GUILDERLAND — The Across the Street Pub at 240 Western Avenue won’t be adding a deck.

In a rare split vote, four to three, the zoning board last Wednesday denied the pub’s request for a special-use permit. This decision comes after multiple public hearings on the matter.

The three votes for the proposed deck came from board members Susan Marci, Patricia Aikens, and Michael Marcantonio, who were hesitant with their final decisions, as were all seven board members.

The pub’s owner, Michael Ardunini, asked the zoning board for a permit to build a deck with 20 seats and a parking variance of over 50 percent. The four board members who voted against the permit cited parking as the main problem with Ardunini’s proposal.

The decision comes as a victory to many of the residents living on nearby Arcadia Drive, many of whom went to several zoning board meetings to express their concerns. Residents said that patrons at the neighborhood bar take up residential parking spots on Arcadia Drive. Many of the residents do not have driveways to park in, and sometimes they have to park several blocks away from their homes, they said.

Adding more seats to the bar without the proper number of parking spaces would only make the problem worse, residents told zoning board members.

However, Ardunini appealed to the board members, too, saying he was a small business owner just trying to compete with the large corporate bars and restaurants. There are several other restaurants in the area with outside decks.
"Michael Ardunini is a responsible business person," said chairman Peter Barber. Ardunini has also told the board he would understand if it denied the permit and that he will continue to do business on Western Avenue regardless of the outcome.

Before casting his vote, Barber said that nothing could be done to mitigate the impact the expansion would have on residents living in the area. The lack of adequate parking was the most important issue, Barber said, and it was the central reason behind denying the special use permit.

Barber did commend and thank Ardunini for his complete cooperation and consideration with the zoning board during the application process, and he said he sympathized with Ardunini as a struggling businessman.

The sentiment was much the same across the board.

Zoning board member Charles Klaer was very reluctant in his decision as well, but believed the permit should be denied on behalf of the surrounding residents.
Aikens, who voted for the permit, said, "It’s tough, because I go back and forth." She stated that she understands the concerns of both the neighbors and the owner, who, she said, is only trying to run a business.

Other business

In other business, the zoning board:

— Unanimously granted Rose Wood Builders an in-law apartment variance for 41 Jean Place;

— Unanimously granted a special-use permit to Wayne Goodnow, of 31 Ableman Ave., to convert part of his residence into an office for his driving school;

— Discussed with Carlo and Kim Spano their plans to build an ice cream parlor at 1810 Western Ave. Board members were concerned with parking issues and wanted to see a more complete landscape plan.

The issue of 20-foot light posts was also brought, up and the board suggested installing shorter post of 12 to 15 feet. The board will consider the Spano’s updated plans next month: and

— Unanimously granted Leslie Coughtry an in-law apartment variance for a part of her existing 6332 Frenchs Hollow residence. The home is in an agricultural zone and adequate parking is provided.