Town Board Approves Rear Entrance To Proposed Aldi
by Doug La Rocque
In February, the Brunswick Planning Board asked the Town Board to rule on the legality of developer David Leon’s request to construct a rear entrance to his proposed Aldi, Wendy’s and Kentucky Fried Chicken development, located on either side of the Planet Fitness building on Hoosick Road (NYS Route 7).The legal part of the issue involves the plans to use a Town of Brunswick paper road, known as Ferdinand Avenue, as part of this road construction. Were they allowed to do that? The result was hours and hours of research by town attorneys Tom Cioffi and in particular, Andy Gilchrist.
Mr. Gilchrist discovered that the land in question was part of a map identified as Sycaway Terrace Annex. Filed with the Rensselaer County Clerk’s office in July of 1909. In 1953 a deed to Ferdinand Avenue, along with several other roadways in this area, was offered to the town if the land was dedicated for public use. At that time the Town Board, by resolution, took title to these lands under the stipulated conditions. Since that resolution, passed nearly 68 years ago, has never been rescinded or even modified. The conclusion of the two attorneys was Mr. Leon’s proposed use was indeed legal, provided he turns the constructed roadway back over to Brunswick, which is part of his site plan application.
When the roadway plan was first announced, it was met with some very vocal opposition from residents in that area who felt it was unneeded, would create too much traffic and was there to facilitate plans to re-introduce a proposed 202 unit apartment complex on land in the rear of the Aldi complex. Mr. Leon’s engineer for the project, Jamie Easton, countered it was part of an interconnectivity plan that the New York State Department of Transportation (DOT) required to consider placing a new traffic light on Hoosick Road at the junction with Lord Avenue. Aldi has been adamant that it will not construct a store without a traffic device. In fact, approval of such construction several years ago by the planners never materialized because DOT would not approve the traffic light at that time. That approval has since expired, hence the new site plan request.
Debate, Approval And Conditions
In a resolution approved at a special Town Board meeting on Thursday, February 25, Town Board members gave formal permission for the road construction, provided it meets all environmental and Planning Board conditions, with a few conditions of their own. Notably, the road must be “limited in width and limited to one way travel in a westerly direction.” The board also rejected any plans to lay utility lines along the road, presumably to discourage any further development in the area, i.e. the apartment complex, which was vehemently opposed.
The vote to adopt the resolution was 4 to 1, with Councilman Mark Cipperly casting the only nay vote. Speaking to The Eastwick Press, Mr. Cipperly made it clear he was not opposed to the Aldi complex, just the road. He feared it might be seen as a rubber stamp vote, and agreed with the residents in the area that it was not needed. In fact, he noted there was already some interconnectivity using Goodman Avenue (near the Market 32 complex) to make a left turn onto Hoosick Road with a traffic signal’s help.
Will The Road Even Come To Pass?
Attorney Gilchrist had a conversation with DOT about the Lord Avenue traffic device and received written correspondence from the agency that said it would indeed approve the traffic light, if the rear entranceway was built allowing residents from the rear neighborhood to access Hoosick Road through the Aldi complex and out to the traffic light. Here is the ever present kicker, however. Another supermarket, now identified as Hannaford, is proposed for across Hoosick Road, off Lord Avenue. It is in the very preliminary stages of the review process.
DOT stated in its letter that if this second supermarket were to indeed be constructed, it would approve the traffic light at Lord Avenue without the construction of the rear entrance into the Aldi complex.
Just prior to the board’s vote, Mr. Easton rose to say that on behalf of the developer, they had no problem with the limits placed on the size and traffic flow on their proposed road, and indeed would also remove any utility line construction from their plans. He then said Mr. Leon would not mind even removing the road’s construction from his plans completely, if the second supermarket were to go in and DOT approving the traffic light under that condition. It is estimated the road construction would cost nearly $1 million and would be the last part of the Aldi complex to be constructed. That being the case, it could open a window for the second supermarket’s approval before road construction was to commence, meaning it might not possibly be built at all.
The developer for the Lord Avenue market is on the planning board’s agenda for Thursday, March 4, at which time they previously indicated they would reveal more about their Hannaford proposal.
While there is no apparent effort to deceive it is still “a tangled web we weave.”