Town planners have clashed with developers of a proposed Cumberland Farms at a busy intersection, but a compromise was reached to allow for the rezone.
The Guilderland Planning Board on Wednesday, Nov. 12, gave a positive, if somewhat hesitant, recommendation to the Town Board on the proposed rezone of 2444 Western Ave. from local business to general business. Tri-Way Services is seeking to build a Cumberland Farms gas station on the vacant land across the intersection from Stewart’s, but the potential traffic impact has led to lengthy debates. The primary contention has been the placement of the sole proposed driveway to Western Avenue, particularly left turns entering the property.
While rezoning the property is a town decision, the state Department of Transportation must approve any proposed driveways onto the two state-owned roads the property abuts.
David Kahlbaugh, of CHA Consulting, said the Western Avenue access is proposed to be restricted to right-turn exits only, with no entrance restrictions, in response to concerns of DOT and town officials.
“The location for the Western Avenue access involves considerations of the operations and safety along Western Avenue as well as the shared access on-site circulation for the two Tri-Way Services properties,” Kahlbaugh said in his letter to the town. “Our investigations of queuing, gaps and sight distance shows that the current proposed location of the driveway gives appropriate consideration to all of these factors, and represents the best solution to balance all of these access, safety and operational issues.”
DOT Regional Traffic Engineer Mark Kennedy wrote the town a letter responding to changes CHA, the project engineers, have taken from the state’s original recommendations.
Kennedy contended there is not enough evidence to conclude the Western Avenue access has been “optimized from the perspective of traffic operations and safety.” DOT again recommended location the driveway further east, away from the intersection, because there would be less potential for negative traffic implications.
In an untypical move, the DOT said it would allow the access as CHA proposed, but conditioned it to an “after-evaluation” two years after opening. If the DOT found mitigation measures were needed, up to eliminating left turn entrances from Western Avenue, Tri-Way Services would be required to make any such changes.
Planning Board Chairman Stephen Feeney proposed memorializing the DOT’s condition in its positive recommendation, but developers clashed over whether it needed to be included.
“It’s specific in their letter,” said Board member Thomas Robert. “That’s DOT’s condition for allowing it.”
Tom Burke, president of Tri-Way Services, Inc., said it’s the company’s position that the driveway is properly located, but they would continue discussions with the board and DOT.
“My sense from the board is, I think, that to move forward with a positive recommendation to the Town Board is that we at least reiterate to some degree DOT’s concerns here … that any rezone is conditioned on what they want to see,” said Feeney.
The board ultimately included the condition in their recommendation.
“To be so specific to say DOT’s condition of this two-year study in your recommendation is not the direction I am hoping to go,” said Stefanie DiLallo Bitter, an attorney representing Tri-Way.
Bruce Sherwin was the only Planning Board member voting against the positive recommendation for the rezone. The Town Board still holds the final approval, but in the past has sided with the recommendation of its planners.
Tri-Way is proposing to build a 4,500-square-foot store, with six pumps each having two dispensers. The local business zoning allows for the convenience store usage, but not gas pumps. The company also owns the adjacent property, which is not being rezoned, where a vacant building sits.
Company representatives have said redevelopment of the adjacent property will be spurred by construction of the new gas station. Town Planner Jan Weston has previously said she was “hesitant” to recommend the rezone without a comprehensive approach to redeveloping the two properties.
Once the property is rezoned to general business, any permitted usage could not be restricted.
