To the Editor:
I am writing to further voice my concerns about how the town of Guilderland conducts its business, specifically that of the zoning board of appeals. Last Wednesday, there was a meeting to discuss the variance requested by a builder on Danielle Drive and a special-use permit for the drive-through at the Dunkin’ Donuts restaurant at the 20 Mall.

Both of these projects were listed as having “public hearings” so that the public could voice their concerns, approvals, etc. In preparation for these meetings, I looked at the file online on the town website. In doing that, I wanted to see what the public hearing notice said that was placed in the newspaper because I did not see it in The Altamont Enterprise the week before.

When I arrived at Town Hall, I asked to see the file because that is where this information is kept. All I saw was a page saying “legal notice,” with a list of about 42 names. There was also a notice dated July 15, 2021 signed by Ms. [Chief Building and Zoning Administrator Jacqueline] Coons that said a public hearing would be held.

Notices for public hearings for things such as variance requests, special-use permits, subdivisions, or site plans need to be placed in newspapers of the town’s choosing at least five days prior to the date of the scheduled hearing. I was told that the ad was placed in the Albany Times Union.

I asked when that was done so I would know where to start looking for the ad. I asked Ms. Coons if she had a copy of the ad and she told me that she did not because the proof comes back with the billing, which wouldn’t be until the end of the month. I asked her when the ad was placed and she told me about July 12, 2021.

When I found the ad, it appeared in the Monday, July 19, 2021 edition of the Albany Times Union. This was two days before the hearing, and certainly not within the constraints of the town code, Section 280-50, A. The town code is congruent with the New York State Town Code, Section 267a,7, which also states that notice must be published in a newspaper five days prior to the date of the hearing. 

I would have to assume that the notice should have been placed in the paper on or before July 15, 2021, which it was not. The paper also publishes a schedule that says all legal notices placed or removed must be done by a particular date. It also says that for proofs, to add an additional day. Looking at the requirements for the paper and that the notice needs to be published by the 15th, add on five to six days prior to that, and the notice should have been sent in prior to when it was.

Let’s fast forward to the actual meeting held on that Wednesday. When I got up to speak, I was asked for name and address, and I gave my name and street address. I did not give my house number, and said that I would not. No one bothered to ask me why.

I have not given this out for any town meetings for the past year or two. Ms. Coons then proceeded to pull up my home address on a map, which also showed my husband’s name. She made a nasty comment that I had given it before.

I said nothing and Mr. [zoning board member Jacob] Crawford asked me to continue, which I did. I said that I wanted to ask a question about notice.

Ms. Coons immediately jumped down my throat, saying that this was not a question-and-answer period. Mr. [planning board Chairman Thomas] Remmert also made some remark that I don’t remember. Please review the video on the town website.  If it is not available for some reason, I can certainly see that you receive one.

I find this behavior on the part of a town employee, specifically that of a department head to be unconscionable on many fronts. I also believe that Ms. Coons did not want to answer my question because she knew what I was going to ask and did not want to admit that she did not ensure that proper notice was given for these hearings.

The town has a code of conduct that all of its employees must adhere to. If you search the town website, you will find specifically what behavior will not be tolerated and what the penalties are for engaging in such behavior.

What Ms. Coons did clearly violates this policy.  She was discriminatory in her behavior toward me by posting my personal information after I had requested to keep part of it private.

In fact, nowhere in any law or procedure does it state that you have to give your address. Just because you are not a town resident does not prevent you from speaking at a public hearing. First Amendment rights, speaking at public hearings, are guarded closely.

Secondly, lashing out in a rude fashion when I was nothing but polite is out of line and warrants attention/action by the town supervisor. We will see what happens, if anything. Although we may not be privy to the information, I would hope that I would get a response to my formal complaint to him regarding this matter.

My final point is this: Why would anyone lash out so inappropriately at a public hearing and prevent a resident from asking a relevant question regarding a matter at hand, violating her First Amendment right to speak at a hearing?

After searching for an answer, I can only think that no one knew she did not provide a timely notice in the paper for these hearings. I don’t know what the remedy is for these hearings that were not conducted per the town code and State Town Law. 

Do they need to be heard again? Are the decisions valid? I just don’t know.

What it does make me think about is: How many other meetings were not posted in a timely fashion?

Government is by and for the people. Public employees — whether federal, state, or local — must adhere to a standard of conduct. Often it can be difficult when you are challenged for not doing your job.

My only response is: Do your job, admit your mistakes, or get out because you are not competent to do what is needed.

Robyn Gray

Guilderland

Editor’s note: Jacqueline Coons did not answer repeated requests for a response.