HomeMy WebLinkAbout20230391 177 S Broadway Stewarts Demo & Construction DRB NOD CITY OF SARATOGA SPRINGS
D ESIGN R EVIEW B OARD
City Hall - 474 Broadway
Saratoga Springs, New York 12866
Tel: 518-587-3550 x.2533
www.saratoga-springs.org
Tamie Ehinger, Chair
Rob DuBoff, Vice Chair
Chris Bennett
Leslie DiCarlo
Jeff Gritsavage
Tad Roemer
Geoff Wood
Karen Cavotta, Alternate
Kennedy Flack, Alternate
NOTICE OF DECISION
In the matter of the application
#20230391
Stewart’s Redevelopment Plan – Demolition
28 Lincoln Avenue
Saratoga Springs, New York 12866
Involving an application for the demolition of a residential building in an architectural review district
located at 28 Lincoln Avenue.
The Board determined by decision on June 12, 2024 that the subject building has significant historic
and architectural significance, a finding that, pursuant to section 13.9 (J) (3) of the Unified Development
Ordinance, requires the applicant to provide good cause as to why the subject structure cannot be
preserved. The applicant must provide the following:
i. The applicant must document good faith efforts in seeking an alternative that will result in the
preservation of the structure including consultation with the Design Review Board and the Saratoga
Springs Preservation Foundation. The relocation of structures may be permitted as an alternative to
demolition.
ii. The applicant must document efforts to find a purchaser interested in acquiring and preserving the
structure.
iii. The applicant must demonstrate that the structure cannot be adapted for any other permitted use,
whether by a current owner or by a purchaser, which would result in a reasonable return.
iv. The applicant must submit evidence that the property is not capable of earning a reasonable return
regardless of whether that return represents the most profitable return possible. “Dollars and cents
proof” is required to demonstrate such hardship.
v. Application for demolition of a structure with historic or architectural significance must include
acceptable post-demolition plans for the site. Such plans include an acceptable timetable and
guarantees which may include performance bonds/letters of credit for demolition and completion of the
project. The Design Review Board may condition the issuance of a demolition approval on the
applicant’s receipt of all other necessary approvals and permits for the post-demolition plan.
The Board received information dated July 17, 2024, considered presentation by the applicant’s
representative before the Board on August 7, 2024, and received additional information dated October
16, 2024 and January 8, 2025 in further support of good cause demonstration that the structure cannot
be preserved.
In consideration of the above information, the Board found that the applicant has satisfied the
requirements and provided sufficient good faith documentation to allow the board to move forward with
a conditional approval of demolition. The board has concluded that adapting the property for a
permitted use is not capable of earning a reasonable return, and that moving the structure is not a
viable option. The Board further finds the applicant has satisfied the condition of submitting a post -
Page 2 of 2
demolition redevelopment plan, but finds the presented plan to be unapprovable as presented and
encourages the applicant to reconsider placement, orientation and design of the structure as discussed.
The Board finds that the stipulation of requirement 2 poses a unique circumstance in this application,
and the applicant’s proof on this point cannot withstand the literal application of the statute. There are
unique, extenuating circumstances involved. Taking this unique situation into consideration, and
considering all of the facts of the application, the board finds it is preferable to grant the application
based on the proof submitted.
With this in mind, the board conditions its approval upon the following:
1) The full understanding that the post demolition plan is NOT approvable as is. We are allowing
it to be labeled acceptable only in the sense that professional post-demolition plans for re-
development have been presented. Acceptable in the sense that it contains professionally
drawn up plans. A professionally drawn up plan is required as good-faith documentation that
the site will be re-developed, it is not an indication that the plans provided are approvable. The
applicant will need to reconsider placement, orientation and overall design prior to coming
back in front of the DRB for full review.
2) That the applicant must obtain all necessary approvals and permits for the post-demolition
plan, including a full review and approval form the Design Board. Such approvals and permits
must be obtained before any efforts at demolition of the building are undertaken.
3) That the applicant will make all reasonable efforts to salvage materials and components from
the building that may be used in period-correct renovation efforts for other buildings and
structures. For the reasons above stated, the applicant’s application for demolition is
approved, upon the conditions stated.
This Decision moved at a regular meeting of the Board on January 29, 2025
Record of vote:
motion to approve made by T Ehinger, seconded by R DuBoff: passed 5-2-1
In favor: TEhinger, LDiCarlo, RDuBoff, TRoemer, K Cavotta
Opposed: CBennett, JGritsavage,
Recuset: G W ood
As a result of this decision, the applicant:
may proceed with the proposed project as approved
__________________________________________________________
Please contact the Building Department to verify permit requirements.
January 31, 2025
Chair Received by Accounts
cc: Building Department
Accounts Dept.
Applicant/Agent