— Matt Cook

BERNE—The Stewart’s company is moving forward with its plan to construct a shop and gas station in the hamlet of Berne.

Tom Lewis, in charge of the project for Stewart’s Ice Cream Company, Inc., told The Enterprise that he presented the plan to the town’s planning board last week. The planning board will forward the plan to the town’s engineers and meet with Lewis again next month.

Stewart’s, a Saratoga County-based chain of convenience stores and gas stations, holds contracts to buy two adjacent properties in the hamlet of Berne, pending approval of the plan by the town. One property, at 1707 Helderberg Trail, has a house on it; the other is a vacant lot.

The store is to be located on the opposite side of Route 443 from the Berne-Knox-Westerlo school campus, not far from the Lutheran Church, in the center of the historic hamlet.

The company intends to build a convenience store with a gas station.

Four years ago, Stewart’s held a contract for a different property, closer to the edge of the hamlet, across from the BKW schools, but changes to the hamlet’s zoning since then have forced it to pursue property elsewhere, Lewis said.

Earlier this year, the town board approved, 3 to 2, zoning changes requiring new construction to architecturally blend in with the traditional nature of the hamlet. According the zoning, gas stations are allowed only in the western half of the hamlet. Also, stores with gas pumps must place the pumps to the side of the building instead of the front.

Because of that regulation, Lewis said, Stewart’s would have had to buy three smaller properties at the location across from the school, rather than the two larger ones it is now planning on.
"If the gas island was in the front, like it usually is, we wouldn’t have needed as much road frontage," Lewis said.

The two lots Stewart’s wants now provide 240 feet along the road, Lewis said.

Some hamlet residents, many of whom strongly opposed the rezoning, are upset over a Stewart’s moving in. Some have accused town officials of colluding with Stewart’s to the point of rezoning the hamlet just to allow the store and gas station.

Lewis says he was never courted by the town, though he has spoken with the former supervisor, Alan Zuk, and current Supervisor Kevin Crosier to learn more about the town’s regulations.
"If they had changed the zoning to accommodate us, they would have allowed having the gas island up front, because that really made it more difficult for us," Lewis said.
Lewis said he is aware of the opposition in the hamlet, but, he said, "I think, if the store is built, the vast majority of the residents will be very happy with us. That’s just my opinion."

If the plan is approved by the town, Lewis said, it will take the company about 6 weeks to build the store and gas station.