Afrim Nezaj will once again go before the Colonie zoning board to get approval for a proposed soccer complex on
Watervliet Shaker Road, a site adjacent to the Memory Gardens cemetery, and a change in the process makes it more likely he will succeed this time.
His proposal initially met with some resistance earlier this year, with opponents turning out at public hearings to say the noise from the complex would disrupt the serenity of the cemetery. The planning board ultimately turned down Nezaj’s request for a zoning variance earlier this year, even though many members said they approved of the project.
In May, the Town Board passed a resolution removing some of the hurdles facing entrepreneurs looking to open up shop in Colonie, and on Thursday, Aug. 21, Nezaj will go before the zoning board to apply for a special use permit that will allow him to build the four soccer fields and an 86,865-square-foot-dome at 969 Watervliet Shaker Road site he first proposed.
Nezaj said he is optimistic that this time the proposal will go through.
“I feel like it’s the right project for the location,” said Nezaj. “I feel good that the town has put special use permits in more locations. They have made it easier for the board to evaluate projects on merit and how they fit. Before, you had to prove uniqueness of land.”
Previously, if a person wanted to open a business in a place that wasn’t zoned for business, they would have to go through the process of getting that zone reclassified. Now, if that business meets qualifications for a special use permit and the zoning board deems it an acceptable use, it will be able to move on to the next step of the process.
In earlier discussions about the change, Joe LaCivita, director of planning and economic development for Colonie, explained the reasoning behind the resolution.
“One of the reasons it was changed was because the town really started looking at the use variance process. One of the key components of the use variance is they really have to show a financial hardship,” said LaCivita. “You had to exhaust all the permitted uses in a zone in order to make a project feasible. In doing so, it also takes out what I’m going to say is the ‘common sense’ development: Does a project fit? Does it make sense to do that? That’s why I think the special use permit is a great option.”
Previously, in order to get an area rezoned, the developer had to prove the project would not alter the character of the neighborhood, that there was a financial hardship and there could not be a reasonable return on the sale of the property, and that the property was unique. This made it very difficult for the town to allow projects outside of areas like Wolf Road or along Central Avenue.
Although the soccer complex proposal initially met with resistance from Memory Gardens board members and other opponents worried about the noise and traffic, studies were conducted on noise levels, and the results suggested the impact of would be minimal.
As the project comes back before the zoning board, the board of directors at Memory Gardens released a statement expressing their concerns.
“We are aware that the Afrim’s soccer complex project proposed for the lands adjacent to Memory Gardens is now a permitted use for that tract. The Memory Gardens board of directors continue to believe this is the wrong location for an otherwise worthy project. We remain concerned that the boisterous sounds of children playing soccer outdoors will inappropriately intrude upon the solemnity of burial services and the solitude of families grieving for lost loved ones in the adjacent gardens. We are hopeful that the Town of Colonie Planning Board will consider these concerns as the project moves forward and require the inclusion of appropriate mitigation in the final plans,” wrote the directors.
Even though the soccer complex is now considered a permitted use for the land, the board has the ability to deny a project if it feels the complex will negatively impact the character of the neighborhood.
The Zoning Board Meeting takes place Thursday, Aug. 21, at 7 p.m. at the town Public Operations Center located at 347 Old Niskayuna Road in Latham.