GUILDERLAND — The urge for burgers never sleeps.

Customers will be able to get fast-food 24 hours a day at the 1602 Western Ave. McDonald’s without ever leaving their cars.

The zoning board last Wednesday unanimously approved amending McDonald’s special-use permit to operate its drive-through window, with the stipulation that the board could rescind or review the amendment should noise or complaints become an issue.

Forty-two neighboring property owners were notified of the pending amendment.

Anthony Russo represented Doug Arnott who has been the franchise operator since 1988.
"There was a Denny’s operating 24 hours in the area, but now there is no place for kids to get a bite to eat after hours," Russo told the board. "There are a number of businesses in the area that are already open 24 hours"People don’t have normal business hours anymore."
Russo explained that the University at Albany is asking local businesses to participate with its "debit swipe-cards." The cards can be used as part of a student’s meal plan through the university, but can also be used at other participating businesses off-campus, which are then reimbursed by the university for food services.

He continued, saying that the McDonald’s corporation is pushing all of its franchisees to operate 24 hours a day, and that the more money each owner makes for the corporation, the more money the owner makes in return. The restaurant is only trying to remain competitive, he said.

Russo also told the board that Arnott’s lease with McDonald’s was coming up for renewal soon and that his client has to be in full compliance with corporate mandates.
"Is there a possible way to turn down the drive-through speaker"" Chairman Peter Barber asked Arnott. "What may be an appropriate volume at noon may not be at 3 a.m."

Arnott responded that the speaker is adjustable and could be turned down at night.

Donald Cropsey, the town’s zoning administrator, stated that there were no outstanding complaints against McDonalds’ and he was satisfied with its current landscaping.
Board member James Sumner said he was concerned with noise at the early hours because people live nearby and he was also concerned about three or four cars having a "3 a.m. rendezvous in the parking lot."

Arnott said that the Guilderland Police would be contacted about any after-hours loitering.
"My major concern is the congregation of college kids," said a woman who identified herself as owning an apartment at 539 Church Rd., which is directly behind McDonald’s. "I just don’t think it’s necessary to be open 24 hours."

Her neighbor agreed.
"The drive-through does make a lot of noise. You can hear it inside of the house," she told the board. "I don’t think having a place for college kids to eat after they’ve been drinking is a good idea. They will definitely congregate there"I am totally opposed to a 24-hour drive-through.

Russo said that having a 24-hour operation will actually help control late-night problems.
"At least there will be someone on-site to call the police at night instead of leaving it up to the neighbors," Russo said. "This isn’t a trend that is going to leave Guilderland."

Arnott reiterated that the police will be called if there are problems.

Barber suggested that Arnott close off the overflow parking lot connected to Church Road to eliminate late-night parking spots, but Cropsey explained that there are no left-hand turns allowed onto Western Avenue from the McDonald’s drive-through.
"There were a lot of problems with Denny’s at three, four, and five in the morning with noise and congregating. There was a lot of activity," Cropsey said.
The two residents at the meeting also complained about diesel trucks "running all night long," and about gaps in the McDonald’s fence large enough for small children to fit through.

Barber told the women that, if there are any issues with noise or safety with the extended hours at McDonald’s, they should call Cropsey. He added that the amended special-use permit could be rescinded if it is a problem.

Arnott said his lighting plan will not change; the lights currently run 24 hours a day because of security problems. Last year, all of McDonald’s landscaping plants in the back of the restaurant were stolen, according to Arnott.
"I have a problem with a corporate franchise from some other city in middle-town America"who suddenly decides Guilderland has to be the city that never sleeps, and everyone has to do it," board member Charles Klaer told his colleagues.

Dog and Pony show

The board also approved a special-use permit for Martha Masters to operate horse stables on a 60-acre farm at 7296 Route 158. Masters asked to stable 35 to 40 horses, but told the board that she is currently planning on only having eight or nine horses.

She also told the board that she applied to the town of Rotterdam’s program to bring municipal water across the road. Masters said she’ll pay Rotterdam to hook into the system and pay for the water she needs for her horses, and that water would not be an issue. This will quell neighbors’ concerns about water conservation, she said.

Currently, residents in the area rely on private wells for their water supply.
"I don’t want to wake up one morning and look outside and see the wild west," one concerned neighbor told the board. He said he heard that Masters wanted 60 or more horses on the property, which Masters denied. People will be allowed to ride horses at Masters’s farm.
"Agricultural controls have sound business practices"people aren’t allowed to over-use the land," Barber told the concerned neighbor. "In many ways, the sound agricultural practices are in of themselves limiting," he said;
— Scheduled a "vote only" meeting for Oct. 18, for Roger Carr’s special-use permit and area variance to have a dog kennel at his 6588 Route 158 home. Currently Carr owns five dogs, one of which is 15 years old and in poor health; town code states that anyone owning more than three dogs must obtain a kennel license to shelter them.
Neighbors were angry with what they called "extremely excessive barking" from three bloodhound hunting dogs in Carr’s backyard in an enclosed kennel. The two neighbors who spoke at the meeting said the barking dogs were ruining the neighborhood’s quality of life; they pleaded with the board that they "just wanted their neighborhood back."
Carr told the board that his dogs were being harassed daily by passers-by throwing rocks and rattling the cages, and that one of his "$5,000 champion hunting dogs was stabbed in the side" with some kind of sharp object. He currently has special collars on the dogs to prevent barking, he said.
"I’m not accusing anyone; I will let the cameras do the talking"and charges will be filed," Carr told the board when he was asked if one of the complaining neighbors was responsible for harming the animals.
Barber said that the kennel would have to be 300 feet from any residence in order to be approved. Cropsey responded to Barber, saying that there "was no way the kennel could get 300 feet from any spot on that property." They then agreed to measure the distance before their vote-only meeting.

Resident Sue Green, who is active in Guilderhaven, a not-for-profit group that helps animals in town, suggested to Carr that he move the dogs to his parents’ property on Becker Road, which would be much more than 300 feet away from the nearest residence and close enough to visit each day.
Green described bark-preventing collars on hunting dogs as "horrible."

Other business

In other business, the zoning board unanimously:

— Approved a special-use permit and a 47.5-square-foot sign for Frank and Randi Dessingue for their Planet Beach tanning and spa business at 1800 Western Ave. in Cosmos Plaza. The Dessingues are opening a tanning and spa business at the former jewelry shop on the corner of the plaza;

— Approved a 33.2-square-foot sign for Connie Ware at her Italian restaurant at 2026 Western Ave. The restaurant is currently under reconstruction at the site of the former Pheobe’s Florist; it was at the center of re-zoning controversy earlier this year; and
— Approved two temporary banners for seasonal events at Stuyvesant Plaza. Barber told Cropsey he would like to "look into temporary banners becoming semi-permanent banners," referring to some businesses’ frequent applications for temporary banners.