Sewer code dispute
Self-storage facility gets permit



GUILDERLAND — The debate became heated, but the decision was unanimous.

After more than two years, Gordon Development has been granted a special-use permit by the town’s zoning board to proceed with the construction of a self-storage facility on Wagner Road.

After zoning-board members argued over the town’s industrial sewer code last Wednesday, they approved the self-storage facility being built in Guilderland Center, pending several stipulations to be met before construction.

The conflict began because of the town’s code, which states that industrial developments be served by both municipal water and sewer hookups. The self-storage facility, an extremely low-intensity use for industrial businesses, is being built in a mostly undeveloped industrial zone, near the Northeastern Industrial Park.

Because of the railroad tracks in the area, it has been zoned for industrial use.

Board members were also concerned about the ability of fire trucks to access the facility because of the width and configuration of Wagner Road, it takes a sharp hairpin turn off of Route 146.
"Wagner Road appears to be a fairly narrow road," board member Charles Klaer told Daniel Hershberg, who represented Gordon Development at the meeting. "It’s not clear to me that the claims of the application that the roads are wide enough"can be made."

Hershberg told the board that the town’s largest fire truck is able to access the facility and can turn to get to each planned structure except for one, having only one side that it cannot pull up to.
"These are actually wider than town roads," Hershberg said in response to Klaer’s inquiry. "If trucks can make it down a side road, then they can make it down here."

The town-designated engineer confirmed Hershberg’s assertions and said he has conferred with the town’s highway superintendent, Todd Gifford, on the matter.

Sewer codes
An extensive and prolonged debate ensued over the town code’s definition of "sewer facilities."
The code states that "the following uses and their customary accessory uses are permitted in the I District, provided that the lot is serviced by municipal water and sewer facilities, upon issuance of a special-use permit"."

Klaer asked the board’s chairman, Peter Barber, about the municipal water and sewer clauses in the town code for industrial businesses.
"I think it comes down to an interpretation issue," said Barber.

Klaer objected.
"With all due respect, Mr. Chairman"my concern is that it appears in the code," Klaer said to Barber. "I think it’s disingenuous to say, ‘We don’t know why it’s in there.’"
Continuing, Klaer said, "I think it is very clear that the code wants you to have municipal facilities"A warehouse is an industrial use, not a light-industrial use."
A warehouse is defined as a "storehouse for goods and merchandise."

Klaer reiterated his stance by saying that both a municipal water system and municipal sewer hookup were required for the permit.

Barber’s interpretation was different.
"Asking someone to bring in municipal hookups for a business on a rural road with one employee and a use that is probably lower than any other in town is, to use your word, ‘disingenuous,’" Barber replied.
"The industrial zones, if they are to be developed, they are to be served by municipal services," Klaer again insisted to Barber.
Barber said that Klaer was trying to put words in the code which were not there. "I gave you my answer; you might not like it, Chuck," he said.
Klaer responded by saying that the situation was "much more complicated" than that.
"Our code clearly allows this," Barber said. "It is typical for the board to put conditions on a project"It’s been pending for about two years now."
Klaer again responded, "Because we have history, doesn’t mean that it is not relative or germane," he said of his interpretation of the code.
As Barber made a motion to approve the permit, Klaer asked to review the legislative history of the town code as a conditional stipulation, saying to Barber, "I don’t think legislative history will sustain your interpretation."

Barber made a motion in favor of the permit, eventually adding Klaer’s stipulation.
"I’m going to make a motion on this. If you want to vote against me, Chuck, vote against me," he said.
Klaer told Barber that he did not review the legislation, to which Barber said, "I think you are wrong to suggest that I did not look at this issue."
Barber also described the application as the "lowest possible industrial use."
Everyone voted in favor of the motion with Klaer’s stipulation, including a reluctant Klaer. Board member Sharon Cupoli said, "I vote yes, even though I don’t think we need Chuck’s review."

The project

The plans call for a 45,000-square-foot facility on a 50-acre plot with six parking spaces and one employee on premise. The storage units will be eight-and-a-half-feet tall metal structures.

This plan is substantially scaled down from the original plan two years ago which called for a 68,650-square-foot facility.
About eight-and-a-half acres will house the facility while more than 41acres of the plot will be set aside as a "forever wild" preserve by Gordon Development, which may dedicate the land to the town of Guilderland or just place an easement on it declaring it "undevelopable," said Hershberg.

The land sits at the foot of the Helderberg escarpment and is zoned according to the recommendations in the Helderberg Escarpment Planning Guide, a regional initiative meant to tailor development so that is preserves natural resources.

No hazardous wastes or dangerous chemicals will be allowed for storage at the facility, according to Hershberg. He added that any seasonally stored vehicles or boats would be inspected for leakage.

Hershberg also told the board that, because less than one-third of an acre of wetlands may be disturbed during construction, a permit from the federal Army Corps of Engineers has been applied for.
"These storage facilities generate very little traffic, Hershberg told the board. "It’s not a high-density use."

The plans do allow for some expansion by adding more storage units within the eight-acre development, but Gordon Development said it will only expand if consumer demand requires it.

A fence will surround the storage facility with trees planted inside of the fencing and a gate that closes across the main roadway entrance. Lighting will be added for security purposes.

Hersberg told the board that, typically, a single employee only uses about 10 gallons worth of wastewater a day.
In accordance with the Helderberg Escarpment Planning Guide, Hershberg said the color for the structure’s doors has changed from blue to a forest green and the rest of the structure will be "earth toned."

The permit is contingent upon final approval from the town’s fire department, highway superintendent, the Army Corps of Engineers, the state’s Department of Environmental Conservation, and by the town-designated engineer on any further issues.

Barber told The Enterprise this week that the application has moved along.
"It’s pretty nice for an industrial zone to have this," Barber said, referring to the low-intensity use in conjunction with over 40 acres of preserved land. Speaking about the "lively discussions" at last Wednesday’s meeting, Barber said, "The discussions can be a little colorful sometimes, but we are now moving forward."