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ZBA asks for deed and life-estate documentation, sets Sept. 2 hearing for Stewart's Shops redevelopment
Summary
Stewart's Shops seeks a lot-coverage variance and a sunset provision for its 801 & 809 Route 67 redevelopment; the ZBA classified the project as an Unlisted Action under SEQRA, requested life-estate documentation and a signed acknowledgment from the resident at 809 Route 67, scheduled a public hearing for Sept. 2, 2026, and referred the project to the Saratoga County Planning Board.
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The Town of Ballston Zoning Board of Appeals on Aug. 5 discussed a proposed redevelopment of Stewart's Shops at 801 and 809 Route 67 and set a public hearing for Sept. 2, 2026 at 6:30 p.m.
Molly Russell, representing Stewart's Shops, told the board "there has been no site updates. They are requesting a lot coverage variance from the required 40% to 62% upon final completion." She also asked the board for a sunset provision to allow two uses on the property until a specified end date, with the option to renew or revisit the provision later.
Board members raised concerns about the occupancy rights of residents at 809 Route 67. The minutes note that Mr. Vedder has passed away and Mrs. Vedder continues to live there. Vice Chairman Patrick Whitton said the board's central question was whether the existing life estate or occupancy rights would leave the resident with continued access while the proposal would place a physical structure on that parcel. The board asked for documentation clarifying the life estate terms and requested a signed acknowledgment from the resident indicating awareness of the planned encroachment.
Town attorney Bill Keniry explained the general mechanics of a life estate, saying that "in exchange for ownership, there is an agreement that the grantor would retain rights for life on negotiated terms, whatever they may be," and that those rights typically extinguish on the death of the life tenant. The board requested a copy of the life estate agreement or deed language so it could understand the current encumbrances.
The board voted to classify the proposal as an Unlisted Action under the State Environmental Quality Review Act (SEQRA) and to schedule a public hearing for Sept. 2, 2026, at 6:30 p.m. The board also initiated a referral to the Saratoga County Planning Board. Board members indicated some interest in an easement or subdivision as alternative mechanisms to resolve property-rights questions, and counsel noted that the project will also undergo Planning Board site-plan review.
The ZBA did not make a final determination on the lot coverage variance at this meeting and asked Stewart's Shops to provide the requested documentation ahead of the public hearing.
The town secretary will post the public hearing notice and materials for the Sept. 2 meeting; interested parties should consult the Town of Ballston for application documents and submission requirements.
