Colonie residents alternately expressed concern and support at a public hearing held Thursday, March 28, for an amendment to the town code that would require expanded neighbor notification requirements for developers.
Town officials and the Land Use Law Review Committee have been discussing amending several chapters of the town code, which has no requirement to provide specific notification on construction projects. A New York state law requires that towns must publish any major changes to projects and neighbors living with 200 feet of a proposed project need to be notified about the plans.
In response to citizen concerns raised a few months ago, the Land Use Law Review Committee came up with the proposed changes for notification, which vary by the type of project. Under the proposal, the notification radius would be 500 feet in single- and multi-family residential zones, for a PDD, for variance application and for rezoning greater than an acre. It would be 250 feet for a redevelopment site plan, for special use permits in single- and multi-family residential zones and for rezoning of less than an acre.
Any developer would have to reach out to neighbors in that radius and provide information about the project being undertaken. The notification is typically accomplished by mail.
Brett Williams, an intern at the Town Attorney’s office and a second-year Albany Law School student, presented research before the public hearing. He reviewed the town codes throughout New York and found of the 932 towns in the state, Colonie is the 15th most populous. Williams said he looked at 240 town codes in New York and 161 have no neighbor requirements except for wireless telecommunication towers.
Of the 27 Upstate towns with populations of more than 30,000, which includes Colonie, only seven require notification. Clifton Park is the only other town in the area that has implemented notifications into the town code.
“Ultimately, the neighborhood notification plans that we’ve put forward for the Town of Colonie will be one of the most comprehensive for the state. Clifton Park currently has one of the state’s most comprehensive, and ours will actually be more comprehensive than theirs,” Williams said.
But some residents at the public hearing said the changes do not go far enough. Resident Amy Fox said she feels the notification radius should stand at 1,000 feet on zoning variances and redevelopment when it comes to non-residential projects.
“I’d like to ask the board to maintain a high priority commitment to the 81,500-plus residents who live in that mix and enjoy living here. Residents care about preserving neighborhood character and protecting it from potential negative impacts,” Fox said. “Notification distance of 1,000 feet allows for greater transparency and the opportunity for resident feedback early on in the process where the town’s review boards need it.”
Resident Lonnie Clar, of Cliff Top Drive, agreed the distance should be 1,000 feet. He said he doesn’t believe the cost to developers would be that much more when compared to 500 feet. Also, he said if people who were notified within 1,000 feet wanted to respond to proposed projects, it could be beneficial.
“(If) people do object (to a project), that’s the time to hear it. At least people can’t say they never knew,” Clar said. “I don’t see any real downside to making the notification 1,000 feet for a large project. It’s the large projects we’re concerned about.”
Colonie Director of Planning and Economic Development Joe LaCivita said he wants to answer the concerns of residents but isn’t sure how developers of major projects will feel about a 1,000 feet notification requirement.
“What I’m concerned about is when you see a developer now having to do … 1,000 feet … that’s an encumbrance. We’re very fortunate because we’re between two major hubs right now, SUNY Albany and Global Foundries, and we have a lot to offer here,” LaCivita said.
LaCivita added that while codifying a law is a “courtesy,” he said there are other ways that the town can do notifications, suggesting an electronic notification.
“It’s a town-wide approach. That’s the way we should be looking and go from there,” LaCivita said.
Howard Carr, of Cherry Tree Road, said he’s been a resident of Colonie for 40 years and works in the development community.
“I’ve done a lot of projects in this town and I can tell you there’s never been a problem with notice. To think about that someone is going to convert a one-family residence to a two-family residence and have to notify 1,000 feet out is just not realistic in terms of the economics that go into something like that,” he said. “I think you need to take that into consideration.”
He added that the state’s environmental review regulations already have a substantial notification requirement “that’s a burden on whoever undertakes a project.”
The Town Board scheduled a second public hearing on the matter will be held on Thursday, April 11, at 7 p.m. at Colonie Town Hall, before the regularly scheduled Town Board meeting.