Planning Board (PB) Report for May 8, 2018
PB Members Attending: Dalton, Mion, Milstein, Heider, Shamlian, Stuto; Town Attny Magguilli in for Marinelli. Staff: LaCivita , Tengeler Town Bd: Supervisor Mahan, Murphy, VonDollen, Rosano
The two TDE’s all referenced their comment letters and town Department comments which were sent to applicants. These TDE comment letters and Department comments and any applicant responses are not provided on the PEDD website prior to PB meetings. SAVE has repeatedly requested PEDD to upload all TDE, Town and applicant responses on the PEDD website.
1. Ferraro Entertainment Inc. Entertainment Complex Sketch Plan
941 Albany Shaker Road
Chuck Voss, Barton and LoGuidice, TDE
Applicant proposes to construct an indoor entertainment facility with laser tag, spin zone, ninja warrior, mini bowling, party rooms, lounges geared to multiple ages. Child care will also be provided. The Facility will also have a liquor license. The applicant has future plans for an additional building on site for possibly an indoor electric go cart track. PB questions and TDE comments focused on whether there would be an adequate number of parking spaces. The applicant’s consultant Hershberg argued that the total square footage should not be used to calculate the requisite number of parking spaces as much of the square footage will not be fully occupied. Hershberg advocated for parking based upon 10,000 square feet rather than the 25,000 square foot building which will be constructed. Design waivers were also sought for road setbacks, parking in front and smaller sized parking spaces. Town Attorney Magguilli also questioned whether there are any similar facilities in the Town.
2.Safelite Autoglass Application for Concept Acceptance
327 Old Niskayuna Road
Joe Grasso CHA TDE
TDE issued a comment letter on April 27, 2018. TDE referenced this letter. TDE asked for plans to reflect the vegetation and trees located on site and noted that a cultural resources signoff is required by NY State Parks and Recreation. TDE also asked the applicant to clarify where the sidewalks would be installed on Old Niskayuna Road. Discussion ensued about what is the developer’s responsibility to provide sidewalks for projects. Chairman Stuto asked what should be a reasonable requirement for development-funded sidewalk construction. Note to SAVE members- The Town’s 2005 Comprehensive Plan called for the development of a Town wide bike and sidewalk plan. To date, this plan has never been adopted by the Town Board. The applicant’s consultant Hershberg noted that he expected high ground water because the site is located close to wetlands.
PB unanimously approved concept acceptance.
3. Hyatt Hotel and 2 Restaurants (Texas Longhorn Steakhouse and another tbd)
144 Wolf Road
Applicant Tom Burke of Colonie Real Estate Holdings LLC, now known as 1476 Route 9LLC.
Representative of Darden
Joe Grasso CHA , TDE
Nick Costa of Advanced Engineering presented. This project was most recently before the Town Planning Board on February 13, 2018. At that time, the adjacent landowner raised concerns about flooding from the project site and PB members requested the developer to relocate the restaurant building farther away from Wolf Road. These issues were discussed again last night. The neighbor reported that he met with Nick Costa and reviewed the stormwater plans and the on-site landscaping plans. PB members Heider and Shamlian again raised their concerns with the location of the Texas Longhorn restaurant vis a vis the adjacent Sherwin Williams building. There was back and forth discussion between the PB members about whether it would be better to move the building 15 or 20 feet further away from Wolf Road in order to ensure that the adjacent commercial businesses would not lose their “commercial visibility” on Wolf Road. Mr. Burke stated Longhorn's executives refused to move the building any further back, and explained that this would interfere with the dumpster location behind the building. The PB did not accept this explanation and pressed Mr. Burke for a further justification for his position.
Darden/Longhorn restaurant representative, present at the hearing, finally addressed the PB and explained why his company could not move the building any further away from Wolf Road. He noted that this was the first time he heard anything about moving the restaurant building further back on the site, and stated that his company executives have already signed off on this project so it would be difficult to ask them to review any further project revisions. He further advised that the building could not be relocated because this would affect the signature Longhorn landscaping and there would be a loss of parking spaces.
At one point, the Darden representative left the hearing room and telephoned a Darden executive team member. A lively discussion then ensued between Burke and Planning Board members. Chairman Stuto at one point asked the TDE whether the PB could just complete the SEQRA review to help the project along. Town Attorney Magguilli did not weigh in this issue.
PB members were clearly uncomfortable with this debate and finally settled on proceeding with the SEQRA review and final vote which would be conditioned upon the PB’s delegation of their authority to TDE Grasso and the PEDD director to review whether the restaurant building could be moved either 15 or 20 feet back, whether there can be a 3 lane entrance from Wolf Road, and the final landscaping plan.
PEDD Director LaCivita is quoted in a May 10, 2018 TU article as stating that the Town and the applicant agreed upon a 15 foot setback and construction is slated to begin later this summer. TDE Grasso also suggested that the Airport Area GEIS mitigation fees should be reduced for this project because a GEIS credit should be applied to this applicant’s mitigation fees because the Lazare auto dealership is no longer in existence. SAVE is researching whether this project is eligible to receive a GEIS mitigation credit.
Final Site Plan was unanimously approved, with PB delegation of their SEQRA review to PEDD director and TDE Grasso.
4. Panera Restaurant
601 Troy Schenectady Road
Application for waivers to allow a drive thru, reduction green space.
PEDD staff presentation Tengler
Panera is seeking to relocate from its current location to the now vacant Pizzeria Uno restaurant space in the same retail plaza. PB member Shamlian asked the applicant’s representative about the troublesome intersection of Erin Street and Troy Schenectady Road. Member Shamlian stated that there are problems with left turns onto Erin Street which causes back up vehicle stacking. Shamlian stated that the drive thru aspect of this project will impact traffic. Chairman Stuto remarked that “we are not traffic engineers.” (These same traffic concerns were raised by Member Shamlian during Kimco’s Latham Farms restaurant expansion project earlier this year. )
The Panera Rep stated that it would be difficult for his client to provide off-site intersection analysis based upon ITE standards. The PB tabled their review and directed Panera to address traffic impact concerns. Chairman Stuto stated that the applicant can touch base with Tengler and promised the applicant that its application will be quickly placed back on the PB agenda once the traffic impact analysis is provided to PEDD staff. Member Stuto suggested that the Board hire CHA (a Town TDE), as they were already involved with the Kimco Latham Farms application and familiar with the traffic analyses done by VHB.
Thanks to all SAVE Colonie members who participate to make things better here for everyone.