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Ballston ZBA presses Stewart’s Shops for clarity on expansion and life‑estate encroachment
Summary
The Ballston Zoning Board discussed Stewart’s Shops’ application to redevelop its Route 67 convenience store with gas and raised concerns that the proposed building would cross a neighboring parcel held under a life estate; the board requested MJ Engineering’s written findings and clarity on durational conditions before scheduling a hearing.
The Town of Ballston Zoning Board of Appeals on June 3 heard from Molly Russell, a representative of Stewart’s Shops, about an application to redevelop an existing convenience store with gas at 801 and 809 Route 67 (ZBA2026-004).
Attorney Andrew Clark told the board that MJ Engineering & Land Surveying completed its engineering review but the board had not yet received MJ’s written findings; Clark said one required variance will be for lot coverage. The board said it needs MJ’s determinations in writing to identify the precise relief to notice for a public hearing.
Vice Chairman Patrick Whitton pressed the applicant on an outstanding life‑estate issue: current residents possess a life estate that allows them to occupy and use the house parcel until death. Whitton said the proposed building would cross the property line and effectively encroach on the life‑estate parcel, and asked for clarity on the expected timeframe and contingencies so any durational conditions could be properly defined.
Russell said Stewart’s Shops owns the properties and that the company was not aware of MJ’s findings. Board members discussed parcel‑merger procedures, noting that the Planning Board must handle merges and that merging before ZBA action could create a two‑use situation requiring its own variance. Zampella and Long asked procedural questions about whether parking and other improvements could be staged; the board said it wants the applicant to state what relief is requested, how long any relief should last, and when a merged parcel would be expected to come into effect.
No formal vote or public hearing date was set for the Stewart’s Shops application at this meeting. Attorney Clark said he would share MJ’s determination email with the applicant so the board can review written findings before deciding on conditions or a public hearing.
The ZBA’s next scheduled public‑hearing block on July 1 includes other items; the board did not schedule or act on this application further on June 3.
