The Town of Colonie Zoning Board voted to not rezone the property next to the Memory Garden where Afrim Nezaj hoped to build a sports complex.
On Thursday, March 6, after seven months of deliberation, the zoning board voted against the rezone, saying it didn’t meet the requirements needed for the board to reclassify it.
“I’m very disappointed because the things that seem to have been emotional, things that were important to Memory Gardens, it seems every one of those on the board were happy. We weren’t going to be noisy, the topography of the land was perfect for the use, they liked the use and they wouldn’t change the neighborhood. They went through those three points, and the one point I thought was the least important — the uniqueness of the land — that’s what tied their hands,” said Nezaj.
Afrim’s Sports, Inc., which is owned by Nezaj, applied to have property Nezaj hoped to purchase at 969 Watervliet Shaker Road rezoned to an amusement area. Currently it is classified commercial office, which does not allow for Nezaj to build a proposed sports complex that would include an 86,865-square-foot dome, four soccer fields, a 3,400-square-foot multi-use building and a parking lot with 377 parking spaces.
Of the four criteria that the complex had to meet to for the zoning board to approve the reclassification, the board only agreed on one. The board agreed five to one that the project would not alter the character of the neighborhood. The other three requirements were that Nezaj had to prove there is an issue of hardship, the property is unique and they could not get a reasonable return on the property. The board voted unanimously on the three decisions.
“The concept and the idea of this and what it could do for the students, the children and adults in the community has a place. I think that’s a great idea,” said board member David Rosenthal. “Our hands are tied with it. I wish we could go through with it.”
Memory Gardens has strongly opposed to the project since the beginning, saying it would be noisy and ruin the serenity of the park.
“I want to thank the members of the zoning board. I think they did a very good job. They had a very difficult task in front of them, and I think they made the right decision. They have laws in place, and the law did prevail,” said Cheryl Rebhan, president of the Memory Gardens Board of Directors.
One of the main issues that concerned Memory Gardens officials and supporters was noise. In an attempt to ease the noise concerns, Nezaj hired Chazen Companies to test the sound levels at various spots at the Rotterdam soccer facility while five youth games were being played. Those recordings found the decibel levels were all below the normal level of conversation, which is 60.0 to 65 decibels.
Rebhan said Memory Gardens is a peaceful place and would like the property next to it to remain peaceful.
“Memory Gardens is a very peaceful and serene place. People come there to visit to their loved ones because it’s peaceful, to mediate, talk to their loved ones, there’s even been a wedding at a gravesite. Artists come to paint, so it’s a very unique park. So, I’m just glad we’re not going to see it altered,” said Rebhan.
The board also said if Nezaj were building four domes on the property, it wouldn’t be an issue. But since the outdoor soccer fields would need to be classified as an amusement area, which is not one of the uses authorized, they could not rezone the property.
Although Nezaj was not successful in this attempt to have the property reclassified, he said he hasn’t given up his plans yet.
“I don’t know if there was a door open for them to possibly change the law,” said Nezaj. “You can do a golf course but you can’t do outdoor fields? That’s kind of odd. I could build three domes there, but I can’t build an outdoor field. That’s odd. I don’t know where you go to change that. Do I go to (Town Supervisor) Paula Mahan? If I can find a way to change it, I’ll do anything to build these fields because it’s needed. If there’s a way to get that changed, I’ll do it.”
