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HomeMy WebLinkAbout20180178 3024 FahyCottage_revisedapp_4-6-18CITY OF SARATOGA SPRINGS ZONING BOARD OF APPEALS Cj Ha.th - 474 6rondwv y Sara ga. Sprb"6.k, New- York/12266 TCL: 518-5S7-3550 fww. 57-S-5SO-8480 INSTRUCTIONS APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION APPLICATION REQUIREMENTS I. ELIGIBILITY: To apply for relief from the City's Zoning Ordinance, an applicant must be the property owner(s) or lessee, or have an option to lease or purchase the property in question. The Zoning Board of Appeals (ZBA) shall not accept any application for appeal that includes a parcel which has a written violation from the Zoning and Building Inspector that is not the subject of the application. 2. COMPLETE SUBMISSIONS: Applicants are encouraged to work with City staff to ensure a complete application. The ZBA will only consider properly completed applications that contain I original and I di tai version of the following: ❑ Completed application pages 1 and 8, the pages relating to the requested relief (p. 2 for interpretation or extension, pp. 3-5 for use variance, pp. 6-7 for area variance), and any additional supporting materials/documentation. **HANDWRITTEN APPLICATIONS WILL NOT BE ACCEPTED** ❑ Completed SEQR Environmental Assessment Form — short or long form as required by action. h ttp://www. d ec.ny.gov/docs/permits_eLoperati ons_pdf/seafpartone. pd f O Detailed "to scale" drawings of the proposed project — folded and no larger than 24"x 36". Identify all existing and proposed structures, lot boundaries and dimensions, and the relationship of structures to the lot dimensions. Also, include any natural or manmade features that might affect your property (e.g., drains, ponds, easements, etc.). ❑ Photographs showing the site and subject of your appeal, and its relationship to adjacent properties. 3. APPLICATION FEE (NON-REFUNDABLE): Make checks payable to the "Commissioner of Finance". Fees are cumulative and required for each request below. ❑ Interpretation $400 ❑ Use variance $ I ,000 ❑ Area variance - Residential use/property $150 - Non-residential use/property $500 ❑ Extensions $I50 SUBMISSION DEADLINE' Check City's website (www.saratoga-springs,org) for application deadlines and meeting dates Revised 1212015 ZONING BOARD APPEAL APPLICA770N INSTRUCTIONS PAGE 2 PUBLIC HEARING ADVERTISEMENT The Zoning Board of Appeals is required to hold a public hearing on each submitted application within ninety (90) days from when it is determined to be properly complete by City staff. City staff will prepare a legal notice for the public hearing and arrange to have the public hearing announcement printed in The Saratogian legal notices at least 5 days before the hearing. Applicants must pay The Saratogian for the legal ad and present proof of payment to the ZBA prior to the public hearing. If proof of payment is not presented prior to the hearing, the hearing will be cancelled, PROPERTY OWNER NOTIFICATION Applicants are required to mail a copy of the public hearing legal notice to all property owners within the following distances from the boundaries of the land in question: Type of variance Distance for property owner notification Use variance Area variance & Interpretation 250 feet I00 feet This notice must be sent at least 7 days but not more than 20 days before the date of the public hearing. City staff will email a copy of the "property owner notification letter" to the applicant. The applicant must then send the notification letter to the nearby property owners. Applicants may not include any other materials in this mailing. The mailing must be certified by the U.S. Post Office. Prior to the public hearing, applicants must present the Post Office "certificates of mailing" to the ZBA. If "certificates of mailing" are not presented prior to the hearing, the hearing will be cancelled. Revised I2120I5 Name CITY OF SARATOGA SPRINGS Cvf-y Ha LL - 474 5ro-az y Sara-*a60.Ne-IN-York. 1.286(n Tth 51-8-587-3550 f 1 -la 518-580-q4-80 APPLICATION FOR: APPEAL TO THE ZONING BOARD FOR AN INTERPRETATION, USE VARIANCE, AREA VARIANCE AND/OR VARIANCE EXTENSION IfOR OFFICE USEt (Application #) (Date received) APPIJCANT(Sr Jennifer Williams Joe Fahy Address 166 Lincoln Avenue OWNER(S)ilInot applicant} ATTORNEY/AGENT Saratoga Springs, NY 12866 Phone 617 817 8845 Email i ri shjoe3Cgmail. com An applicant must be the property owner, lessee, or one with an option to lease or purchase the property in question. Applicant's interest in the premises:2 Owner ❑Lessee 0 Under option to lease or purchase PROPERTY 4NFORMAT#ON 1. Property Address/Location: 166 Lincoln Avenue Tax Parcel No,: 161.77 4 3 (far example: 165.52 - 4 - 37) 2. Date acquired by current owner: Jan 24 2013 3. Zoning District when purchased: UR -1 4. Present use of property: Private Single family 5. Current Zoning District: U4q'1 6. Has a previous ZBA application/appeal been fled for this property? ❑ Yes (when? For what? ® No 7. Is property located within (check all that apply)?: 0 Historic District 0 Architectural Review District ❑ 500' of a State Park, city boundary, or county/state highway? 8. Brief description of proposed action: We would like to build a small cottage at back of property to house our elderly parent who currently resides at the Home of the Good Shepherd in Saratoga Springs (resident since 2013). Costs have become too expensive to continue to house her at this location, and it is her desire to move back into a home -like environment with her daughter, Jennifer Williams, and son-in-law Joe Fahy. 9. Is there a written violation for this parcel that is not the subiect of this application? 0 Yes No 10. Has the work, use or occupancy to which this appeal relates already begun? ❑ Yes 0 No II. Identify the type of appeal you are requesting (check all that apply). ❑ INTERPRETATION (p. 2) 0 VARIANCE EXTENSION (p. 2) ❑ USE VARIANCE (pp. 3-6) 2 AREA VARIANCE (pp. 6-7) Revised 12/2015 ZONING BOARD OFAPFEALS APPLICATION FORM PAGE 2 FEES: Make checks payable to the "Commissioner of Finance". Fees are cumulative and required for each request below. ❑ Interpretation ❑ Use variance ❑ Area variance -Residential use/property: -Non-residential use/property: ❑ Extensions: $ 400 $1,000 $ 150 $ 500 $ 150 INTERPRETATION — PLEASE ANSWERTHE FOLLOWING (add additional information as necessary): I . Identify the section(s) of the Zoning Ordinance for which you are seeking an interpretation: Section(s) U R-1 2. How do you request that this section be interpreted? Although our area is zoned UR -1, many of the surrounding properties do not adhere to this regulation. For example, we are bordered by Siro's, a commercial restaurant that attracts thousands of visitors during race season. Our other neighbors on Lincoln Ave include a 3 -family house which typically rents as short term leases, and a 10+ room single-family house which operates as a boarding house during track season and a rental during the year for several tenants including Skidmore students. In addition, around the corner from our property on Frank Sullivan Place, another single family home operates as a rental property housing several Skidmore students during the year, and there are horse stalls with additional accommodation for stable hands during race season. We are surrounded by official and unofficial multi -family dwellings and major commercial properties (Siro's and the Track itself). 3. If interpretation is denied, do you wish to request alternative zoning relief? QJYes ❑No 4. If the answer to #3 is "yes," what alternative relief do you request?2 Use Variance 0 Area Variance EXTENSION OF A VARIANCE —PLEASE ANSWER THE FOLLOWING (add additional information as necessary): 1. Date original variance was granted: 2. Type of variance granted? 0 Use 0 Area 3. Date original variance expired: 5. Explain why the extension is necessary. Why wasn't the original timeframe sufficient? When requesting an extension of time for an existing variance, the applicant must prove that the circumstances upon which the original variance was granted have not changed. Specifically demonstrate that there have been no significant changes on the site, in the neighborhood, or within the circumstances upon which the original variance was granted: Revised 12/2015 BONING BOARD OFAPPEALSAPPUCATI0N FORM PAGE 3 USE VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): A use variance is requested to permit the following: We would like to build a small cottage at back of property to house our elderly parent who currently resides at the Home of the Good Shepherd in Saratoga Springs (resident since 2013). Costs have become too expensive to continue to house her at this location, and it is her desire to move back into a home -like environment with her daughter, Jennifer Williams, and son-in-law Joe Fahy. For the Zoning Board to grant a request for a use variance, an applicant must prove that the zoning regulations create an unnecessary hardshi2 in relation to that property. In seeking a use variance, New York State law requires an applicant to prove all four of the following "tests". I . That the applicant cannot realize a reasonable financial return on initial investment for any currently permitted use on the property. "Dollars & cents" proof must be submitted as evidence. The property in question cannot yield a reasonable return for the following reasons: A. Submit the following financial evidence relating to this property (attach additional evidence as needed): I) Date of purchase: Jan 24 2013 Purchase amount: $ 580,000 2) Indicate dates and costs of any improvements made to property after purchase: Date Improvement july 24 2014 Cost wooden fence around property $5,000 3) Annual maintenance expenses: $ 3,000 5) Annual income generated from property: $ zero 4) Annual taxes: $ 8459.02 6) City assessed value: $480,000 Equalization rate: Estimated Market Value: $ 690,000 7) Appraised Value: $ Appraiser: Date: Appraisal Assumptions: Revised 1212015 ZONING BOARD OFAPPEALS' APDL ICArION FORM PAGL4 B. Has property been listed for sale with the Multiple Listing Service (MLS)? I) Original listing date(s): N/A fres If "yes", for how long? We haven't listed the property for sale since No we purchased it in 2013. Original listing price: $ N/A If listing price was reduced, describe when and to what extent: Since we owned the property in 2013, we have not listed it for sale. 2) Has the property been advertised in the newspapers or other publications? EYes 0No If yes, describe frequency and name of publications: 3) Has the property had a For Sale" sign posted an it? DYes El No If yes, list dates when sign was posted: 4) How many times has the property been shown and with what results? 2. That the financial hardship relating to this property is unique and does not apply to a substantial portion of the neighborhood. Difficulties shared with numerous other properties in the same neighborhood or district would not satisfy this requirement. This previously identified financial hardship is unique for the following reasons: Revised 12/2015 ZONING BOARD OPAPPEAL APPLIC4TION FORM PAGE 5 3. That the variance, if granted, will not alter the essential character of the neighborhood. Changes that will alter the character of a neighborhood or district would be at odds with the purpose of the Zoning Ordinance. The requested variance will not alter the character of the neighborhood for the following reasons: Although our area is zoned UR -1, many of the surrounding properties do not adhere to this regulation. For example, we are bordered by Siro's, a commercial restaurant that attracts thousands of visitors during race season. Their venue in- cludes an open-air kitchen and outdoor concert venue with a stage. Our other neighbors on Lincoln Ave include a 3 -family house which typically rents as short term leases, and a 10+ room single-family house which operates as a boarding house during track season and a rental during the year for several tenants including Skidmore students. In addition, around the corner from our property on Frank Sullivan Place, another single family home operates as a rental property housing several Skidmore students during the year, and there are horse stalls with additional accommodation for stable hands during race season. We are surrounded by official and unofficial multi -family dwellings and major commercial properties (Siro's and the Track itself). In addition, many if not all dwellings have another outbuilding on the property such as a garage with upper level living quarters or barn -type structure with/without living quarters. We do not believe the introduction of our proposed structure would alter the character of the neighborhood in any way, in fact it would be in keeping with the character. 4. That the alleged hardship has riot been self-created. An applicant (whether the property owner or one acting on behalf of the property owner) cannot claim "unnecessary hardship" if that hardship was created by the applicant, or if the applicant acquired the property knowing (or was in a position to know) the conditions for which the applicant is seeking relief. The hardship has not been self-created for the following reasons: Our elderly parent did not require alternate housing until mid 2013, after which time we had already purchased the property at Lincoln Ave. We sought to remedy this situation by housing her at the Home of the Good Shepherd in Saratoga Springs, which we have done since 2013. As costs continue to increase at this and similar facilities, it is not financially possible to house her there indefinitely at a cost of now $4,500/month, not including the cost of medication, insurance, etc. Revised I2/20i5 ZONING BO4Ra OFAPPEALS APPLICATION FORM PAGE 6 AREA VARIANCE — PLEASE ANSWER THE FOLLOWING (add additional information as necessary): The applicant requests relief from the fallowing Zoning Ordinance article(s) UR -1 Dimensional Reguirements Single-family residence on one lot (1,100 square feet ground) From 1 Minimum rear yard setback 25 feet Minimum average lot width Minimum lot size Other: 60 feet 13,200 sq. ft. To 2 10 feet 0 feet 11,019 sq. ft. To grant an area variance, the ZBA must balance the benefits to the applicant and the health, safety, and welfare of the neighborhood and community, taking into consideration the following: I . Whether the benefit sought by the applicant can be achieved by other feasible means. Identify what alternatives to the variance have been explored (alternative designs, attempts to purchase land, etc.) and why they are not feasible. We did attempt to purchase a neighboring property that would have provided additional accommodation but we were unsuc- cessful in our negotiations. We have also explored adding an extension to our existing house but this is not feasible due to the encroachment of Siro's building, resulting from an expansion that occurred a number of years before we purchased our house. As we understand it, our house was previously owned by Siros. At the time they owned our house at 166 Lincoln and Siro's restaurant, immediately next door at 168 Lincoln, they breached the lot line between the two properties to build an extension to their restaurant, and run multiple utility, sewer and drainage lines alongside what is now our house. This creates an impediment to adding onto our house and is another reason we are asking to build a separate structure in the lot area behind the house. 2. Whether granting the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Granting the variance will not create a detriment to nearby properties or an undesirable change in the neighborhood character for the following reasons: The cottage will not be wholly -visible from the street or side yards. In addition, nearly all adjoining/neighboring properties have constructed garages/carriage houses at the back or side of their lots, making another garage/carriage structure very much in character with the neighborhood. Furthermore, the structure will be surrounded by fencing, further obscuring views. Between our property and Siro's there is a 15 -foot wall constructed/maintained by Siro's which backs their outdoor patio/ concert venue. In addition, the neighbor on the other side is a 3 -family dwelling, typically rented only during track season on short-term leases, so limited/no disruption there due to lack of occupancy. In addition, we have a 6 foot wooden stockade fence erected around the backyard of our property which further blocks neighboring views of our yard. Revised 12/2015 ZONING B04RO OF APPEALSAPP(IC4TION FORM PAGE 7 3. Whether the variance is substantial. The requested variance is not substantial for the following reasons: UR -1 regulations allow "garage" and barn type structure up b 10% of build lot size and not exceeding 30% of total area covered. Proposed 1,100 square foot size is within the guidelines of this regulation (current lot size is 11,019 sq. foot). 4. Whether the variance will have adverse physical or environmental effects on neighborhood ordistrict. The requested variance will not have an adverse physical or environmental effect on the neighborhood or district for the following reasons: The structure will have minimal to no visibility from the road or surrounding yards (due to the backyard location, our own surrounding fencing and the 15 foot fence separating our property from Siro's) and therefore no impact on the aesthetics of the neighborhood. In addition, the structure will house only one elderly parent who will have no/limited impact on traffic, noise or public services in the neighborhood. 5. Whether the alleged difficulty was self-created (although this does not necessarily preclude the granting of an area variance). Explain whether the alleged difficulty was or was not self-created: No, this was not self-created. We simply need to provide affordable, ongoing housing for an elderly parent. Revised 1212015 D I scLosu RE Does any City officer, employee, or family member thereof have a financial interest (as defined by General Municipal Law Section 1309) in this application? ® No ❑ Yes If "'yes", a statement disclosing the name, residence and nature and extent of this interest must be filed with this application. APPLICANT CERTIFICATION I/we, the property owner(s), or purchaser(s)Jlessee(s) under contract, of the land in question, hereby request an appearance before the Zoning Board of Appeals. By the signature(s) attached hereto, I/we certify that the information provided within this application and accompanying documentation is, to the best of my/our knowledge, true and accurate_ I/we further understand that intentionally providing false or misleading information is grounds for immediate denial of this application. Furthermore, I/we hereby authorize the members of the Zoning Board of Appeals and designated City staff to enter the property associated with this application for purposes of conducting any necessary site inspections relating to this appeal_ (applicant signature) (applicant signature Date: February 28, 2018 Date February 28, 2018 If applicant is not the currently the owner of the property, the current owner must also sign_ Owner Signature: Owner Signature: Date February 28, 2018 Date February 28, 2018 ZONING AND BUILDING INSPECTOR DENIAL OF APPLICATION FOR LAND USE AND/OR BUILDING Jennifer Williams APPLICANT: Joe Fahy PROPERTYADDRESS: 166 Lincoln Avenue TAX PARCEL NO.: 16117 ZONING DISTRICT: UR -1 3 This applicant has applied to use the identified property within the City of Saratoga Springs for the following: Build a small independent "cottage" type structure at back of property lot for immediate need to house elderly family member. This application is hereby denied upon the grounds that such use of the property would violate the City Zoning Ordinance article(s) . As such, the following relief would be required to proceed: ❑ Extension of existing variance 0 Interpretation ❑ Use Variance to permit the following Build a small independent "cottage" type structure at back of property lot for immediate need to house elderly family member. 0 Area Variance seeking the following relief: Dimensional Requirements From To Other: Note: 0 Advisory Opinion required from Saratoga County Planning Board ZONING AND BUILDING INSPECTOR DATE Revised 1212015 ADMISSION AGREEMENT AMENDMENT The Home of the Good Shepherd This agreement is between the Home of the Good Shepherd and JoAnne Williams. The purpose of this agreement is to amend the Admission Agreement dated August 8, 2016, effective February 1, 2018. Paragraph III on page number 4 of the agreement is amended to read as follows; A. MONTHLY RATE $4500.04 (Payment is due by the l ' of the month) B. RESERVATION: The operator agrees to reserve the Resident's residential space in the event of the resident's absence. The charge for this reservation shall be $145.17 per day. The length of time the space shall be reserved is 30 days. All other terms of the Agreement remain in full force and effect. Signature: Resident or r Date: I ❑ or rep emen a'► Signature: (ktAhu���ay-.�� nj" Authorized Facility jprafentaY. Date: 0 1 I ltg Street view, 166 Lincoln (Fahy -Williams house), parcel 166.77-4-3 Street view, 166 Lincoln (Fahy -Williams house), driveway on right entering back yard space StRo 44: 4 Street view, 168 Lincoln Ave (Siro's) at left, and 166 Lincoln (Fahy -Williams house) at right Fahy -Williams, 166 Lincoln Ave, parcel map Disclaimer: This map was prepared by the Saratoga County Internet Geographic Information System (GIS). The map was compiled using the most current GIS data available. The aerial photography (orthoimagery) was prepared by the N.Y.S. Office of Cyber Security and Critical Infrastructure Coordination during the year 2004-2011. Parcel and municipal boundaries are derived from tax maps and do not represent a land survey, Legend [11 Parcels 166 Lincoln Avenue, view of back lot of property for proposed "cottage" type structure • 166 Lincoln is bordered by legal 3 -family on right; • Also bordered by garage/barn structure, back right; • Bordered by Siro's commercial kitchen and 15 -foot wall at left (this backs up to their outdoor patio/concert venue); • Bordered by another garage at back of lot. 166 Lincoln Avenue, survey Mo9nefic Nor' 07 1999 NW" 28' I0"£ - 0.57' To .4 Cone Man Found End O/ Fence Lines Are 0.7'3 North Of Line LANDS 14/F OF Pollard BOOK 1496 OF DEEDS AT PAGE 58 LANDS N/F OF LANDS N/F OF Edelson Tait & Prestera BOOK 1508 OF DEEDS AT PAGE 490 800K 894 OF DEEDS AT PACE 544 N08' 28' 10`E End Fence ones Fence gemmas Are 1.4'3 East Mesh O/ Line 198.14' °Carncv Ch°aln Link Fence 1s 1.6'3 Eos( Of Line 10 0 111, O Lattice Cote O • Can feek2 LANDS N/F OF THE NEW YORK RACING ASSOC/A77ON, INC. DEED REFERENCES: 1. CONVEYANCE TO THE AUGUST GROUP, A GENERAL PARTNERSHIP BY DEED DATED OCTOBER 5, 1987 AND RECORDED IN BOOK 1218 OF DEEDS AT PAGE 50. 2. CONVEYANCE TO THOMAS ANDERSON. PATRICK ANDERSON, A140 MARREN A. WISEMAN BY DEED DATED NOVEMBER 2. 1999 AND RECORDED IN BOOK 1534 OF DEEDS AT PAGE 50. MAP REFERENCES: 1. A MAP FOR A.A. KELLOGG, EN. COLE As I.L SMITH, PREPARED BY A. CARNSEY, DATED 1853 AND FILED IN THE SARATOGA COUNTY CLERKS OFFICE AS MAP NO. 2-230. 2. MAP ENTITLED, LANDS OF HARRY 1. TA1T AND ROSE MARY PRESTERA'. PREPARED BY CHESTER A GRA/ANSEL PLS. DATED AUGUST 10. 1977 AND FILED IN THE SARATOGA COUNTY CLERKS OFFICE AS MAP NO. T-12. 3. MAP ENTITLED, 'SURVEY OF LANDS OF JOHN AND JERENE THELEN' DATED APRIL 2. 1985 AND PREPARED BY PAUL F. TOMMELL LS... 4. MAP ENTITLED. 'SURVEY - LANDS OF SAMUEL AND HENRIETTA CHEWS'. DATED APRIL 14, 1988 AND PREPARED BY BRUCE HAWKS LS. . EASEMENT. GRANTED TO THE NEM YORK TELEPHONE COMPANY 81 DEED DATED MAY 15. 1992 AND RECORDED IN 80011 1338 OF DEEDS AT PACE 97. o -o Chain Link Fen NSJ' 40'00 28.4 Corner Fes J.03 Nwl! O/ Cine L 10^, 0 2` to O tg3 O 0 Area = 11,0191- Sq. Ft. 44e Block 5make Novae S07 01' 10"W `51 one — 4' • Pad 1.1 —O Lattice Cote 1.0' r0 Oaf 0rlrewy Asphalt _ }� Concrete Pod re Choin Link Fence 1 -w� UL rPen<I O O O 7.0± \J0 Brick Boaeinq t Ve 7l/4 -.. UNAUTHORIZED ALTERATIONS OR ADDITIONS TO THIS SURVEY MAP IS A VIOLATION OF SECTION 7209 OF THE NEN YORK STATE EDUCATION LAM. ONLY COPIES OF THIS SURVEY MAP BEARING THE LAND SURVEYOR'S ORIGINAL SIGNATURE AND EMBOSSED SEAL SHALT. BE CONSIDERED VALID. U AC Unit O -00 yL 'a d Frame Budding\ Woad Flame AOOMian �h 0..1' 97,.9 !.0':'" 196.68' 0—O "SM., 17'10 W - 320' 1,To An (WWI q Iron Plpe • SURVEY OF LANDS OF THOMAS ANDERSON, PATRICK T. ANDERSON & WARREN A. WISEMAN CITY OF SARATOGA SPRINGS SARATOGA COUNTY, NEW YORK SCALE: 1" = 20' 1 DATE: OCTOBER 5; 2000 TELEPHONE NO.: (518) 383=0634 MAP NO.: 99 - 11 - 34B Gilbert VanGuilder Sc Associates Professional Land Surveyors 988 Route 146, Clifton Park, New York 12065 Proposed cottage design Front Rendering I1711I111111111111111111111111111 Lett Elevation 404 NOT FOR CONSTRUCTION iiiiiiiiiiiiiii11111111111111111111111111111 401RightElevation Rear Elevation Proposed cottage design: ground floor Brl Living/Dining Proposed cottage design: second floor/storage 1 View of Siro's property, 168 Lincoln - extension built over lot line into 166 Lincoln property • Side view of lot between 166 Lincoln (house) and 168 Lincoln (Siro's) • Lot line has been breached by wooden addition, sewer lines, electrical box and other utilities; • Commercial kitchen vents next to side of our house Views of 3 family structure next to 166 Lincoln: (a) property owned by Rose Tait, and (b) garage at back of another house that faces View of Siro's side lot/fence from backyard of 166 Lincoln Avenue View towards back of lot, neighbor's garage beyond fence View of neighboring house at 164 Lincoln, legal 3 -family View of house at 138 Nelson Ave (166 Lincoln in background) House currently occupied by Skidmore students and other short term renters. View of house at 20 Frank Sullivan place (166 Lincoln around the corner) House currently occupied by multiple skidmore students. View of Siro's patio and concert venue next door to 166 Lincoln Ave View of 129 Nelson Ave (1 minute walk from 166 Lincoln); property with cottage in side yard View of 133 Nelson Ave (1 minute walk from 166 Lincoln), 3 -family dwelling