Stewart’s could soon have a competitor at the busy intersection of Western Avenue and Route 146 if Tri-Way Services convinces Guilderland officials to rezone the property.
Tri-Way representatives appeared at the Guilderland Planning Board’s Wednesday, June 11, meeting seeking lot line amendments and a recommendation to the Town Board on rezoning 2444 Western Ave. from local business to general business. The company is seeking to build a Cumberland Farms gas station on the vacant land adjacent to Stewart’s.
Planning Board members unanimously approved amending the lot lines of 2430 and 2444 Western Ave., with the Tri-Way owning the adjoining properties.
“The deeded descriptions don’t match up with what the tax map lines demonstrated, so in an effort to conform and correct the title the lot line adjustment is being proposed,” said attorney Stefanie DiLallo Bitter, representing Tri-Way. “This lot line adjustment is also to support the rezoning application.”
Town Planner Jan Weston said the change would normally be done administratively, but since there was a “big project attached to it,” the lot line amendment came before the board.
The rezone recommendation, however, was tabled until board members heard comments from the state Department of Transportation regarding potential traffic impacts of the more intensive usage. The rezone would affect the 1.35-acre parcel at 2444 Western Ave.
Board members tentatively placed Tri-Way on the agenda for its next meeting on Wednesday, June 25, but stressed a reasonable amount of time would be needed to review DOT comments.
John Haluska, of Lone Pine Road, said he was concerned the “deteriorated” bank building on the property next to Cumberland Farms would not be demolished. Tri-Way does own both properties.
“This building has been here for a very, very long period of time deteriorating probably going back to 2000,” said Haluska. “My concern is if we don’t do anything about this at these particular meetings, we are going to have the same problem in 2024. I don’t think anybody here wants to see that building sitting around as is in 2024.”
Haluska also suggested combining the two lots into one, which would allow for an area as a pad site for possible development.
“That would serve the community a little bit more and much more than what we have now,” he said.
Tom Burke, president of Tri-Way Services, Inc., said the bank building was deteriorated when he purchased the property, and he intends to redevelop the site.
“Our intention is when we get this corner developed … and get Cumberland Farms going, we have interest from people who want to be there, but it is all contingent on the first thing happening,” Burke said. “I want to redevelop the property. I don’t make any money with a vacant lot.”
Bitter, when asked, said the developer was not looking to have one, larger combined lot zoned general business.
Weston said she was “hesitant” to recommend the requested rezone without “a more comprehensive approach and study” of the property.
“While I am not necessarily opposed to a convenience store gas station on this site, there are a number of comments and concerns that should be addressed before the town moves forward on this request,” Weston said.
Once the property is rezoned to general business, any permitted usage could not be restricted. The rezone also can’t be conditioned on what usage will be on the property.
“It is incumbent upon this board to make sure this lot is appropriate for any of those uses and support any of those uses, particularly in traffic,” Weston said.
Bitter said 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 key decision here is the rezone,” Planning Board Chairman Stephen Feeney said. “You would be very hard-pressed to deny the project once it is zoned appropriately.”
Feeney said the board would need to see DOT comments before making any decision because traffic implications are a main concern.
Burke said there are “legitimate” issues to be considered with the project, but they were only seeking approval for the rezone. He said the rezone would be consistent with the “character and nature” of the community.
He did acknowledge the rezone was different from what is described in the Guilderland Hamlet Neighborhood Plan, but said it’s “a living, breathing document.”
“You can’t look at something static and old,” Burke said. “Stewart’s was zoned (general business) and expanded. Residential property was converted into general business.”
Planning Board member Bruce Sherwin took umbrage with Burke’s characterization of the study.
“I don’t think it is proper to kind of write it off as something that can be just ignored because you want something else to happen,” Sherwin said.
Fellow board member Thomas Robert said the traffic patterns at the proposed store would be different from what Stewart’s experiences and has different issues.