Saratoga Springs says landlord leasing space without permits

PHOTOGRAPHER: Justin Mason

Gary Stone’s property off Weibel Avenue hosts an eclectic blend of odd businesses: An insurance company, a used-book dealer, a pool company and offices.

All but one of the businesses — Cote Insurance — are obscured by the Springs, a massive apartment complex and ground-level retail spaces. The businesses in the rear of the property are serviced by Mellor Lane, a narrow road that bisects the apartment buildings.

The property is technically being used in accordance with the transect zoning, which allows for small businesses. Only there’s one significant problem in the city’s estimation: None of them were properly vetted through the planning process.

In fact, city officials can’t find any records indicating Stone was allowed to build anything on the property outside of a pole barn approved nearly four decades ago. Nor is there any record of him being allowed to locate businesses within the large L-shaped building at the rear of the 22-acre property, much less the 10 counted there by the city building inspector during a recent visit.

Rather, the city rejected several overtures to locate businesses in the building in between 1998 and 2003. The city even took Stone to court after he allowed upward of 11 companies to locate there anyway. The city ultimately secured a judgment that required Stone to empty the property of its businesses in 2006.

But apparently new businesses have popped up in their place, prompting the city to order the property vacated in March, unless Stone can convince the land use boards to grant him the necessary approvals. Members of the Planning Board last week appeared flummoxed by how the property owner can continue to apparently flout city ordinances by leasing space in buildings that were never intended for commercial use.

Board member Tom Lewis was frustrated that Stone seemed to get his way, even though he allegedly never completed the lengthy site plan process applied to so many other projects. He expressed dismay that the board is now being tasked with an application to bring into compliance something that already exists.

“It’s a little frustrating dealing with it,” he said.

Fellow board member Howard Pinsley called Stone’s ordeal a case of “reverse grandfathering.” The predicament has continued long enough that zoning of the area along Weibel Avenue has changed to allow limited commercial development.

John Lapper, Stone’s attorney, said his client isn’t at fault. Instead, he blamed the city for losing the records showing that Stone did at one time go through the proper process.

“In his mind, he did what he was supposed to do and the files were lost by the city,” Lapper said. “He was told nothing existed until [City Planner Kate Maynard] located the barn permit from 1975. That was the first time there was anything that showed he did go in for a building permit. It’s not that he wasn’t willing to address this, he just didn’t have any ammunition.”

The property has a 720-square-foot body shop, 336-square-foot golf course building, and a building with 11,070 square feet of office space and 4,700 square feet of warehouse space, according to county assessment records. The three buildings are each listed as being constructed in 1965.

Building Inspector Steve Shaw told city planners the only documentation existing for buildings on Stone’s property is a permit to build a barn in 1975. He said that permit didn’t qualify Stone to start moving in businesses.

“Just because you had a building permit to put up a horse barn or a pole barn does not give you the right to put a business in there,” said “It doesn’t work like that.”

Lapper said his client is merely trying to bring the property’s approvals up to speed with its existing uses. He said Stone ultimately wants to build a mixed-use development on the land or sell it to someone for that purpose.

“He’s been approached, but he hasn’t responded because he wants to deal with these issues first,” Lapper said.