To the Editor:
We are writing to voice our concerns, once again regarding the Guilderland Zoning Board of Appeals and its decision-making abilities or lack thereof. If you attended or watched the ZBA meeting last Wednesday, you would have seen the chairman at his most misguided. Specifically, we are referring to the sign issue for the Town Center Shopping Center owned by the Wolanin Corporation.

The attorney for the Wolanin Corporation/Town Center at 1704 Western Ave. filed an amendment to the original application for a sign permit that was approved in 2020, two years ago. As this electronic sign was intended specifically to function as a directory, there were limitations set forth regarding what could be displayed and when.

Mr. Hacker, representing this group, completed a new-sign permit request with the added statement that this was an application to amend the sign permit originally granted in 2020. Specifically, he wanted two items removed from the permit: one was that the words that are displayed match the approved signs that are on the buildings, and that the signage will only display the business during the business hours of operation.

Mr. Hacker cited several court cases saying that these violate free speech. As was noted by Ms. [Elizabeth] Lott of the board, this was meant to be a directory sign only; by definition, there is no arguable content, just the names of the businesses in the plaza.

How can you amend a permit that was approved two years ago without a public hearing? This would be a new sign. This violates town code as it clearly states that all amendments must be made prior to the project completion!

Mr. [Chairman Thomas] Remmert stated that there are six restrictions and that he had done quite a bit of research on digital signs back when they were first proposed. He stated that the town may restrict size, placement “things like that,” but “can’t regulate content,” and that it would not hold up in court under a 1st Amendment challenge. 

He went on to say that they would modify the conditions that would replace hours of business operation to one overall period, i.e.: 6:00 a.m. to 11:00 p.m. He went on to further state that, since the properties were all zoned as a PUD [planned unit development], it didn’t matter and that the signage for advertising the apartment rental properties at 1700 Western wouldn’t be a problem.

Excuse me, Mr. Remmert, but it is a problem. It is a huge problem! First, the apartments down at the Designer Luxury Apartments at 1700 Western Avenue is zoned as a PUD. The Shopping Center at Town Center is zoned as Local Business.

They are both separate parcels and owned by two different entities, although under the Wolanin Corporation. The parcels are taxed differently, and there has been absolutely nothing to indicate that this shopping center was ever zoned as a PUD.

Second, Route 20 through Guilderland is known as a New York State Primary Highway Route. This means that it is maintained by the NYS Department of Transportation. NYS DOT is responsible for the maintenance of this road as well as monitoring certain signage.

The signage at this property is not in compliance with the DOT guidelines as it is considered off-premises signage which is not allowed according to DOT. As far as the cases that Mr. Hacker cites, they are specific to advertising signs, which Guilderland does not allow.

This is a directional sign, meaning that tells you what businesses are in the plaza. As a town, we absolutely do have the right to spell out what businesses can have on their signage for their businesses. 

Third, the Designer Apartments have their own entrance on Route 20 (Western Avenue). On that monument sign, is another sign that states apartments are for rent. That sign is totally appropriate as it is on-premise signage which is allowed by DOT.  This sign should suffice rather than off-premise advertising, which this is.

We would suggest that you read up on your responsibilities and familiarize yourself with what our town code says. At this time, you are advocating for violating the town code by allowing advertising for a non-premise business and making changes to a permit that is not under construction.

Robyn Gray

Guilderland Coalition

for Responsible Growth