Rare 3-2 split leads to delay for re-zoning





GUILDERLAND — If there was one message conveyed during last Tuesday’s town board meeting, it was that proper town planning is necessary.

The board listened to public comments on two re-zoning proposals — one at the site of a new restaurant and the other for a senior housing complex — but no decisions were made.
In a rare 3-2 split, the all-Democratic town board voted to delay re-zone requests for 2026 and 2028 Western Avenue from Local Business to Business Non-Retail Professional, in an effort to address what members call "spot zoning."

Those parcels are the site of a former flower shop, where the zoning board has now approved variances and a permit for an Italian restaurant.

Supervisor Kenneth Runion and board member Michael Ricard voted against board member David Bosworth’s proposal to delay the vote. Board members Patricia Slavick and Paul Pastore voted in favor of the proposal.
"I feel the board made a mistake in making the lots Local Business, so I don’t feel a delay is necessary," Runion said at the meeting, adding that he already gave an extensive review of the lot’s history.

Bosworth, who chairs Guilderland’s Democratic party, sent Runion an e-mail prior to the meeting, asking for a delay in the re-zone vote because he believes other similarly-zoned parcels along the busy Western Avenue corridor should be reviewed in order to prevent future problems.
"I’d like to postpone the vote and ask the town planner to look at other parcels on Western Avenue," Bosworth said, adding that he did not want the owners of the two Western Avenue properties to feel singled out.

Pastore, the tie-breaker, was hesitant with his vote in favor of the delay.
"I’m going to vote in favor," Pastore said, but warned, "What we are doing is setting a precedent for an Appellate review of the planning and zoning boards, and I am wary of that," Pastore said.

Runion reminded everyone at the meeting that the restaurant slated to open at 2026 Western Ave., which was the source of a neighborhood petition asking for the re-zoning, would retain its special-use permit, no matter what the property is zoned.
"The ability of the restaurant to open is not in jeopardy by any action that this board takes," Runion said.

The re-zone, if it goes through, would restrict the parcels to lighter uses, such as a doctor’s office or lawyer’s office. The parcels on busy Route 20, are backed by a residential neighborhood.
Town planner Jan Weston told the board that she wanted to speak with Supervisor Runion about the "scope" of the zoning reviews.

During the public-comment period at the beginning of the meeting, the new restaurant’s owner, Connie Ware, and her attorney, Rob Adams, spoke to the board.
"I purchased the property"because I felt it would be a great place for a restaurant," said Ware. She added that she paid a premium price for the lot and feels that a zoning change would affect the re-sale price of the property.

Ware also apologized to the board for not attending the original public hearing.

Adams informed the board that Ware took out over a half-million dollars in loans to open the restaurant and could lose her business and her home if she could not build the restaurant.
"The town board is going to honor the special-use permit issued by the zoning board of appeals," Runion told The Enterprise yesterday. Runion said that the zoning board did its job in granting the special-use permit, following the law, and that the mistake was made when the lot was originally re-zoned to Local Business in the early ’90’s.
"We’re just looking to the future," Runion said.

Senior housing

A public hearing on re-zoning land further west on Route 20 for Jeff Thomas’s senior housing project was also held during Tuesday’s meeting.

The re-zone would change 13 acres — formerly the site of the Bavarian Chalet restaurant — from Local Business to Multiple Residence. This would allow denser development.
"There is a tremendous need for senior housing in Guilderland, especially in the west end," Thomas said during his presentation. "I believe I found the perfect site."
Dominick Ranieri, the project’s architect, said the zoning change would be "more appropriate" for the area and that the project would be a good fit for the town.

Ranieri said the average housing price in Guilderland was around $267,000 and that Thomas’s senior housing units would likely be priced at around $220,000.
"That’s in the affordability range the board was looking for," Runion told The Enterprise.
Weston sent a memo to board members saying she has "reservations about the density" of the project. Thomas and Renieri asked the board for some leniency on the density issue, citing a low traffic impact and offering the town the existing chalet building as a community center.

There were many public supporters for the senior housing project at the meeting, most of them elderly.
"As a whole, seniors aren’t really all that noisy. We deserve a few variances," one Guilderland resident said.

One couple who lives adjacent to the old Bavarian Chalet liked the project, but requested that a substantial buffer be put in place between their home and the proposed parking lots for the project. They also asked Thomas to abandon a driveway that currently runs from Route 20 along their property.

Marion Avery of 5085 Western Turnpike sent a hand-written letter to the board in support of Thomas’s project.
"I watched the chalet start, grow, and then close down," said a resident from 9 Frenches Mill Rd. "This is a nice project"It’s going to be an asset."
"I don’t see any reason why we would deny a zoning change for this project," said Gene Messercola, an Albany County legislator who represents the area and lives on 3879 Carman Rd. "I have lived in this town most of my life"This project here, I believe, is an affordable project.
"This is one of the better senior projects that I have seen," Messercola added.

Town officials weighed in, too.
"Would you consider putting in a small store so people could get newspapers and other things"" Slavick asked, inspiring a small round of applause.

Thomas said it was a good idea and would look into it.

The town’s planning board sent its recommendation for the project to the board members and Runion said that, overall, he liked the project.
"I like it. It’s attractive," said Runion. "It’s a nice project for seniors, plus it provides us with a place for senior services."

John Brenan from Old State Road asked if the units would be multi-level or single units on each floor.

Ranieri said that each unit will be on a single floor, but that buyers could opt to have a personal-use residential elevator put in for units on higher floors. Thomas added that the staircases in the project were designed to accept elevator chairs if potential buyers were interested. Thomas said a brochure will be created to market the units.
"From the small press we’ve got from the Times Union and The Altamont Enterprise, we’ve already got a waiting list for the project," Thomas said.

The only sticking point during the hearing was the construction of a sidewalk that would connect the project to the town hall and a local supermarket.
"I think sidewalks are important. People are looking for walkable communities," Runion told The Enterprise. "We have a pathways committee trying to make a walkable community. It’s important and we can’t ignore that."

Renieri said a sidewalk would be built along Route 20 in front of the project, but that plans did not call for anything more.
"I definitely am willing to explore ideas with the zoning and planning boards," Thomas told the board.

Runion set a vote-only session for June 20 on Thomas’s re-zone request.

Other business

In other business, the town board:

— Set a scoping session for the $100 million project called Glass Works Village on Western Avenue and Winding Brook Road, which is to combine both residential and commerical buildings in a village-like atmosphere. The session, set for July 11, at 7:30 p.m., will allow town officials and local residents to raise issues of traffic and environmental impacts;

— Heard a presentation on revisions to the Mill Hill planned unit development, another project to house senior residents — on Route 155. Out of four phases, only two were proposed to change. Representatives from the Mill Hill project said they wanted to drastically reduce the density of the original proposals of phases two and three.

Representatives also wanted to reduce the age requirement for the projects from 62 to 55 in order to compete with other retirement housing projects in town;

— Set a public hearing to re-zone properties beginning at 3011 Spawn Road and running to Timothy Lane from General Business to Rural 15. The public hearing will be on July 11, at 8 p.m. Weston sent a memo to board members in support of the re-zone
A petition and several letters were sent to the town board asking for a re-zone of the area. A Stewart’s shop is interested in opening a store on the busy road. Weston said, "I wholly support the re-zoning of these premises," in a memo to board members;

— Unanimously approved the transfer of $2,357.58 from the Serafini Drive pump station account to the sewer reserve fund;

— Unanimously authorized the Department of Water and Wastewater Management to bid for materials for Water Extension #72, which is the Voorheesville and Guilderland interconnection;

— Unanimously authorized an agreement with Barton & Loguidice, PC for engineering services and for repairing and painting the Westmere water tank. The agreement also states that the company will demolish the Depot Road water tank;

— Unanimously authorized the supervisor to sign a collector’s warrant for the Guilderland water district; and

— Announced that the town clerk’s office is now accepting passport applications Monday through Friday, from 10 a.m. to 4 p.m.

More Guilderland News

  • On Nov. 1, attorneys for the IDA in court documents stated they had filed an acquisition map with the Albany County Clerk’s Office on Oct. 31, vesting the agency title to 4.23 acres of previously-owned town roads within the 16-acre project site.

  • The demand for emergency response is growing, with a record 6,717 calls answered last year. “We’ve got an aging population,” Guilderland Supervisor Peter Barber said at the ceremony, “and the key was how do we do it right,” he said of establishing a town-run service.

  • One of the reasons Foster thinks Guilderland girls, even those brand new to the sport, will have a shot at success is because, starting this year statewide, girls will wrestle in the Olympic style.

The Altamont Enterprise is focused on hyper-local, high-quality journalism. We produce free election guides, curate readers' opinion pieces, and engage with important local issues. Subscriptions open full access to our work and make it possible.