GUILDERLAND — After several, sometimes heated, meetings, Renaissance Floral and the town’s zoning board have reached a compromise.

The former funeral home at 1561 Western Ave. has had a lawn full of statues — ranging from Greek goddesses to flamingoes. While the zoning board has wrestled with the legalities of the display, the public has debated the aesthetics. Some see it as ugly clutter, others as beautiful decoration.

David Michael Schmidt, who owns the business, has been unanimously granted an amendment to his special-use permit. Schmidt has now agreed to keep most of his outside displays stored behind the building. He is allowed, however, to keep a few statues, birdbaths, and fountains on his lawn.

Schmidt was first granted a special-use permit in 2002 for a flower and decorating business.

Earlier this year, Schmidt was found to be in violation of the conditions of his permit. The permit stated that he was to have no retail items on display outside. However, Schmidt had gathered a large collection of statues and art and had displayed it all in front of and on the side of his building.

Board members before said they thought the property looked cluttered and messy. They worried it was a danger to those traveling on Western Avenue, as drivers might slow down or take their eyes off the road to see the unusual display.

Board members were also upset that some display items blocked Schmidt’s driveway and parking area. They said it was dangerous to customers both outside their cars looking at the items and those driving into the lot.

At each meeting, Schmidt and board members, specifically James Sumner, disagreed on the interpretation of Schmidt’s special-use permit. Schmidt believed it was his right to display some items outside and Sumner said it was not.

In recent meetings, as board members seemed to soften on Schmidt, Sumner said he took offense at Schmidt’s ignoring the conditions of his special-use permit for three years. Sumner said the board should not consider amending the permit.

Last Wednesday, Sumner read language from the permit, which said that, if the permit is not exercised within one year, it is declared to be null, void, and revoked in its entirety.
"Why are we seeing this case if it should be revoked"" Sumner asked.
Chairman Bryan Clenahan and board attorney Peter Barber both said that Schmidt has "exercised" the permit because he did put a flower shop there. Permits are revoked when an applicant does nothing with the site for a year, they said.
"I don’t mind dealing with it, but I think we’re going against our own order," Sumner said.

"Done. Done. Done."

Clenahan proceeded to ask Schmidt about the board’s recent requests — that he install signs directing traffic in and out of the site; that he install a sign prohibiting left turns onto Western Avenue; and that he create a more detailed landscaping and outside-display plan.
"Done. Done. Done," Schmidt said.

He also said that, last Tuesday, he secured a large storage area behind the building and, the day of the meeting, had moved almost all of his display items there.
"By Monday, everything will be out of the way," Schmidt said, as he has before. "The cluttering and the stuff is gone and it’s not going to come back. It’s going to be pretty awesome this spring."

He said he agreed that his lawn didn’t look good before and now he’ll only have a birdbath or fountain outside.

Sumner said he drove by earlier that night and 100 items were outside.
By 7 p.m., Schmidt said, the items were moved. "Jim, you’re going to be very happy," he said to Sumner. "I know you have a hard time believing that right now."

Sumner said many items were under a side porch. Schmidt countered that it is his right to display items there.
"No outside display items..." Sumner read from the law.
"There’s no question the previous special-use permit wasn’t followed; that’s why he’s here," Clenahan said. "I’m not sure there should be much of any retail items on the side porch because of the proximity to the driveway."
"I really am trying to do everything you guys are telling me," Schmidt said.
"I’m concerned about seeing an overflow of retail items again," Clenahan said.

Stores at Stuyvesant Plaza have sale items on the sidewalks there, Schmidt said.

Retail items are to be kept in the back of the property or inside the building, Clenahan said.
"Is the Greek Goddess going anywhere"" asked board member Charles Klaer, referring to a large statue in front of the building.
"No, she’s a piece I own. She’s made in 1848 in Paris," Schmidt said.
"Does she need to be on such a large pedestal"" asked Klaer.
"No," Schmidt replied.

Joe Vandeloo, speaking on behalf of John Vandeloo, who owns property next to the site, was the only person to speak against the amendment. He had complained before about the appearance of the property.
"Mr. Sumner’s comments are well taken in terms of the status of this permit," Vandeloo said. The permit should be revoked, he said.
"What is really going to happen to that site"" Vandeloo asked. "It’s probably like trying to nail Jell-O to the wall."

While he isn’t against Schmidt following his original special-use permit, Vandeloo said, he doesn’t think that will happen.

Sumner told Schmidt that he, too, just wants him to follow the law. He doesn’t want to see him go out of business, he said.
"Valid concerns have been raised and I think they’ve all been addressed," Clenahan said. "It still is an immense improvement to the site than what was there before....A lot of us in 2002 thought it was an asset to the town to see this developed and I think that’s still true."

He then made a motion to approve the amendment, with the condition that no retail display items are allowed in the front.

Each board member, including Sumner, agreed.
"I’m voting in the affirmative with a lump in my throat," Sumner said. "...I hope this doesn’t happen again."