Development dilemma
Is Guilderland as ‘good as Delmar’

GUILDERLAND — Dozens of residents came out to town hall on Tuesday night to voice their opinions on three controversial re-zones. The town board held the public hearings on what it is calling "spot zoning" in two places.

The re-zones could change 2026 and 2028 Western Ave., where a new restaurant was approved, from Local Business to Business Non-Retail Professional (BN-RP). The areas within the Normanskill Flood Plain, near Church Road, could be re-zoned from RO-40, a residential zone with a minimum size of 40,0000 square feet, to RA-3, a zone which is meant to promote low-impact development patterns to conserve natural resources.

These re-zones would limit future commercial development at the Western Avenue locations and increase the minimum lot size from one to three acres for development in the flood plain.

Supervisor Kenneth Runion told The Enterprise earlier that a BN-RP zone would prevent future large-scale commercial development from occurring if the restaurant left the lot.

Runion started the meeting by briefly summarizing the history of zoning changes along the busy Route 20 corridor.

Prior to 1981 the two Western Avenue lots were residentially zoned and then turned to BN-RP, Runion said. As Route 20 turned from a two-lane highway into a four-lane thoroughfare, a number of requests for re-zoning along the road from the Albany line to Route 146 were made, Runion said.
"In 1984, the town board commissioned a comprehensive study along Route 20 from the Albany city line," said Runion. The Emanuel Study determined that there was an adequate amount of business in the area and other business should be confined to the Crossgates Mall area, according to Runion.

After the study was released, Guilderland held public hearings on town-wide re-zoning for nearly seven months in 1985. Over 100 parcels of land were subsequently re-zoned.

The 2026 Western Ave. lot, where an Italian restaurant is slated to open, was a hair salon until 1992, after which it was re-zoned to Local Business for Phebe’s Florist Shop. Runion said that temporary zoning is sometimes used, but that was permanently changed by a town board vote of four to one.
"Now we get to 2006"Now it gets kind of difficult," Runion said.

2026 and 2028

The re-zones on Western Avenue are the result of a petition neighborhood residents sent to the town supervisor opposing permits for the Italian restaurant that were approved by the planning and zoning boards.
While laying down some ground rules for the public hearing, Runion said, "Some of the letters we’ve received have been very critical of previous boards"We’re not here to hear criticism of other boards."
"The applicant went through the process — through no fault of their own — and was granted a special-use permit," Runion told residents about the Italian restaurant that was approved by the planning and zoning boards. "We don’t have the power to change a special-use permit."

The town hall was filled with anxious residents waiting to tell the board what they thought of the possible zoning changes. The first one to approach the podium was Betty Shields who lives on Sumpter Avenue.
"We understand that we live on a commercial strip," said Shields. "The traffic on that part of the road is getting more intense, not less." She added that, "The fit of BN-RP is a better fit for that area."

The next woman to talk to the board was Phyllis Rose, who lives directly across from the 2026 lot on Cornell Avenue.
"When Phebe’s was there, we didn’t have a problem with Phebe," said Rose, "because it fit the neighborhood." Rose left the podium telling the board, "I hope you take into account our quality of living when you make your decision.
Addressing the supervisor himself, Cornell Avenue resident Adrienne Daniels said, "I remember when you first ran, Mr. Runion. You said you were going to control commercialization. Well, it’s gotten worse."

Joel Cornell from State Farm Road told the board that if anyone knows bad town planning, he does.
"We have four drugstores in my intersection, four strip malls in my intersection, and six banks in my intersection," said Cornell. "The quality of life is pretty damn low."

Mark Schaffer, who owns the 2028 property next to the former Phebe’s, told the board that he is completely against the re-zone.
"You cannot change Route 20 or the traffic on Route 20," Schaffer told the board. "Between that intersection and Crossgates Mall, I don’t think a residential house has been built in 50 years."

Schaffer’s attorney, Karen Moreau, spoke after her client.
She represented Schaffer and his construction business, W&S, LLC. Describing Route 20, she said, "Changes are the result of growth"growth that the town board cannot really stop."
"I can certainly empathize with the neighbors"The growth in business is, frankly, really responsible for that change," said Moreau.
Moreau did not agree with the findings of the Emanuel Study, saying, "That’s over 20 years ago."
"We could go back to before the 1970’s, to when there were cows on Route 20," said Moreau. "The past is the past." Moreau asked the board to "consider the residents of Guilderland as a whole, not just the neighbors" around the proposed re-zones.

Moreau pointed out that the businesses along Route 20 add the greatest tax base to the town and she suggested that the town even convert some of the residential zones around the busy highway into commercial property because, she said, the character of the area would not change and the town should not promote residential living there.

On behalf of Schaffer and W&S, LLC., Moreau presented the board with a petition not to change the zoning of the properties from Local Business.

The 30-day period to challenge the Italian restaurant expired on April 29, and, since the variances were permitted earlier, no zoning change can affect the restaurant from operating on 2026 Western Ave. Only a reduction in the restaurant’s parking spaces would affect its special-use permit, Runion said.
"There’s nobody here on behalf on 2026 Western Avenue"" asked board member David Bosworth. Owners of the new Italian restaurant did not attend the public hearing.

The board agreed that the re-zone would not have an environmental impact on the area, with board member Paul Pastore abstaining from both votes. The board has scheduled a vote only session on the re-zone of the properties for June 6 at 7:30 p.m.

The Normanskill Flood Plain

Opinions were divided on whether to scale back the potential for development on the flood plains.

Town planner Jane Weston told the board that she supports the re-zone because areas in the Normanskill Flood Plain are unsuitable for major development and that the current zoning is too dense.
"I have lived on Church Road for approximately 70 years," Doris Gorbal told the board. "If they go in there and bulldoze it down, I’m going to be flooded out"People are going to be killed."
A large applause followed Gorbal’s comments, and she added, "I’m in favor of the re-zone."
"Schoolhouse Road as it is now, takes me five to 10 minutes to get out of my driveway," said another resident concerned about heavy traffic. "If you continue [the flood plain] at one acre, you’re going to have a lot more people and a lot more cars in the area."
Weston said that the term "flood plain" does not necessarily mean that flooding occurs in every section of the area, but that it describes the entire area between Church and Schoolhouse Road.

Other speakers at the public hearing did not agree with the re-zoning proposal.
"I have strenuous objection to this zoning change; its robbing me of my property," said George Harder of Bethlehem.
"I have a magic word to use tonight: value," Harder told the board, asking, "What do you think [re-zoning] does to the value of the land"" He added, "I think you’re trying to restrict the number of people coming to this area.
"My objection is now up front, we would like the opportunity to look at projects like the Glass Works Village," said Harder, referring to a $100 million proposal for a residential and commercial development off Route 20 in Guilderland. "I want to make this town look as good as Delmar."

Juan Moto disagreed with this sentiment.
"Delmar is a nice place, and a wonderful community, but it’s not a beautiful town. Guilderland is a beautiful town," said Moto.
"My property floods," said Linda McKinley, who lives on Johnston Road. "I think the majority of this town is oversaturated with development."
Jeff Haines, who lives off of Schoolhouse Road called Crossgates Mall a "pit," and said, "Westmere has essentially become downtown Guilderland."
Another who opposed the re-zone, Shelly Lupi, said, "We do have wetlands on our property"but it is developable." Lupi said there were roughly 32 property owners in the proposed re-zone areas and asked the board, "Why do 32 of us have to provide for the rest of the town""
"These properties were bought by my grandparents specifically for development. We never intended on using it to farm," said Lupi. "What am I going to do with the property"" she asked. "We were going to sell it"This is our livelihood," she said.

Lupi asked the board not to re-zone the area and to continue discussions before making any decisions.
"It’s really a unique area that’s not found anywhere else in Guilderland," said another concerned resident, adding that only about one-third of the area is usable for development. "What is your plan for all of this increased traffic"" she asked. "Now you’re going to add a Dunkin’ Donuts in that area. I can’t believe it!"

By 11:30 p.m. on Tuesday night, the board decided to hold another public hearing on the Normanskill Flood Plain on June 20, at 7:30 p.m. The board also asked Weston for a topographical map of the proposed re-zone areas.

Other business

In other business, the town board:

— Proclaimed May 20, Kids Day America/International in Guilderland. From noon to three this Saturday, the Guilderland High School will hold an event for the town’s children and their parents. There will be games, and parents can have child identification-cards made free of charge;

— Unanimously authorized appropriating $16,000 for the purchase of a used brush leaf vacuum machine from the town of Wilton;

— Unanimously approved a settlement of tax assessment proceedings for 821 Greenthorne Blvd., as recommended by the town’s assessor; and

— Listened to a presentation by Barton & Loguidice, P.C. in regards to the stormwater management annual report.