Concerns
Petition asks for zoning changes



GUILDERLAND — Town board members are considering rezoning sections of Route 20 after residents brought their concerns to Supervisor Kenneth Runion.

Runion was given a petition signed by over 40 residents asking the town board to consider a zoning change after a controversial Italian restaurant was granted two zoning variances and allowed to set up shop in their neighborhood at 2026 Western Ave. (See related letters to the editor.)

The board is also considering a zoning change for lands within the Normanskill Flood Plain, part of which is included in a proposed 75-lot subdivision tentatively named Normanskill Preserve.

The new restaurant will be on the site of the old Phebe’s Flower Shop.

The zoning change, if passed, would change 2026 and 2028 Western Ave. from local business, which can include restaurants, to business non-retail professional, which would prevent further large-scale commercial development of the area.

BNRP zones are for non-retail service-oriented areas, like doctor’s offices, daycare, or funeral homes, that are easily accessible to neighborhoods.

Any zoning change that does take place will not affect the new restaurant or it’s owners Connie and Mitch Ware, because it will be grandfathered in, according to Runion.
"The Wares wouldn’t be impacted on the use of the property," Runion told The Enterprise.

During Tuesday’s town board meeting, Runion’s proposal to hold a public hearing on the possible zoning changes were unanimously approved. The public hearing will be held on May 16 and broken into two separate hearings. The first hearing for 2026 Western Ave. will start at 7:30 p.m. and the 2028 hearing will be at 8 p.m.

Also on May 16, at 8:30 p.m., the town board will hold a public hearing on rezoning lands within the flood plain from RO-40, a residential zone with a minimum size of 40,0000 square feet, to rural agriculture 3, a zone which is meant to promote low-impact development patterns to conserve natural resources.
"Just because the town board is holding a public hearing does not mean there is definitely going to be a zoning change," Runion said.

What will happen is that the town board will take public comment and will listen to everyone’s input, even if it takes additional meetings, Runion said. Then an environmental review would be given to make sure the change would not have a negative impact on the area. If the property is within 500 feet of a state or county road then the Albany County Planning Board would also review the area. A vote could either be taken that night or at a later date, according to Runion.
"Until we hear the public comments, it’s hard to tell if we will vote that evening," Runion said.

One of Runion’s main concerns is the traffic impact on the neighborhood near the new restaurant, in particular the parking situation. Half of the restaurant’s parking lots are across Cornell Avenue at a neighboring business. Mrs. Ware told the zoning board during the application process that she made arrangements with the other business owner to allow parking for her customers after 5 a.m.
"The lot is extremely small for that business-type use," Runion told The Enterprise. "If people don’t abide by the valet parking, it could cause some real issues in the neighborhood. That is a concern of mine."

Runion, who said he has not spoken to the Wares, has been contacted by several neighbors in the area who were upset by the zoning board’s decision and concerned about the restaurant’s impact on their homes. Along with the petition, Runion has received several letters from local residents.
When asked about the frequency of rezoning in Guilderland, Runion said, "It happens every now and then. Things change."

Under the restaurant’s approved variances, it will be open from 5 to 11 p.m., six days a week, and a 500-square-foot addition will be added to the existing business.

Other business
In other business, the town board also unanimously approved:

— Adopting a resolution to allow the supervisor to sign the certificate of compliance with the Section 8 Housing Plan. The program, administered by the federal Housing and Urban Development Department helps low-income families and individuals.
"I think the program’s been a great benefit for the town and its residents," Runion told The Enterprise. "It helps people buy affordable housing;"

— Appointed Gregory Amyot to the position of fire inspector from the Albany County Civil Service list. Amyot was the number-one candidate on the list and was referred to the town by chief fire inspector, Donald Albright;

— Appointed Christine Ritmo as deputy court clerk from the Albany County Civil Service list. Ritmo who was previously employed by the town in the position of deputy court clerk, took a job with the state, but is now coming back to the position;

— Authorized the supervisor to sign a lease agreement with Cellco Partnership for locating wireless equipment at the Fort Hunter water tower; and

— Accepting the deed from Woodland by Mitchell, LTD for green space along the Normanskill located within such subdivisions.