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HomeMy WebLinkAbout20190604 Cluett House Bed and Breakfast shadlock corr 5-14-20 LAW OFFICE OF NADINE F. SHADLOCK 12 Van Rensselaer Blvd. Albany,New York 12204-1609 518-432-3310 nadine@nadineshadlock.com nadineshadlock.com NYS Certified Women Owned Business Enterprise NYC Certified WBE-NYSUCP DBE - SBA WOSB SBA HUB Zone Certified SBC Nadine Feiden Shadlock, Esq. May 14, 2020 VIA ELECTRONIC MAIL Mark Torpey,Planning Board Chair City of Saratoga Springs Planning Board City of Saratoga Springs 474 Broadway, City Hall Saratoga Springs, New York. 12866 RE: PB#20190604 THE CLUETT HOUSE BED AND BREAKFAST: 2 Clement Avenue (the "Property") Dear Chairman Torpey/Members of the Planning Board: I represent the owner of 124 State Street, Saratoga Springs, NY. I submit this letter to offer further comment in connection with this Board's consideration of the subject application for a Special Use Permit to allow use of this Property as a"Neighborhood Bed and Breakfast"in this Urban Residential 1 zoning district(the "SUP"). We recognize this matter has been remanded for issuance of the Special Use Permit, but believe that to place this use in this established neighborhood requires imposition of restrictions on any SUP issued as to eliminate the potential for the not unlikely negative impacts to this established, quiet, single family residential neighborhood. I have attached copies of my letters to this Board dated July 25, 2019 and October 16, 2019. I ask that this letter together with the two previous attached be read into the record and made a part of this subject proceeding before this Board. The first and most important restriction is that this SUP be a temporary SUP, which is issued for a one (1)year duration, therefore annual renewal for this SUP, and require the applicant to make application for any renewal to this Board, not later than 60 days prior to is expiration. The burden of proof for the grant of any such renewal to rest on the owner, who shall demonstrate compliance with all requirements and conditions imposed by this Board, together with a showing of an absence of evidence of verifiable issues or incidents from its operations of this Property.Owner's failure to timely make application by the date of expiration, the SUP is extinguished, and null and void, with new/de novo application for an SUP then to be required. The following is a list of additional conditions for this SUP, which we believe are necessary and appropriate to protect this neighborhood and balance the equities between the parties: 1 • Applicant waiver of any right to hold/convene any and all commercial indoor and outdoor activities such as wedding/receptions/showers, business meetings, catered events and the like. This language, while present in the SUP provision at issue, was waived by applicant and her attorney at the first meeting before this Board. • This Property shall only operate from April 1 to October 31 of each year("Period of Operation"). During "off season"/period beyond, no one other than a caretaker and his immediate family may reside at, or otherwise utilize, this Premises. • There shall be no outdoor music, nor music inside projected or amplified to the outside, at the Property. • No exterior improvements whatsoever shall be made at the Property, aside from the 3 pervious pavement parking spaces to be installed, nor shall any indoor improvements be made which could be visible from the outside. No additional outdoor lighting shall be installed. • Impose a limit on the number of individuals to be permitted to reside, or congregate, at the Property in any single 24 hour period of 25 individuals, with the use of the Premises to be for personal, intimate use, not wild parties, with a curfew for all outdoor activities of 9:00 PM. • Lighting emanating from the Property shall not exceed ambient lumens for the immediately surrounding neighborhood as measured at the boundary line of the Property closest to the home on the Property. • Sound emanating from the Property shall not exceed ambient decibel levels for the immediately surrounding neighborhood as measured at the boundary line of the Property closest to the home on the Property. • All vehicles for persons at the Property, including any deliveries, shall be parked and maintained on the Property, with no street parking to be permitted. • Delivery vehicles/food service shall be limited to one such delivery per week, which shall occur only on a business day between 9:00 AM and Noon. • Portable/temporary bathroom/toilet facilities are absolutely prohibited. • Erection of or maintaining outdoor structures, including without limitation,tents or enclosures is strictly prohibited. In conclusion, we respectfully request this Board's consideration of imposing the foregoing restrictions on the SUP. We believe the requirement for annual renewal of this SUP, is essential to ensuring the applicant/owner fulfills its responsibilities to this neighborhood and behaves in good faith,with the identified requirements/restrictions providing a clear framework for the manner in which this property will be owned and operated. These are vital safeguards for this neighborhood, with the annual renewal also serving to preserve this Planning Board's continuing jurisdiction of this matter should the applicant fall short of its obligations. Thank you. Very truly yours, By: . ,"--Mt.� Enclosures a',ine Feiden Shadlock, sq. 2 LAW OFFICE OF NADINE F. SHADLOCK 12 Van Rensselaer Blvd. Albany,New York 12204-1609 518-432-3310 nadine@nadineshadlock.com nadineshadlock.com NYS Certified Women Owned Business Enterprise NYC Certified WBE-NYSUCP DBE - SBA WOSB SBA HUB Zone Certified SBC Nadine Feiden Shadlock, Esq. October 16, 2019 VIA ELECTRONIC MAIL Mark Torpey, Planning Board Chair City of Saratoga Springs Planning Board City of Saratoga Springs 474 Broadway, City Hall Saratoga Springs, New York. 12866 RE: PB#20190604 THE CLUETT HOUSE BED AND BREAKFAST: 2 Clement Avenue (the "Property") Dear Chairman Torpey/Members of the Planning Board: I represent the owner of 124 State Street, Saratoga Springs, NY. I submit this letter to offer further comment in connection with this Board's consideration of the subject application for a Special Use Permit to allow use of this Property as a"Neighborhood Bed and Breakfast"in this Urban Residential 1 zoning district(the"SUP"). We recognize the not unlikely negative impacts to this established, quiet, single family residential neighborhood including traffic,parking, noise, lights,transient population of unknown individuals, any of which could result in a significant adverse impact on this established neighborhood's quality of life. The following is a summary of concerns and requests of this Board which were identified at the September 19, 2019 Meeting: - Meeting with the neighbors. It is my understanding the applicant did reach out to the neighbors to discuss this Property and proposed plans. However, questions remained in the mind of attendees regarding certain information shared by the applicant, such as: o It was indicated that work on the Property would commence in January 2020, but would not be completed until Fall, plus reference to the need for additional approvals as well as the meetings, we assume all are Planning Board meetings, but we believe the following is appropriate: • Clarification is necessary regarding the specific modifications which are proposed to the House and overall Property. • We believe the proposed approvals to be sought, as well the scope of and nature of the modifications to this Property, need to be considered by this Board in the context of this application for the SUP. 1 - Applicant was to provide substantiation to the Board of the proposed frequency and timing of vendor and food service deliveries. - Status of stormwater issues, catch basins and red ooze from ground at Property. - Confirmation if this is the only SUP for a Neighborhood B&B in the UR-1 District? We also offer this letter to outline conditions and requirements which could be considered by this Board in the event of any possible grant of an SUP for this Project: • SUP shall be subject to a requirement of annual renewal by applicant by making application to this Board, with the burden of proof for the grant of any such renewal to rest on applicant, who shall demonstrate compliance with all requirements and conditions imposed by this Board,together with a showing of an absence of evidence of verifiable issues or incidents from its operations of this Property. • Applicant waiver of any right to hold/convene any and all commercial indoor and outdoor activities such as wedding/receptions/showers,business meetings, catered events and the like. This language, while present in the SUP provision at issue, was waived by applicant and her attorney at the first meeting before this Board. • This Property shall only operate from April 1 to October 31 of each year("Period of Operation").During"off season"/period beyond, no one other than a caretaker and his immediate family may reside at, or otherwise utilize,this Premises. • There shall be no outdoor music, nor music inside projected or amplified to the outside, at the Property. • No exterior improvements whatsoever shall be made at the Property, aside from the 3 pervious pavement parking spaces to be installed, nor shall any indoor improvements be made which could be visible from the outside. No additional outdoor lighting shall be installed. • Impose a limit on the number of individuals to be permitted to reside, or congregate, at the Property in any single 24 hour period of 25 individuals, with the use of the Premises to be for personal, intimate use, not wild parties, with a curfew for all outdoor activities of 9:00 PM. • Lighting emanating from the Property shall not exceed ambient lumens for the immediately surrounding neighborhood as measured at the boundary line of the Property closest to the home on the Property. • Sound emanating from the Property shall not exceed ambient decibel levels for the immediately surrounding neighborhood as measured at the boundary line of the Property closest to the home on the Property. • All vehicles for persons at the Property, including any deliveries, shall be parked and maintained on the Property,with no street parking to be permitted. • Delivery vehicles/food service shall be limited to one such delivery per week,which shall occur only on a business day between 9:00 AM and Noon. • Portable/temporary bathroom/toilet facilities are absolutely prohibited. • Erection of or maintaining outdoor structures, including without limitation,tents or enclosures is strictly prohibited. 2 In conclusion, we respectfully request this Board's consideration of imposing the foregoing requirements, as well as requiring Site Plan review and approval for this Project. We believe the foregoing requirements are important safeguards for this neighborhood because of the risk of cumulative impacts. These conditions will also serve to preserve this Planning Board's continuing jurisdiction of this matter, all of which will encourage the applicant to be vigilant in its operation and use of this Property, while providing the existing neighbors with a remedy should the applicant fall short of its obligations. Thank you. Very truly yours, Law Office of Nadine F. , .dlock 1110 By. . ���!I c� Na ne Feiden Shad ock, Esq 3 LAW OFFICE OF NADINE F. SHADLOCK 12 Van Rensselaer Blvd. Albany,New York 12204-1609 518-432-3310 nadine@nadineshadlock.com nadineshadlock.com NYS Certified Women Owned Business Enterprise NYC Certified WBE-NYSUCP DBE - SBA WOSB SBA HUB Zone Certified SBC Nadine Feiden Shadlock, Esq. July 25,2019 VIA ELECTRONIC MAIL Mark Torpey, Planning Board Chair City of Saratoga Springs Planning Board City of Saratoga Springs 474 Broadway, City Hall Saratoga Springs,New York. 12866 RE: PB#20190604 THE CLUETT HOUSE BED AND BREAKFAST: 2 Clement Avenue (the "Property") Dear Chairman Torpey/Members of the Planning Board: I represent the owner of 124 State Street, Saratoga Springs,NY. I am appearing before you to identify certain issues with respect to the above referenced application for a Special Use Permit to allow use of this Property as a"Neighborhood Bed and Breakfast" pursuant to its Urban Residential 1 zoning district. My comments are as follows: • Neighborhood Bed and Breakfast. Neighborhood Bed and Breakfast is described as: o "A supplemental use in a single or two-family residential structure having a resident host which one to five rooms are offered for rent and one or more meals are furnished to guests. Regularly scheduled commercial indoor and outdoor activities such as wedding/receptions/showers,business meetings. catered events and the like are not permitted." o Comment: We would appreciate clarification regarding"regularly scheduled". o Regularly scheduled could mean many things. Does this mean weekly, monthly, annually? o The language as written does not appear to preclude these commercial activities, unless they are "regularly scheduled". o We see these "commercial activities"as an open door to establishing an overall use that is substantially detrimental to this neighborhood, and contrary to the spirit of the Urban Residential Zoning, and to what this application appears to seek. o We submit that if the grant of this SUP is being considered, that any approval impose conditions that preclude these "commercial indoor and 1 outdoor activities". Otherwise, such commercial activities would unquestionably adversely impact this established single family neighborhood. • Predominate Character of the Neighborhood. This quiet neighborhood is unquestionably predominately single family residential,with well established, beautiful homes, with owners intending to reside in a neighborhood of this character. o The SUP Application, as support for the non-single family character of the area, references the existence of: • Skidmore College, which has been in its location since the early 1900's. • The Annandale which was constructed in the 1885, and use established in the 1940's. • Home of the Good Shepard, 45 Greenfield Avenue. This property was a turn of the 20th century institutional building,which was vacant and in disrepair, and was adaptively reused into condominiums. o Both Skidmore and the Annandale were established prior to zoning laws being in place. The Greenfield Avenue institutional property was constructed long before zoning. • Purchase of Property. The application indicates this Property was purchased in June 2019. We assume the purchaser acquired this Property with full knowledge of existing zoning. o The prospect of establishing a modest bed and breakfast is a matter to be considered, but the ability to enhance the economic prospects of this Property through Commercial Use is very concerning to my client. • Criteria for a Special Use Permit. With respect to the criteria for a SUP: o Comprehensive Plan. It is stated that as of October 2012, the proposed use, Neighborhood Bed and Breakfast, was permitted in the in the Urban Residential 1 zoning district. The applicant continues that, since this use in single family residences was introduced,we can assume this is consistent with the Comprehensive Plan. • We believe whether this use in a single family residence is consistent with the Comprehensive Plan requires confirmation, not just assuming this to be the case. o Density. intensity, compatibility of the use with the neighborhood and its character. As set forth above,this is a well-established, quiet, single family neighborhood composed of single family detached homes. Citing a few examples of non-single family use, established long before zoning, does not change the fundamental character of this neighborhood. o Safe and Efficient Vehicular and Pedestrian Access and Parking. Whether this is in fact the case entirely depends on whether the"Commercial Use" is allowed by this Board, or precluded. 2 o The same is true of all remaining SUP Criteria: • Existing and Future Demand on infrastructure, facilities and services. Will this be a 4 bed, bed and breakfast or is a"Commercial Use" actually being established? • Environmental and Natural Resources: flooding, excessive light,noise. Light, noise and vibration are certainly easily foreseeable impacts on the surrounding single family residential neighborhood if the Commercial Use is permitted to be established. • Long term viability of the site,the neighboring property and district. Should a"Commercial Use"be established, it may economically benefit this subject property, but it will cause adverse impact throughout this neighborhood and represents a significant departure from the reasonable expectations of quality of life for these existing residents. In conclusion, if the grant of this Special Use Permit is being considered, we respectfully request, that such grant preclude this Property"from all commercial indoor and outdoor activities such as wedding/receptions/showers, business meetings, catered events and the like". Thank you. Very truly yours, Law Office of Nadine F. Shadl .5 dr BY: frotle .A Nad' e Feiden Sha' ck, Esq. 3