SCHENECTADY — A decision by acting Supreme Court Judge Vincent Versaci delivered earlier this week in an Article 78 lawsuit paves the way for the construction of a Starbucks with a drive-thru window in the city’s downtown area.
“Drive-in service facilities” are not a permitted use of property in the city’s C-4 Downtown Mixed-Use District established by city code. But in May 2025, the Board of Zoning Appeals determined Electric Erie Development LLC’s proposed use of a Starbucks at 1100 Erie Blvd. as a fast-food restaurant with a drive-thru as an accessory to be an acceptable use under city code.
Months later, Arthur’s Market owner Haley Whalen, her partner Harry Whalen, and Stella Pasta Bar & Bistro owner Christopher Sule filed an Article 78 lawsuit requesting the BZA’s decision be annulled. Such lawsuits are filed to challenge decisions made by governmental bodies. In September, the city’s Planning Board approved a site plan for the 2,200-square-foot Starbucks project on the 0.77-acre property.
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On Tuesday, Versaci delivered his ruling on the Article 78 lawsuit, writing that the BZA’s decision was rational:…