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HomeMy WebLinkAbout20190604 The Cluett House Correspondance To: City of Saratoga Springs - Planning Board From:Jennifer L. McMahon/jenniferlmcmahon7@gmail.com Date:June 9, 2020 Re: Application for Permanent Special Use Permit for"Neighborhood Bed and Breakfast;" Cluett House Bed and Breakfast (Robin Lauder LLC) ***We respectfully request that this letter be read at the Planning Board meeting,Thursday June 11, 2020*** Dear Members of the City Planning Board, This letter regards the renewed application for a permanent special use permit by Robin Lauder LLC for a Neighborhood Bed and Breakfast (Cluett House) at 2 Clement Avenue. It represents the request of the below named community members who live in the immediate vicinity of the 2 Clement Avenue property, all of whom have read and approved this statement. We understand that the NY State Supreme Court ruling dated March 4, 2020 nullifies the Planning Board's November 21, 2019 denial of the applicant's request for a permanent special use permit. We also understand that while the NYS judgment may preclude the Planning Board from denying the current application,the decision explicitly recognizes the Planning Board's discretion to place conditions upon its approval. Most importantly, we request that the Planning Board condition its approval to a temporary permit. We prefer that the permit be one year, and that it be reapplied for, reviewed, and reapproved annually.The temporary nature of the permit is our highest-ranking request. We further request that the Planning Board place conditions on the facility's operation, conditions that will help ensure minimal adverse impact on the surrounding residential community. We know the applicant previously indicated a willingness to accept some conditions. We seek merely that the board ensure that these conditions are clearly defined and enumerated. The conditions we request are: • Waiver of right to hold commercial indoor and outdoor activities such as wedding receptions, bridal or baby showers, business meetings, catered events and the like on the premises, and a waiver of the right to allow guests to host such events on the premises privately. • Seasonal operations only (April 1 to October 31). • Sound levels (decibels) on the premises should not exceed the average ambient sound levels (decibels) in the neighborhood. No amplified music on the property. • Existing outdoor lighting on the premises should not exceed average ambient lighting levels (lumens) in the neighborhood; no installation of additional outdoor lighting. • Apart from regular maintenance of existing structures, no exterior additions or improvements. • Limit the number of guests that a single party/reservation (e.g.the individual or group renting one of the five rental suites) can entertain on the premises to 4. • Limit number of adult occupants per room rented to two with stipulation that separate rooms must be rented for children over the age of 10. • No on street parking (guests, delivery/cleaning personnel, caretakers). • No installation (temporary or otherwise) of portable buildings,tents, or outdoor toilet facilities. • Mandatory re-application for SUP on or before the expiration date; period of review by planning board and public ensured. We know that the applicant's attorney has alleged that the community is hostile, and has appealed to the Planning Board that a permanent special use permit be granted in part so they can avoid said hostility. We are saddened that the applicants have this impression. As various community members have repeatedly stated,we bear them no animosity. While we oppose their application, opposing a party's proposal should not be confused with bearing someone personal animus. Of course, parties in this action have strong feelings about it.The applicants are excited about their business opportunity.That is to be expected. Similarly,the community is concerned about the adverse impact that business may have on them.That is to be expected as well. We believe that approving a temporary permit will ensure that both the community(over two dozen of whom went on record opposing the application) and the applicant are given adequate protections and due process. We believe the aforementioned requirements to be reasonable ones for the Planning Board to place upon a business seeking an SUP to operate a business in a residential community (UR-1). We believe they are especially reasonable given this applicant is the first to apply for an SUP for this type of business in this zone, a zone that has been exclusively residential since zoning was enacted, and in light of the potential for multiple similar applications should this one be approved. Should the applicant conduct business in a manner that is in harmony with the community,which they have assured the board they will, re-approval should not be difficult. However, should the applicant's business adversely impact the community in the ways that the applicant's existing use of the property as an Air BnB has (e.g., increased noise,trespassing), a temporary permit preserves a means for the community to present evidence of that impact, and for the Planning Board to rescind or modify the permit on that basis. Thus, and in closing, we respectfully reiterate our request that you issue a temporary SUP with conditions. Thank you for your time and ongoing attention to this matter. Respectfully, Peter and Kathy Belmonte, 124 State Street, Saratoga Springs NY 12866 Cathy Benequisto and John Benequisto, 10 Clement Avenue, Saratoga Springs NY 12866 Thomas C. Burkly and Nancy Burkly, 45 Greenfield Avenue Unit 11, Saratoga Springs NY 12866 Rob Coughlin, 54 Greenfield Avenue, Saratoga Springs NY 12866 Beth Harker, 6 Clement Avenue, Saratoga Springs NY 12866 Jennifer L. McMahon, 2 First Street, Saratoga Springs NY 12866 Jill P. McMahon, 2 First Street, Saratoga Springs NY 12866 John L. McMahon, 2 First Street, Saratoga Springs NY 12866