GUILDERLAND — A flooring and tub-replacement business will be able to operate in densely-populated Western McKownville, near the Albany city line.

Revoking and annulling all special-use permits on the property, at 1434 Western Ave., the town’s zoning board upheld the its non-conforming use for the new occupants.
After two previous public hearings, the zoning board on May 2 made the decision-only vote. Owner Kent Hansen had made the request for interpretation of the law. Chairman Peter Barber recused himself from the vote "because of a matter" in which he said he is involved with Hanson’s lawyer, Matthew Clyne.

Board member Charles Klaer chaired the vote.

The 6-0 vote allows Hansen Flooring LLC and Sparkling John’s Tub Replacement to operate a showroom, warehouse, office, storage space, and wholesale and retail business on the 10,080-square-foot property.
The reasoning for allowing the use, according to Klaer, is because the property’s previous occupants were similar businesses. They sold heating, ventilating, and air-conditioning equipment and electrical fixtures, as well conduit and heating elements, "well prior to the enactment of the current zoning laws," Klaer said.
"The board finds they are substantially the same in nature," said Klaer as he explained the decision, defining the businesses as "rehab and repair construction" companies.

The area is zoned Business Non-Retail Professional, which includes dentist and law offices, but not retail business. However, under the property’s pre-existing non-conforming use status, similar businesses can lawfully operate on the property, according to the town’s code.
The property owner’s, and its leasing tenants, have to, among other things: maintain all fences along its borders; only operate between the hours of 7:30 a.m. and 5 p.m. during weekdays and 10 a.m. and 5 p.m. on Saturdays; submit a garbage and snow-removal plan; and submit an ingress and egress plan "which does not involve the honking of cars."
The board said it has the right to revisit the decision if any regulation is not in compliance and also discussed the possibility of not allowing left-hand turns from the property onto "busy Western Avenue."

Other business

In other business, the zoning board unanimously:

— Amended a special-use permit for Michelle Muia to add 783 square feet of new space to her business, Hamilton House Antiques, on 2261 Western Ave.;
— Granted an area variance for Dr. Edward Becker, a veterinarian, to build an "accessory structure" at 2 Rocking Horse Ln., with walls that are taller than 15 feet;

— Tabled an area variance request of Anna and Paolo Califano to build two storage shed units and a pool on the side yard of their 22 Brookview Ave. home;

— Granted a special-use permit and an area variance to Connie Below to build an 890-square-foot in-law apartment inside of her single-family home at 31 North Bridge St. The maximum size of an in-law apartment allowed by code is 750 square feet;

— Approved a special-use permit for Teresa Carciobolo to build an apartment inside of a one-family unit at 1 Ardsley Rd.; and

— Approved an area variance for Jasmin Cummings to build an above-ground pool at her 44 Fliegel Ave. home.