Timing is everything, especially in the construction business.
This old adage took on a whole new meaning for local developer Steve Bolduc of Keystone Builders after a divided Bethlehem Planning Board held a lengthy and lively debate about one of his projects on Tuesday, March 17. A board member sparked the discussion when he suggested Bolduc’s project cut down on work hours during heavy construction and demolition periods for the sake of neighbors.
Bolduc plans to build 40 high-end condominiums on the current site of long-time florist Verstandig’s on 445 Delaware Ave. He told the board it would be unfair to target his single project by requiring specific work hours.
Although all of the members voted to approve the proposal, Bolduc’s project hasn’t been without controversy and holdups. Neighbors in the area have been vocal about their concerns of storm-water runoff, lighting and traffic issues, as well as the length of construction and the noise that will accompany it.
The biggest hurdle to approval has been storm-water management on the site, according to Supervisor Jack Cunningham.
`I’ve been following this project internally with the planning department,` said Cunningham, who attended the meeting because he `wanted to see if there were any other concerns or hang-ups.`
The supervisor said Bolduc’s plans fit in with the town’s comprehensive plan and that he wants to see the project move forward. He said he’s only received positive comments, such as when will it be built and how much will it cost.
`I think it’s a big plus for the town,` said Cunningham. `We’ve really been looking for ways to diversify housing in the town and this is a first step towards that.`
The debate over work hours began with board member John Smolinsky.
`It seems to me there could be some mitigation of noise by changing the work hours,` Smolinsky said. `I suggest a later start in the morning hours.`
The site plans show a proposed outdoor schedule of 7 a.m. to 6 p.m. Monday through Saturday. After discussing work hours with Chairman George Leveille, the board discussed the possibility of an 8 a.m. to 6 p.m. Monday through Friday schedule with Saturday hours of 8 a.m. to 1 p.m.
Leveille questioned the legality and logistics of curtailing the hours of a particular project.
`How could we possible monitor that? I think you’re trying to ask the town to enforce something that’s unenforceable,` Leveille said of Smolinsky’s proposal. `This could have the potential to be a precedent setter.`
Aside from the curtailed demolition hours for the new CVS Pharmacy in Elsmere, town staff and board members could not recall a recent project having its work hours reduced.
Currently, there is no noise ordinance in Bethlehem; however, the town’s noise ordinance task force is creating a draft noise ordinance to be reviewed by the town board. Without a noise law on the books, there is little the town can do in terms of enforcement when it comes to noise complaints by neighbors.
Smolinsky said it would be the developer’s responsibility.
`I don’t disagree with you,` Smolinsky said to Leveille, `but it would be more permissive to have a later start if that’s difficult to enforce and to find, then work starts at 8 o’clock in my recommendation.`
Board member Katie Powers said she would have preferred to see a reduction in the Saturday hours if it was `agreeable` and wouldn’t affect Bolduc’s schedule.
Board members Katherine McCarthy and Christine Motta both said Bolduc’s originally proposed hours were justifiable.
`I think the hours proposed are fine, and I sympathize with the neighbors because I live by CVS, and it was tough,` McCarthy said. `But I think shortening the hours like this would just protract it, and it’s like tearing a Band-Aid off ` let’s get it done.`
Agreeing, Motta said, `I think reducing the hours will just prolong it.`
Board member Daniel Coffey said work hours are a codes and enforcement issue, not a planning issue.
`I don’t it should be up to us to set any kind of hours. Obviously the builder will be expected to be as courteous as possible, but to set hours, for example, in July and August, it may be feasible to get out earlier before it gets hot out,` he said. `I think it may be difficult for us to articulate hours.`
Bolduc, who the board said had built his reputation on good relations with local residents in Bethlehem, said the concerns are noted and that he will go out of his way to ensure disruptions are minimal and quick.
His application has been before the planning board for more than a year, and he received unanimous final site plan approval from the board on Tuesday, March 17.
Bolduc said he has been cooperative and patient with the town’s requests, and he’s ready to move forward.
`Something’s going to be built there whether it’s me or someone else,` Bolduc said. `I think you’re over-thinking this project. I think you’re putting undue stress on the project.`
Concluding, Bolduc said, `I feel enough’s enough, and I’m asking for your help right here.`
Cunningham said he was unsure if the board had the authority to curtail a particular project’s work hours.
Smolinsky voted with the board for approval and said he hoped the discussion had been constructive.
`I’m going to vote yes with this project, but I’m a little disappointed,` he said. `Hopefully, this will highlight for Steve there’s a sensitivity there.`
Bolduc said that the soonest construction could start would be in the fall or possibly next spring. He said Keystone Builders would have to sell the first two buildings to tenants before they can begin actual construction.“
