COLONIE For those who are not aware, the Colonie Town Board will be voting on a resolution this evening to accept or reject the Planning Board's recommendations regarding the amendment to the Loudon House Planned Development District.
In September, the Planning Board rejected an amendment to Local Law 12, which would have allowed for either apartment or condominium units at the property located near 6 Schuyler Rd. and 151 Menands Rd. The developer was met with heavy criticism as many people believed it would be impossible to fit a 24-unit complex on 2.63 acres of land and also objected to having people renting space as opposed to actually owning it.
After hearing the criticism and the vote from the Planning Board, BCI Construction President and developer of the projected attempted to withdraw his application for an amendment. Colonie Town Attorney Mike Magguilli, though, said that doesn't settle it.
"The Town Board has to act one way or the other," Magguilli said. "If we didn't, then there would be nothing to prevent the developer coming in later and saying they're redoing the application and want the town board to react favorably."
Magguilli said there is nothing in the town's code on how to amend an approved PDD. He said what the town is doing is now following the code sections, which required a public hearing in front of the planning board, which then sends its recommendations to the town board to act on.
"There's no repeal or anything else tonight," he said. "The only thing before the board tonight is accepting or rejecting the recommendation."
The building permit that was issued to BCI to construct the complex has since it was issued. As far as the final site approval that was issued in 2007 to the developers, Magguilli said he is not quite sure where that stands.
"That's an issue we're researching now," he said, "The town code reads that if the developer doesn't take substantial steps in going forward with the project then the approval can expire. The issue then becomes what is a substantial step? Does it have to be continuous? It's an issue that has never come up."