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Image provided by: Guilderland Public Library
The Altanwht Enterprise-Thursday,^ Sewer code dispute ~ ~~ \w. 13 :*&*: By Jarrett Carroll GmLDEBtLM?B ^The de- bate, became heated, but the de- cision was unanimous. After more than two years, Gordon Development has been granted a special-use permit by the town's zoning board to pro- ceed 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 GuUderland Cen- ter, 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 In- dustrial Park. Because of the railroad tracks in the area, it has been zoned for industrial use. Board members were also con- cerned about the ability of fire trucks to access the facility be- cause of the width and configu- ration of Wagner Road, it takes a sharp hairpin turn off of Route 146. \Wagner Road appears to be a fairly narrow road,\ board mem- ber 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 asser- tions and said he has conferred with the town's highway super- intendent, Todd Gifford, on the matter. Sewer codes An extensive and prolonged debate ensued over the town code's definition of \sewer facili- ties.\ The code states that \the fol- lowing uses and their customary accessory uses are permitted in the I District, provided that the lot is serviced by municipal wa- ter and sewer facilities, upon issuance of a special-use per- mit....\ Klaer asked the board's chairman, Peter Barber, about the municipal water and sewer clauses in the town code for in- dustrial businesses. \I think it comes down to an interpretation issue,\ said Bar- ber. Klaer objected. \With all due respect, Mr. Chairman...my concern is that it appears in the code,\ Klaer said to Barber. \I thjjnk it's disin- genuous to say, We don't know why it's in there;''' Continuing, Klaer said, \T think it is very clear that the code wants you to have munici- pal facilities...A warehouse is an industrial use, hot a light- industrial use.\ A warehouse is defined as a \storehouse for goods and mer- chandise.\ Klaer reiterated his stance by saying that both a municipal water system and municipal sewer hookup were required for the permit. .scalfsd down fr^in the original plantwo.years, ago\which called for.a 68,6§0-squa*e-foot facility. jAibout eight-anc^a-half acres willhouse the facility while more than 41;acres of, the plot will be set. aside as a \forever wild\ pre- serve by Gordon, Development, which njay dedicate the land to the town $f Gijilderland or just place an easOmfeht On it declar- ing it \undevelopable said Hershberg. The land sits at.the foot of the Helderberg escarpment and is zoned according to the- recom- mendations «in the Helderberg 'Our code clearly allows this.' Barber's interpretation was different. \Asking someone to bring in municipal hookups for a busi- ness on a rural road with one employee and a use that is probably lower than any other in town is, to use your word, 'disin- genuous,*\ 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, \Be- cause we have, history, doesn't mean that it is not relative or germane,\ he said of his inter- pretation 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 ap- plication 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 re- 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 STOKER STOVE and i fiarJijf&* coal at Valley View Farm John and Beth O'Pezio 179 Seabury Rd., Berne ^S www.wfetoves.com 518-872-1007 call for hours Beat the Rising Cost of Home Automatic and hand-fired coal stoves •Heat Your Home for 1/2 the price of oil • Cleaner & more heat than pellets •Auto Burn 4 to 5 Days Escarpment Planning Guide, a regional initiative meant to tai- lor development so that is pre- serves natural resources. No hazardous wastes or dan- gerous chemicals will be allowed for storage at the facility, ac- cording to Hershberg. He added that any seasonally stored vehi- cles 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 gen- erate very little traffic, Hershberg told the board. \It's not a high-density use.\ The plans do allow for some expansion by adding more stor- age units within the eight-acre development, but Gordon Devel- opment said'it Mil 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. Light- ing 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 Plan- ning Guide, Hershberg said the color for the structure's doors has changed from blue to a fo.rest green and the rest of the struc- ture will be \earth toned.\ The permit is contingent upon final approval from the town's fire department, highway su- perintendent, the Army Corps of Engineers, the state's Depart- ment of Environmental Conser- vation, and by the town- designated engineer on any fur- ther issues. Barber told The Enterprise this week that the application has moved along. \It's pretty nice for an indus- trial 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 dis- cussions\ at last Wednesday's meeting, Barber said, \The dis- cussions can be a little colorful sometimes, but we are now moving forward.\ I Custody 'Support • Visitation Separation Agreements Pensions/IRA Jo ANN E. 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