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HomeMy WebLinkAbout20190604 Cluett House Bed and Breakfast Toohey Corr 5-8-20 SNYDER, KILEY, TOOHEY, CORBETT & COX, LLP HARRY D.SNYDER ATTORNEYS AT LAW LOREN N.BROWN* MICHAEL J.TOOHEY PLEASE REPLY T O: 1994-2016 KATHLEEN A.CORBETT P.O. BOX 4367 *RETIRED JUSTICE JAMES G.SNYDER SARATOGA SPRINGS, N.Y. 12866 NEW YORK STATE JAMES S.COX STREET ADDRESS:1 60 WEST AVENUE SUPREME COURT TELEPHONE(518)584-1500 JOHN B.CANNIE FACSIMILE(518)584-1503 MEMO TO: Susan Barden City of Saratoga Springs, Planning Board FROM: Michael J. Toohey, Esq. DATE: May 8, 2020 RE: Neighborhood Bed and Breakfast 2 Clement Avenue Susan: You asked me to discuss with my client's possible conditions with regard to the use of the property at 2 Clement Avenue as a Neighborhood Bed and Breakfast. As you know,the neighbors have been hostile to this Project from the day that is was introduced. Their hostility swayed the Planning Board to make its original decision and forced my clients to appeal the decision to the Supreme Court. The neighbors petitioned the Court so they could individually and collectively become active participants in the lawsuit my clients were forced to commence against the City to protect their rights. As you know the Supreme Court denied the neighbors their attempt to intervene in this matter, indicating that the neighbors' opposition was heard at the public hearings and there was no need for their involvement in the Article 78 appeal. The Court went further to admonish the neighbors who attempted to bring additional "facts" and points of law to the Court that were not applicable to the case at hand. The Court then revised the Planning Board's determination that our clients did not prove their case for a Special Use Permit and requires that the requested Special Use Permit be granted. The last step in this process is for a site plan review and we have already demonstrated to the Planning Board all that is required on the site is the introduction of some porous pavement on the south side of the residence to make the Bed and Breakfast site plan permissible. As a result of the two decisions by the Supreme Court, it is clear that the Neighbors' opposition, which was general in nature, was not a sufficient basis to deny the Special Use Permit. What also is clear is that the neighbors will take any available avenue in an attempt to block the Project, and we do not see this Supreme Court's decision stopping that. Therefore, we request that the Special Use Permit be issued with no limitation on duration to prevent the Neighbor's from starting this process anew in two years. That is not to infer that the neighbors are in any way limited in referring matters to the appropriate office in City Hall if they can demonstrate that the future actual use of this property as a Neighborhood Bed and Breakfast violates the statutes codes, rules and regulations, and/or conditions of the Special Use Permit for the properties permitted use. To allow the Neighbors another crack at a public hearing on this project would be akin to subjecting my clients to double jeopardy. The City is perfectly capable of enforcing its own rules and guidelines as it does with every other Bed and Breakfast in the Community Much of the conversations and presentations to the Planning Board was an attempt to show good faith to the neighbors and quell their fears that this project will disrupt their neighborhood. My clients are still willing to make many of those same concessions. The concessions, outlined below, go towards preventing the types of complaints the neighbors made, including limitations on large parties and events, and outdoor noise. My clients however would accept a Decision that specifies as follows: 1) No regularly scheduled indoor or outdoor activities such as weddings/receptions/showers, business meetings or catered events on the premises. 2) There will be no more than one (1) kitchen in the premises and no private kitchen for the resident host. 3) Rules and Regulations with regard to the operations of the Bed and Breakfast shall be placed in all guest rooms. 4) Signage shall be limited to that which is permitted by Code and allowed by variance. Directional signage shall be placed to control traffic flow for the driveway and parking area. 5) No catering trucks on the premises but trucks delivering milk and groceries may be permitted. 6) The outdoor hours of operation for people gathering in the yard or on the porch shall end at 10:00 pm. The Applicant in this matter has been put to great expense to be able to do with their property what the Zoning Code would allow them to do and now the New York State Supreme Court tells them they have an absolute right to do. As the determination by the Planning Board does not require another public hearing, I believe the new Zoom systems for meetings is adequate to allow the Planning Board to issue the required Special Use Permit. Thank you for placing us on the Agenda for the May 14, 2020 meeting.