Saratoga Springs board denies Stewart Shops fueling station appeal due to zoning noncompliance

The Saratoga Springs Zoning Board of Appeals convened on July 14, 2025, to discuss a significant appeal from Stewart Shops Corporation regarding the redevelopment of a property located at 3133 Marion Avenue. The meeting focused on the implications of zoning ordinances related to the construction of a new convenience store and vehicle fueling station on the site, which has a history of being a fueling station for over 55 years.

The board addressed the complexities surrounding the property, which was previously divided into three separate parcels before being merged into one. This merger has raised questions about the applicability of zoning regulations, particularly concerning the required setbacks from residential districts. According to the zoning ordinance, no property line associated with a vehicle fueling station should be located within 250 feet of an abutting residential district. The board's discussion highlighted that the proposed project does not comply with this requirement, as the new property boundaries place the fueling station within the restricted distance.

A key point raised during the meeting was the concept of "continuous use" for grandfathering rights under New York State law. Board members expressed concerns about setting a precedent if the appeal were granted, emphasizing that the lack of continuous use over the past 55 years disqualifies the property from such exemptions. The board underscored the importance of adhering to current zoning laws, which are designed to protect the character and safety of the surrounding community.

The board ultimately upheld the building inspector's determination that the project requires an area variance due to its non-compliance with the zoning ordinance. The proposed variances include significant reductions in front and rear setbacks for the convenience store and fueling station, with some requests exceeding 90% of the required distances. Neighbors voiced their objections, particularly regarding the substantial front setback variance, arguing that it was self-imposed by the applicant's desire for a larger store.

In conclusion, the board's decision to uphold the zoning inspector's ruling reflects a commitment to maintaining zoning integrity and community standards. The next steps for Stewart Shops Corporation will involve seeking the necessary variances to proceed with their development plans, while also addressing community concerns about the impact on the neighborhood.