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Saratoga Springs Residents Challenge ZBA Decision On Code Blue Shelter

Lucas Willard
/
WAMC
Saratoga Springs Zoning Board of Appeals

Note 2/8/18: A longer version of this story has been uploaded.

A group of Saratoga Springs residents has filed a lawsuit against the city and non-profit Shelters of Saratoga over the recent approval of an emergency homeless shelter.

On January 8th, the Saratoga Springs Zoning Board of Appeals affirmed the position that Shelters of Saratoga’s plan to build a new permanent Code Blue shelter meets the definition of a neighborhood rooming house.

Under an executive order by Governor Andrew Cuomo, emergency shelters must open their doors to anyone in need when the temperature dips below freezing.

Code Blue Saratoga began in 2013 following the freezing death of a homeless city woman. It has moved around to a handful of locations ever since. For the past two winters, it has operated at a location on Henry Street, east of Broadway.

Now, a group of about 20 neighbors opposed to the plan filed a new legal challenge to the decision against the city’s ZBA and Shelters of Saratoga.

Attorney Claudia Braymer represents the opponents.

“This particular institution going into a residential neighborhood under the guise of a neighborhood rooming house is completely wrong,” said Braymer.

The opponents argue that the planned two-story shelter should be classified as an institution and are seeking an annulment of the January 8th decision.

Attorney Libby Coreno represents Shelters of Saratoga.

“Shelters intends to participate in the process with the hopes that we will bring to fruition at the Walworth Street site and we understand that this is just part of the process that we must participate in and we will do that,” said Coreno.

The project itself dates back a year, when it was announced a donation from the Mitzen family would support a permanent, two-story Code Blue shelter at SOS’s property on Walworth Street. SOS operates a case-managed shelter and drop-in center.

In April, the ZBA granted area variance relief for the project.

Neighbors opposed to the project filed an appeal in June. Three weeks later, the ZBA dismissed that as untimely. In July, the project got approval from the city’s planning board.

In October, a New York State Supreme Court judge ruled the appeal from the opponents in June was timely, and they brought their appeal back to the ZBA in December, before the board’s affirmation of its interpretation as a neighborhood rooming house in January.

Neighbor Rob Pringle, who is opposed to the Code Blue expansion on Walworth Street, spoke after the January decision by the ZBA.

“Homelessness is a real thing and I think there’s a lot of compassion about homelessness, but the folks that are involved in the Code Blue are a different group,” said Pringle.

Pringle, who owns property next to an alley that abuts Shelters of Saratoga, claimed individuals have defecated in the alley and harassed a tenant.

In December’s ZBA meeting, neighbor Beth Dellarocco was among those who said they have safety concerns about a new shelter being built in the residential neighborhood.

“We’re talking about mentally unstable people. We’re talking about drug-addicted people. We’re talking about people who are using drugs and alcohol on a regular basis,” said Dellarocco.

A statement provided by the neighbors represented in the lawsuit reads in part:

“The construction and operation of a large, non-sober proposed shelter expansion adjacent to the existing Shelters of Saratoga facility does not comport to the neighborhood’s support capacity.”

The statement goes on to say that it hopes all parties involved — including the city, Shelters of Saratoga, residents and others — can “develop a long-term, adaptable approach to addressing homelessness in Saratoga County.”

Mike Finocchi, Executive Director of Shelters of Saratoga, says he is still in favor of hosting the Code Blue shelter on its Walworth Street property next to its existing facilities.

“Having it on our property makes sense. I’ve said this before. To where now we can share services with Shelters of Saratoga: case management or our finance office…”

Finocchi said the ultimate goal of the organization in pursuing the shelter is to save lives.

“People have to remember that this isn’t people coming from all parts of the county. During the warm months we have over 50 people that live in encampments in little wooded areas throughout the city of Saratoga,” said Finocchi.

Lucas Willard is a reporter and host at WAMC Northeast Public Radio, which he joined in 2011.
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