GUILDERLAND — Some small-business owners say they are fed up with what they call unjust and anti-business zoning laws in the town of Guilderland. At the same time, the supervisor says the law is needed to preserve the landscape and maintain traffic safety.
James Ryer, president of Techniconsults Corporation in Cosmos Plaza at 1800 Western Ave., says he has been threatened with citations and a court appearance over a small sandwich-board sign in front of his computer store. In response to what he describes as an "onslaught of threats and harassment," he has founded the Coalition for Guilderland Small Businesses.
The group’s goal is to "discuss some of the issues facing small business owners that affect their growth and profitability," and change the town’s policies on the placement of temporary signs.
"In general, the businesses along Western Avenue are fed up," Ryer said about the town’s strict zoning laws on business signs and other regulations.

Supervisor Kenneth Runion said allowing businesses to put out small temporary signs would be the beginning of a slippery slope where businesses would compete with one another for visibility, and the signs would soon become larger and larger. He also expressed concerns about motorists slowing down to read the small signs and said that a slower traffic flow and possible accidents would be the result.
"Just think what it would look like if every restaurant put out a lunch-special sign"It turns Western Avenue into a mess," Runion told The Enterprise. "The landscape would be obliterated with signage."
Ryer was recently given a citation and then threatened with a court appearance for a small temporary sign he used to advertise weekend computer sales. The sign, he says, has resulted in unprecedented growth, giving his business a $20,000- to $30,000-a-month increase in sales. Ryer said the small sign’s impact was "very dramatic," doubling his business overnight, and that he has the accounting records to prove it.

The increase in revenue allowed Ryer to hire two additional employees, both Guilderland residents, he said, and open a second store with plans for two more in the near future.
Despite all of this, Ryer says that Rodger Stone, the town’s code enforcer, told him, "If you put your sign up again, we’re going to arrest you."

Stone said the problems with Techniconsults’ sign began right after Thanksgiving, and that Ryer’s store and several other businesses were issued citations over sign violations. Stone told The Enterprise he did not tell Ryer he would be arrested, but that he would have to appear in court because he would not take the sign down.
"He’s a good guy"He wasn’t aware of certain signage permits," Stone said about Ryer. Stone explained that the town of Guilderland requires permits for signs.
"I guess the intentions of the zoning laws are good, but we disagree on the way they are enforced," said Ryer about the focus of his new organization. He also added that it took him four months to open his own business because of all the town’s zoning requirements.
"Once the town of Guilderland steps in, you have to do this, this, and then this," said Ryer on his lengthy business opening.

Signs of trouble

Stone says the issue was originally brought to his attention because of a complaint he received about Ryer’s sign, and that he sent Ryer a letter about the matter. According to Stone, the sign remained, so he sent a violation notice, and, after the sign still remained, he then issued a ticket.

The two met to discuss the issue about a week ago. The meeting resulted in Ryer’s citation not being processed, in return for his promise not to use the sign anymore. Stone told The Enterprise the issue had been resolved, but, Ryer says, "Absolutely not."
"It’s been resolved in his [Stone’s] favor, but not for our businesses," Ryer said. In the end, said Ryer, he was forced to remove the sign that he had up every Saturday for six months. He posted the sign — "Dell: 2-day sale" — for eight hours a week and brought in well over $100,000 in extra revenue during that six-month period, Ryer said.
"Look, do you want my business in this town" Do you want my business to be successful"" Ryer asked The Enterprise, referring to his frustration with the town’s zoning board and code enforcement.
The zoning law says, "Temporary signs shall not be attached to fences, trees, utility poles, bridges or traffic signs and shall in no way obstruct or impair vision or traffic in any manner or create a hazard or disturbance to the health and welfare of the general public."
"We are not asking to put up permanent signs," Ryer said.
"The law is the law," Supervisor Runion told The Enterprise. "We have sign regulations that businesses have to follow."

Other problems

"I thought the law is the law," said Nick St. Louis, who owns the Nextel store on the corner of New Karner Road and Route 20 in Guilderland.

St. Louis did not specify who he spoke with, but told The Enterprise that he asked the town why the Guilderland schools are allowed unlimited use of sandwich-board signs along any road, yet businesses are not. He was told the town board does not have jurisdiction over school superintendents, and therefore could not regulate their sign usage.
"They are inconsiderate of the business person, period," St. Louis said about the town’s zoning board. He continued, saying, "We are people just trying to make a living"They don’t care."

St. Louis has had his own business problems with the zoning board. He said the board needs to be more flexible and learn to make an exception every now and then when it comes to someone’s livelihood.

He opened his store right after Thanksgiving, but was not allowed to put up a sign to identify his new business until a week after the new year began, he said. The reason, says St. Louis, is extensive paperwork, getting the proper permits, and having to work around the zoning board’s schedule. St. Louis told The Enterprise that the zoning board "decided" not to meet before Christmas, and the placement of his sign was delayed yet another two weeks.

In lieu of having a sign above his business, St. Louis tried parking his van with a Nextel sign on it in the corner of the parking lot that he shares with the Miyako Japanese Steak House. However, he said, Stone told him he could not keep the van there and also told him to remove a registered trailer that he had on the property.

Stone says St. Louis was delayed because he did not hand in his application on time, and that Stone had to personally drop off an application form to St. Louis after he opened his store.

St. Louis was asked to move his van and trailer, according to Stone, because he tried to use them as a sign for his business without approval from the zoning board.
"Unfortunately, a lot of people simply don’t know town laws"whether through ignorance or a lack of knowledge," Stone said.
According to the town’s zoning law, "Applications for sign permits shall be made, in writing, upon forms provided by the Chief Building Inspector and Zoning Coordinator by the owner, lessee or erector and be accompanied by a scale drawing showing dimensions, proposed design, the legend, color, materials, and structural details."

St. Louis told The Enterprise he knows the law and that, "Somebody has a couple of big heads over there [zoning department]." He added, "I am no pushover."

Peter Barber, chairman of the zoning board, could not be reached for comment.

The new coalition

Ryer said the purpose of his organization is ultimately for small businesses to come together and use strength in numbers in order to voice concerns and feedback to the town board. A collective business panel will be created and feedback from various small businesses will be given, said Ryer, whether the town board wants to hear it or not.
"Many businesses have fought this issue; they fought alone, and they lost," Ryer said.

The organization’s website explains its mission statement, contains information for small-business owners, lists contact numbers, and has a blog-type section were local business owners can voice problems they are having with town regulations that affect their growth or revenues.
One anonymous entry on the website reads, "The town cut my sign down. I had a ‘now hiring’ sign up and they cut it down. It was in the breezeway of my restaurant. How can they do that""
Another reads, "Good luck James. Great initiative. We need the small businesses of this town to unite." Both entries are dated Feb. 18, 2006, and the website’s address is www.forguilderlandbusinesses.com.

Membership for the coalition is free; there are no fees or dues for businesses that participate.

The coalition has a scheduled meeting for April 3 at 7 p.m. at the Techniconsults Computers store. The meeting is open to all business owners, current and prospective, as well as town officials and anyone interested in Guilderland’s small businesses. The coalitions plan is to rotate meeting locations so they are held at a different member’s business each month.

The first meeting will discuss the Guilderland sign codes and how it hinders small businesses progress and growth.