After a second public hearing Thursday, July 25, the Colonie Town Board voted unanimously to pass a local law that would regulate the expansion and construction of hotels and motels along Central Avenue.
The new legislation will now make the process of trying to expand or rehabilitate existing Central Avenue hotels and motels a burdensome process, town officials said.
Currently, the Route 5 corridor has 22 hotels and motels along a less than 7-mile strip. Three years ago, the town enacted a moratorium to prohibit any new development or renovations of the facilities, which has now been extended through August until the law is officially put in place.
Developers can still apply to either build new hotels and motels or expand their own, but they will have to endure a “rigorous process” by applying for a special use permit, go before the Building Department and then the Planning Board. Each applicant would have to show the Planning Board why the project is needed.
Town Attorney Mike Magguilli has said the Planning Board will also see, first and foremost, if the expansion or development would affect the single-family residential areas nearby. Magguilli added that he hopes with the new law, commercial and retail businesses will step up and fill in the corridor.
However, residents at both public hearings, held July 11 and 25, said they were still extremely concerned about the existing hotels and motels and what would happen to them. Many expressed issues with the buildings, owners and patrons. Although a law was put in place in 2009 regulating the number of convicted sex offenders staying at each establishment, residents have said there were still several sex offenders that bothered nearby neighborhoods. Hotel and motel visitors also tend to live at the motels, partying during late hours, residents said.
Albany County Legislator Christine Benedict, who lives on Reber Street, attended both public hearings and although she is in support of the law, but she said the town is still “missing the mark.” Benedict said she would like to see the establishments operating as the definition of a motel under the land use law as “overnight accommodations for transient people away from their permanent home of residence.”
“I’m not asking them to be closed. I’m pro-business. I’m asking them to operate truly as a motel,” Benedict said.
Benedict said she believes the definition is not being enforced.
“They’re breaking their own law by enabling this to happen,” Benedict said.
Town Supervisor Paula Mahan said Magguilli told Benedict that was “unconstitutional.”
“We can’t break the law. Hopefully she can think about the interpretation from our town attorney and try to understand we’re working within our parameters,” Mahan said. “Certainly if there is anything we can do that is in the parameters of the law, we will look into that. If Ms. Benedict has any suggestions, we would be happy to hear them.”
Mahan said she believes passing this new law will help improve the situation along the Route 5 corridor.
“It’s quite comprehensive, and I think the new law covers the areas of concerns. I am optimistic that it will help to improve the situation,” Mahan said.
She said she felt it was a step in the right direction after putting several measures into place over the past five years with the sex offender law.
“It’s very difficult to resolve the problem 100 percent, but every step that we take is to make a positive impact on the situation and improve things along the corridor,” Mahan said.