Loading...
HomeMy WebLinkAbout20230590 177 S Broadway Demo & Construction Public CommentMaple Ave,Marion Ave,Maple Dell Neighborhood Association Tracy Millis III,President John Iacoponi,Vice President October 23,2023 Members of the Zoning Board of Appeals Cc: Aneisha Samuels-Sanford,Senior Planner City of Saratoga Springs 474 Broadway Saratoga Springs,NY 12866 Re:Project 20230590:177 S Broadway Demo &Construction Given the substantial language changes from the prior Zoning Ordinance to the UDO,and the fact that the UDO is relatively new,many provisions in the UDO are not tested.Decisions made,or not made at this time by the city planning department,zoning officials,and boards such as the ZBA will impact not just this project,but may also be precedent setting for future projects across the City. It is our belief that regarding this project there are several relatively simple,but fundamental questions that have not been clearly determined. 1.Under the UDO,what is a Gas Station? 2.What is the Principal Use of this project,as defined in UDO Article 8? 3.What is the Lot Line of this project? 4.Does this proposed project Conform to the UDO standards of said Principal Use? There may be opinions that have led up to this point,but to ensure fair,due process,these questions may require an actual determination by city zoning officials,and if required,an interpretation by the ZBA. Our position regarding these questions is as follows. Question 1.What is a gas station? Article 8,sec BBB.of the UDO describes a Gas Station as: An establishment where fuel for vehicles is stored and dispersed from fixed equipment into the fuel tanks of motor vehicles.A gas station may also include ancillary retail uses,and solar and/or electric charging stations. The applicant,Stewart ’s,may like us to believe that a gas station only consists of the location of fuel storage, the pumps and canopy.While those elements are certainly integral to a gas station,they are not the only elements that must be considered as a whole. For example,fire codes,and/or other regulations require ancillary features such as shut off switches and line of sight by an operator that are located in the building structure.As such,these ancillary requirements are integral to a principal use as a gas station. Question 2.What is the principal use of this project? The applicant,Stewart ’s,has postulated in other forums regarding this project that there is a dual-use principle in the UDO.They state that the principal use on the parcel where a residence currently exists (parcel 165.83-1-23 at 28 Lincoln Ave)relates is a retail business,and the “gas station”use is confined the parcel where there is currently an existing gas station [165.83-1-22]at 177 S.Broadway].They have contended that this project is not considered in its entirety,a gas station. The generally accepted definition of Principal Use is:The primary or predominant use to which a property is or may be devoted and to which all other uses on the premises are accessory. It is our understanding of the UDO that there is no provision for separate principal uses on different portions of the project,and that each and every project must define a principal use. The retail uses proposed for this project would therefore be considered,per the UDO,to be ancillary retail uses. There is an old expression that if something walks like a duck,looks like a duck,and quacks like a duck,it ’s a duck.In this case,everything about this project looks and quacks like a gas station. We believe therefore that this project in its entirety is indeed a “gas station”and therefore must conform with all of the gas station standards spelled out in the UDO. Question 3:What is the lot line of this project? We contend that like every other project that is brought before the ZBA and Planning Board,the lot line of the project consists of the perimeter of all parcels included in the project.Thus,the lot line of this project is defined by the perimeter of the 2 lots combined.[165.83-1-23 &165.83-1-22]. The map outline below,which is provided by the applicant,clearly shows the 2 combined parcels Question 4:Does this proposed project conform to the standards as defined by the UDO. UDO Article 8,Sect.BBB states that all gas stations,as measured from lot line to lot line,may not be located within 250 feet of a residential or residential mixed-use district. There is no dispute that the property line of parcel 28 Lincoln Ave [parcel 165.83-1-23]is closer than 250’to a residential district.A 250’buffer map is shown below. It is our contention,therefore,that this proposed project does NOT conform to the standards required under the UDO. Since decisions that are either made,or not made in regard to this project may act to set precedent for other projects in the City,and to preserve the due processes of this board,we believe that the ZBA should request and receive an official determination from the appropriate city officials regarding these questions.And if necessary,provide an interpretation if requested. Thank you, ___________________________ John Iacoponi