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Image provided by: Guilderland Public Library
fmm. The Aliamont Enterprite - Thuraday, February 1,2001 By William Marley Leight BERNE — Like a rock star he moved down the hallway, as the sound of the chanting grew louder. He took a couple of deep breaths and entered the room \We want the rat,\ the crowd chanted. \We want the rat.\ 'It must be hot in there.' Rowdy the River Rat stood at the front of the Berne elemen- tary cafeteria. Students gobbled down trays of cheese pizza and fruit cocktail as the rat worked the room. The mascot for Albany's minor league hockey team seemed at ease with the large group of excited children. Rowdy moved from table to table, shaking hands and signing autographs on napkins with a felt-tipped marker. Scores of beaming children surrounded him — eventually forming a line that stretched the length of the cafeteria. The Enterprise — William Marley Leight Rowdy the River Rat signed autographs for Berne-Knox-Westerlo students on Monday. Unlike Berne-Knox-Westerlo's bulldog mascot, the rat is not cooled inside his suit by ice packs. Cafeteria workers ex- pressed sympathy for the man inside the rat costume. \It must . be hot in there,\ one said. This was all in a day's work for the unnamed River Rats in- tern sealed in the costume, ac- cording to Robert Pattison, a communications director for the Albany River Rats. Pattison stood several feet away from the rat, visiting with cafeteria aids. Citizens sue to stop McDonald's By Lynn Rothenberg GUILDERLAND — Citizens have sued to overturn a contro- versial decision made by the zon- ing board here to allow a Mc- Donald's drive-through restau- rant on Route 20 between the 20 Mall and Regency Park Apart- ments. The suit was filed Monday in the state Supreme Court by FORCE (Friends Organized for Responsible Community Ex- pansion) and three Regency Park residents: Jamie Malcolm, Richard Chady, and Jane Schlick. (FORCE was originally formed by citizens who were op- posed to the Crossgates Mall ex- pansion, which it helped to stop.) They seek to overturn a use variance and a negative envi- ronmental declaration, and they want a permanent injunction so McDonald's cannot proceed with construction, said their lawyer, Robert Feller of Feller and Fer- rentino, an Albany law firm. Granting a stay would prohibit any construction while the suit is pending, Feller said. Supervisor Kenneth Runion had suggested the town board sue the zoning board in Septem- ber, when it hastily approved the variance, but the town backed off when the zoning board agreed to a re-hearing. In Jan- uary, the zoning board, in a 4-3 vote, split along party lines, gave the plan a go-ahead. State Law requires four con- ditions be met for a use variance. The suit says McDonald's did not show that it could no^otherwise realize a reasonable return on its investment. \It's clear this is a self-created hardship situation,\ Feller said. \It upsets the whole scheme of land use,\ he said, referring to the easy granting of this particu- lar use variance. It was applied for and approved the same night, on Sept. 20. The variance was granted Enterprise on air The Enterprise is'read on a closed-circuit radio broadcast for the visually impaired every Monday at 6:30 p.m. A special receiver is needed. Call RISE at 357-1700. despite advice by the zoning board's attorney, Norah Murphy, and Chairman Peter Barber, also an attorney. \There was clear legal advice that this was not the way to go. Despite the legal advice, they went ahead and did it,\ Feller concluded. Barber, the only one to vote against the use variance on Sept. 20, was at the time the only Democrat on the board. Additionally, Lia was aware of difficulties that previous own- ers of the site had had in developing the property, Feller said. \He bought the property on speculation,\ he said. Use variances are granted only in extreme circumstances, according to Feller. \It upsets the whole scheme of land use\ if they are given freely, he said. Many states prohibit the vari- 'It upsets the whole scheme of land use.' Wednesday afternoon, accord- ing to Zee. He said he could not comment on the suit since he had yet to see the charges. Feller told The Enterprise that Cropsey did not do anything wrong, but he is being served to prevent the issuance of a build- ing permit to McDonald's. Feller • said it is likely this case will be removed to the appellate division — the middle level in New York's three-tiered system — due to the substantial amount of evidence. In addition, Feller is asking the zoning board to pay costs of the action, which includes filing fees, not attorney fees. The statue provides for this type of relief, Feller said, when the board has \acted in a grossly negligent Feller described William Lia, the owner of the two-acre parcel as a sophisticated investor. Courts are more likely to be for- giving with new and inexperi- enced investors rather than sea- soned ones like Lia, said Feller. The zoning restrictions were in effect when Lia purchased the property, and he knew about them, Feller said. Historically, these two factors have been fatal to any use variance that has been granted, since they demonstrate self-created hardship, Feller said. \If_you make a bad invest- ment, the zoning board is not supposed to be there to bail you out,\ Feller said. \The use Lia is asking for is prohibited, and he knew it going in.\ ance, and New York allows it only under very stringent condi- tions. The law requires a dollars- and-cents quantitative analysis for other uses, and, according to Feller, that was not done on Sept. 20 when the zoning board granted the variance to McDon- ald's. The first court date is Feb. 9. The case will probably take a few months, according to Feller. He has filed an \order to show cause,\ which he said is an accel- erated procedure. The suit will be served on Lia, McDonald's, the zoning board, and Guilder- land Building Superintendent Donald Cropsey. Neither Donald Zee, the at- torney for McDonald's, William Lia nor the zoning board had been served with papers as of Experience and Skill... Hugh D. Robert* Biota/Owner .. .that can benefit you. For advice on selling a home or any real estate need call 450-1395 txt.223 H Roberts Real Estate As Pattison laughed and listened to their stories he kept a close eye on his watch — the rat. \The rat used to have whiskers,\ said Pattison. \They where this long,\ he said holding his hands a foot apart, \and made of rubber. Children pulled them out,\ he said. The whiskeriess rat continued greeting children. Pattison talked about the indignities that the rat has endured. He said that children poke and pull at the cos- tume. \They can beat on him,\ said Pattison. Perhaps this is why \the people who skate in the costume at hockey games don't do the school visits. \It's not usually the interns favorite job,\ said Pattison. The rat was not abused on his visit to BKW. One little girl ran to the front of the line and placed a granola bar in a shiny wrapper in front of the rat. He picked it up with large furry hands and turned fronvthe line of children. 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