Members present: Dalton, Mion, Austin, Stuto, Heider, Shamlian, Milstein, PB Attorney Marinelli
Town : PEDD LaCivita, Town Bd members Paul Rosano & Chris Carey, Town Attny Magguilli
This is an unofficial rendition of what occurred during and reactions to this planning board meeting, with an attempt to put these matters in context for SAVE members. It reflects only the personal views and observations of members. Note that the Planning Board meeting minutes are posted on the PEDD’s site, and are now up to date through September.
7:00 PM J Luke Office Owner: J Luke Construction Co. LLC (Hodorowski); 767 Troy Schenectady Road
Sketch Plan
3 story 50,000 sq foot office with parking
Luigi Palleschi ABD Engineering, Victor Caponera Attorney
TDE: Joe Grasso, Clough Harbour.
A 3 story 50,000 square foot office building is proposed to consolidate the Northwestern Mutual Insurance Company offices and provide for future growth. This will be a single tenant use. The applicant has an option to purchase a home at 5 Whitney for vehicle access. Approximately 110 employees and 180 parking spots generating 78 more vehicles per hour. Green space waivers will be required. The applicant received a ZBA variance November 2018. Board comments addressed concerns with overparking, access to Route 7 via the neighborhoods, impact to adjacent residential properties and project too large for the lot size. Applicant did not discount the possibility of another tenant occupying the property in the future if Northwestern Mutual Insurance relocates. Board reminded the applicant that the PB had concerns with a prior Crisafulli medical office building project for the site. The Crisafulli project was subsequently withdrawn. No neighbors spoke.
7:10 PM Mixed Use Retail/Residential Twelve Acre Realty/ Andy Brenner owner; 922 Troy Schenectady Road Sketch Plan
4,100 sq ft 2 story 8 unit apartment building with parking
Luigi Palleschi ABD Engineering
TDE: Joe Grasso, Clough Harbour TDE LETTER
The applicant owns 922 Troy Schenectady Road where the Aesthetic Science institute is located. According to the applicant, their business has been very successful and so needs more parking spaces. They purchased the adjoining former APEX parcel at 928 Troy Schenectady Road and will be purchasing a small parcel from Grassland. Shaker Creek and federally regulated wetlands are located on site. Approximately 1/10 acre of federal wetlands disturbance is proposed. The new building will have 8 apartments targeted to millenials and students. DCC met on September 26, 2018. The Town TDE noted the following concerns: access to Troy Schenectady Road, 2 curb cuts for a small parcel; no amenities (including school bus stop) for apartment tenants; difficult slopes on site; wetland impacts and the need for applicant to receive NYSDOT curb cut approval. Chairman Stuto noted that the board is concerned with projects which attempt to locate apartments next to commercial offices. He referenced the Rosetti project on New Karner Rd as an example. Board members Shamlian, Milstein and Dalton stated that they were not in favor of this concept. Austin wondered aloud why the applicant didn’t assemble these parcels at the time of the Aesthetic Institute application. Board members also noted that the Aesthetic Science Institute site required a lot of effort to fit the project into such a small parcel. Waivers will be required for front yard parking, façade and green space.
7:20 PM Stewart's Shop 19 Fuller Road; Stewart’s Corp, owner
Final Site Plan Approval
3,726 square foot mini market with 3 gas pumps.
Chris Potter Stewarts Corporation, Paul Goldman Attorney
TDE: Joe Grasso, Clough Harbour TDE letter 11/22/18 not available
PEDD Director Lacivita provided the project review history. Chris Potter of Stewarts outlined changes to the project since the last board meeting. Petroleum storage tank was moved from 40 feet to 80 feet from the nearby residential property; landscaping plan modified to provide a 8 foot vinyl fence with arborvitae to screen Catherine Road neighbors; lighting plan provided with no lights on residences, 16-21 parking spaced were banked; hours of operation changed to 4:30 am to 10 pm. Deliveries will be restricted to 7 am to 7 pm. Fuel truck deliveries will occur 3 times per week. Chris Potter also noted that a truck circulation demonstration was conducted at the old Kmart on Route 2 which showed that delivery trucks will be able to access thru the property. Attorney Paul Goldman argued that the SEQRA designation should be Type 2 as the size of the project is under 4,000 square feet. He also stated that any challenge to the ZBA area variance decision was time barred. He further argued that the FHA regulation does not preclude insurance for the neighboring properties.
TDE Grasso referenced his November 22, 2018 TDE letter which had 16 comment items. Not all of these comment items were addressed by TDE Grasso. The TDE noted that he was pleased with the landscaping plan, he noted that the vehicle access to the site was acceptable; he liked the new location for the fuel tank; Albany County DPW will need to approve any curb cuts and they have recommended that there be two curb cuts one which will utilize Catherine Street. He thought the 8 foot vinyl fence can be imposing. He concurred with the Type II SEQRA designation.
Several neighbors spoke in opposition to the proposal. They reiterated their concern with the FHA regulations which do not allow FHA insured loans to be issued for parcels within 300 feet of an underground fuel storage tank. They disagreed with Attorney Paul Goldman’s interpretation of the FHA regulation and asked the board to take into account the economic hardship the gas station will cause to the neighboring homeowners. One resident asked how the banked parking spaces will be handled- will Stewart’s be required to come back before the PB to install the parking spaces. There was some discussion between Chairman Stuto, TDE and PB Counsel Marinelli about how this issue should be addressed. Based upon their discussions, it did not appear that there was a clear PB policy on this issue. They finally settled on conditioning the final site plan approval to require Stewart’s to come back to the PB to utilize the banked parking spaces. One resident asked the Board to consider why the neighbors did not receive required notice of the ZBA variance hearing. A letter signed by 36 neighbors opposing the project and the lack of ZBA notice was read into the record. There was back and forth discussions between the PB, PB Counsel and the resident about the ZBA notice. PB members and counsel took the position that the ZBA variance notice was of no concern to the PB. Three town residents spoke in favor of the new Stewart’s project, citing the need to improve the neighborhood with a good safe neighborhood business. Town Attorney Magguilli spoke on behalf of the “Town”. He stated that the applicant and the PB has worked to minimize impacts to the neighborhood so that the project fit in the neighborhood. Nevertheless, he said the “Town” has some concern about impact of the intensity of the use on the neighborhood, 3 gas pumps was too much, difficulty with enforcement of all the project conditions. PB Member Milstein asked Stewart’s to consider no gas pumps. PEDD Director LaCivita confirmed that Stewart’s has always wanted a gas station and mini market project at this site. Member Austin pointed out that there are already 3 other gas stations in the neighborhood, implying that this should not be objectionable to residents. Board member Dalton counseled the residents and stated that she saw compelling arguments on both sides but there are problems with the existing situation in the neighborhood and the neighbors have not proven that the gas station is unsafe.
Final Site Plan Approved 4-3 vote.
7:45 PM Lecce office/retail owner Lecce Real Estate LLC; 1209 Troy Schenectady Road
3 story 17,949 sq foot office building 80 parking spaces
MJ Engineering for the Applicant
Louis Lecce and Shawn Mahar for the applicant, TDE: Chuck Voss Barton and LoGuidice
Application for Final Site Plan Approval
PEDD Director LaCivita stated that the project is in the Airport Area GEIS study area. Project will be required to pay $64,830 in mitigation fees (note- GEIS mitigation fee worksheets have not been updated since 2015).
The project narrative stated that the applicant is proposing office retail. The project narrative uploaded onto the PEDD website was missing two attachments-A Town of Niskayuna project comment letter and a NYSPHP letter.
The applicant advised that there is currently no tenant so the type of retail use cannot be considered by the Board. Green space will be 35.2%; however, a recorded green space permanent easement on this property was not taken into account when calculating the green space, as this green space was already credited to the adjacent Rite Aid development. The project plans did not provide a final architectural rendering. PB member Milstein asked whether the 3 story building was consistent with the surrounding office buildings. Mr. Lecce stated that it was as there was a new 3 story building directly across Route 7 (note this building is actually 2 stories). The Board asked the applicant why there was not full access from the back of the property to Rosendale Road and via the Bette office park. They believed that a restricted access as a right out only access was not practicable. During this questioning, the applicant and PEDD Director LaCivita did not disclose that the Town of Niskayuna requested a right only rear access and the reason for the Town of Niskayuna request. During public comment, a town resident advised the Board that the Town of Niskayuna sent comments to the TOC via the NYS General Municipal Law. Restricted access was based upon the Town of Niskayuna’s concern with the significant traffic issues at the intersection of Route 7 and Rosendale Road. The town resident pointed out that the Town of Niskayuna had requested Lecce to conduct a traffic study as part of their review of his now withdrawn apartment complex project on another parcel at the rear of the 1209 Troy Schenectady Road parcel. There was confusion among the Board members, Chairman and Counsel regarding whether the Town of Colonie was required to adhere to the Town of Niskayuna's traffic review pursuant to the NYS General Municipal Law. A separate vote was then taken of the PB members and all voted in favor of allowing the left turn out. (!!!!)
The Lecce retail/office project received final site plan approval, with Board member Milstein opposed.
8:00 pm Cumberland Farms owner Cumberland Farms Inc. 1893 Central Avenue
5,275 sq foot convenience store with 6 gas pumps
Bohler Engineering for the Applicant
TDE: Chuck Voss Barton and LoGuidice
Application for Final Site Plan Approval
Approved.
SAVE members were not present for this agenda item.