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HomeMy WebLinkAbout20230955 24 Jumel Place requested information CHARETTE ASSOCIATES ,4Re;?1'7?5e75, P.e. 76 Cobble Hill Drive Gansevoort, N.Y. 12831 518.265-2628 5 February 2024 Aneisha Samuels Senior Planner City of Saratoga Springs City Hall—474 Broadway Saratoga Springs, New York, 12866 Re: ZBA#20230955 24 Jumel Porch &Second Dwelling Dear Aneisha: Thank you for the opportunity to discuss 24 Jumel with you on 2/1/24. To follow up on our meeting, I would like to offer the following additional information to assist the ZBA. Neighborhood Primary Comparables: At your suggestion, I have reduced the number of properties previously included in my comparables and I would like to present additional data to the Board to help clarify their questions from the prior meetings. I offer the following properties for consideration: 1. 5 Jumel Place (SBL 166.53-2-17): This property is 57'x215' and it contains two dwellings: a single-family dwelling plus a detached garage with a dwelling unit within it. The parcel conforms to the required minimum area for the UR-3 Zone, however it does not meet the 80' width requirement and is therefore undersized by 28.75%. 1 have attached a copy of building permit #20221039, dated 7/26/2022, which includes the scope of work for"creating a dwelling unit in detached garage". 2. 13 & 13-1/2 Jumel Place (SBL 166.54-1-39):This property is 50'x160' and it contains 3 dwelling units: a two-family dwelling plus a detached garage with a dwelling unit within it. The parcel conforms to the required minimum area for the UR-3 Zone for a two family, however it does not meet the 80' width requirement and is therefore undersized by 37.5%. It should be noted that although the property conforms to the minimum area for a 2-family in the UR-3 Zone, having the 3 d unit would logically create more site density and the lot would be undersized.Applying the 3,000 sf per unit requirements of a multi-family in a UR-4 zone, 9,000 sf would be required to adequately address this increased unit density and, if it was, the parcel would be undersized by 12%with respect to minimum lot area. I have attached a copy of a letter from the Building Inspector, dated 3/1/2017, which acknowledges, and permits continuation of, a pre-existing non- conforming use existing prior to 1961. 3. 180-182 East Ave (SBL 166.13-1-46): This property is 57'x100' and it contains 2 dwelling units: a single-family dwelling as the primary structure, plus a detached garage with a dwelling unit within it. The parcel is undersized with respect to minimum area for the UR-3 Zone by 28.75%. Architecture 0 Planning 0 Feasibility Studies 0 Code Enforcement •Computer Visualization It also does not meet the 80' width requirement and is therefore undersized by 28.75%. 1 have attached a copy of a letter from the Building Inspector, dated 9/23/1997, which indicates there is a ZBA resolution dated 4/6/1953 permitting the garage apartment. 4. 207 Caroline St (SBL 166.53-2-42): This property is 50'x160' and it contains 2 dwelling units: a single-family dwelling as the primary structure (that was apparently converted back from a two- family to a single family), plus a detached garage with a dwelling unit within it. The parcel conforms to the required minimum area for the UR-3 Zone, however it does not meet the 80' width requirement and is therefore undersized by 37.5%. 1 have attached a copy of ZBA NOD dated 11/29/2000, which approves the continuation of the garage dwelling subject to the conversion of the primary dwelling from two-family to single-family. 5. 10 Cottage Street (SBL 165.84-1-7): Though further away from the subject property, 10 Cottage Street is in a UR-3 Zone within a similar neighborhood.This property is 49.5'(front)/98.95'(rear) x 150' (north interior)/ 158' (south interior) and will contain two single family dwellings in two separate structures. The parcel conforms to the required minimum area for the UR-3 Zone, however it does not meet the 80'width requirement and is undersized by 7.3%. 1 have attached a copy of ZBA NOD dated 2/2/2024, which approves the construction of a new detached single- family dwelling to be used as a second dwelling on the property. 6. 18 Jumel Place, 25 Jumel Place, 99 Ludlow Street, 167 Lake Ave: These properties have been identified as potential comparables due to data indicating the potential presence of additional dwelling units in detached garages on undersized parcels. I am currently working with planning department staff to further investigate these properties as potentially acceptable comparables. Long Term Leases: Questions were raised during public comments regarding short-term leasing of the property via Airbnb. I have spoken to the property owner about this perception, and they have expressed to me that any former Airbnb advertisements were purely for marketing purposes of the property and that they were seeking long-term lease arrangements, rather than short-term Airbnb bookings. They have since taken down these listings. To help allay the neighbors' concerns over short-term rentals, I have attached copies of all past leases that they have had at the property. The lease periods provided are as follows: 1. 9/1/2022-6/20/2023—Lease#1. 2. 6/30/2023-7/30/2023—Lease#2 3. 9/5/2023- 5/5/2024—Lease#3. 4. 9/5/2024-5/5/2025—Tenant has indicated intent to renew. Options for Consideration: During our 2/1/24 meeting,you asked about the owner's willingness to consider some design alternatives that might be more acceptable to the board, if needed. I have discussed your ideas with the Whalens and offer the following comments: 1. Attach the new structure to the existing single-family dwelling to create a more traditional two- family dwelling. We discussed the potential of connecting the new secondary dwelling to the existing structure as you felt that a single structure containing a 2-family dwelling may potentially be more acceptable to the board. 2 � I subsequently investigated two options for connecting the structures and creating a single two- family dwelling. The first option would be a single-story connector attaching the existing to the new dwelling unit. The second option would be a two-story extension to the current structure. Unfortunately,the configuration of both options would be cost-prohibitive due to the need for substantial modifications to the existing structure. The only practical location for expansion of the existing structure would be to the rear of the existing residence. This location would necessitate removing/reconfiguring a newly installed kitchen (whose installation costs could not easily be recouped), and relocating an exterior basement entry, and various other structural modifications. Re-configuration would also affect the ability of a tenant to remain in the dwelling during construction and would restrict, or eliminate, the tenant's usage of the deck and yard,thereby lowering the income potential for the unit. We explored both options of a breezeway connector between the structures and a full extension of the building to add a 2-story dwelling unit, however,the potential additional work was cost prohibitive and forced us to abandon these approaches. I have estimated the added cost of connecting both structures to be in the range of$110,000- $140,000 in additional construction costs, making it financially impractical for the scale of this project. Architect's estimate for 1 story connector structure &conversion of the structure to a 2-family dwelling *: 1 story wood-framed structure (approx. 10'x20') $47,000 Kitchen reconfiguration $16,000 Interior reconfiguration to floor plan—various work $8,000 Modifications to provide 1-hour fire rated construction $7,000 Remove & relocate basement entrance (incl.foundation &structural $18,000 modifications) Remove and replace deck $8,000 Mechanical, Electrical & Plumbing modifications $6,000 Total $110,000 Architect's estimate for 2-story addition at rear&conversion of the structure to a 2-family dwelling*: Modifications to existing 2 story wood-framed structure to $72,000 accommodate addition. Kitchen reconfiguration $16,000 Interior reconfiguration to floor plan—various work $8,000 Modifications to provide 1-hour fire rated construction $12,000 Remove & relocate basement entrance (incl.foundation &structural $18,000 modifications) Remove and replace deck $8,000 Mechanical, Electrical & Plumbing modifications $6,000 Total $140,000 3 � * Note that these estimates do not include the cost of the second dwelling unit. The estimate is solely representative of the costs for modifications to the existing structure. As a result of these issues, the owners and I agree that a detached dwelling unit is the only practical solution. 2. Add a garage bay to the detached secondary dwelling unit. During our meeting,you had suggested that the board might view a garage at the ground level to be more architecturally"in tune" with the detached garages and carriage houses that are throughout the neighborhood. The Owners would be open to modify the design of the secondary dwelling to include a garage bay, if this is something that the board deems a preferable solution. We had initially not pursued this option as we were attempting to keep the size of the structure as small as possible and to keep it as close as possible to the existing garage's footprint. If a garage is added to this structure, it would result in an increase in size from 20'x28'to approximately 20'x40' (the final size and configuration would need to be confirmed via a re-design). There would however be a couple of negative factors introduced by doing this: 1. Although the building footprint would likely be able to be less than the permitted 1000 sf, it would exceed the 60% maximum footprint of the existing primary structure and may require an additional variance for this issue, and 2.The addition of a garage would inevitably push the location of the structure closer to the east property line, which might bring it more into the view of the neighbors on the east side of the property—this is something that we have been trying to be sensitive to. We would certainly keep the footprint size under the remaining UR-3 coverage requirements for the site. hope this additional information helps the Zoning Board of Appeals with their consideration of this secondary dwelling and to help them move this towards approval of the application. Please feel free to contact me if yo have any additional questions or concerns. Sincerel Les A rman, RA, NYS Code Enforcement Official C ette Associates Architects, P.C. Cc: A. Whalen & N. Whalen Attach: 1. Building Permit dated 7/26/22 for 5 Jumel Place 2. Letter from Building Inspector dated 3/1/17 for 13 & 13-1/2 Jumel Place 3. Letter from Building Inspector dated 9/23/97 for 180 East Avenue 4. NOD from ZBA dated 11/29/00 for 207 Caroline Street 5. NOD from ZBA dated 2/2/24 for 10 Cottage Street 6. Lease agreements. 4 � _.......-.........................._-_............................_.___.._„_.._.._.._..r._.._.. ..-.._._.._.._.._......................._.._................r............._.._.._.. .._.._.......... �._.._ i i r � F I �LNTOGABUILDING PERMIT TO CONSTRUCT - MA3 ALVADD 1&2 FAMILY r Permit Number: 20221039 i fDRnfiR i } Date: July 26, 2022 i I i Permission is hereby granted to the below owner or contractor for construction in accordance to application 20220392 together with plans and specifications hereto filed and approved and in compliance with the provisions of the Codes of City of Saratoga Springs,New York. Permit Issue Date: 07/26/2022 Kermit Expiration Date: 07/25/2024 LOCATION PERMIT CLASSIFICATION Sect/Block/Lot: 166.53-2-17 Permit Type: B BUILDING Street: 5 JUMEL PLACE Work Type: 10 MAJ ALTJADD 1&2 FAMILY Zoning District:UR-3 URBAN RESIDENTIAL-3 Prop Usage: R-3 RESIDENTIAL- I &2 FAMILY Occupy Class: R Const.Class: VB OWNER CONTRACTOR MATTHEW PAUL RICHWINE MATTHEW PAUL RICHWINE 5 JUMEL PL 5 JUMEL PL 5I8-396-6412 51 8-396-6412 � I � I t j APPLICANT MATTHEW PAUL RICHWINE 5 JUMEL PL i y 518-396-6412 ! i Total Value of Work: 95000 '• Total Square Feet: 1387 Number of Dwelling Units: 1 ! Number of Bedrooms. 1 Application Date: 05/02/2022 Permit Issued By:JB Permit Fee: 566.I0 Scope of Work: CREATING DWELLING UNIT IN DETACHED GARAGE i Comments/Conditions: i i i F i I I i I � i ! I Assistant$Ui ctor i .......................................- - - ........_.._.__.. .. . ..._ - ............. - ................................... -- - - - - - - -.._.._.._.._........... - w�tjoGq Sp . City of Saratoga Springs STEPHENSHAW J BUILDING DEPARTMENT Zoteng&Building ui ding Inspector 2491 CITY HALL 474 BroadwayDUANE MILLER a�TO) Assistant Building Inspector Saratoga Springs,NY 12866 Extension 2512 PATRICK COGAN • BUILDING & PLUMBING Telephone (518)587-3550 Ext.2511 Assistant Building& CODES Fax(518)580-9480 Construction Inspector •• ZONING www.saratoga-springs.org Extension 2541 JOHN BARNEY Assistant Zoning&Building Technician Extension 2521 March 1,2017 Michael P. Ginley Ginley& Gottman, PC L 96 Ballston Ave Saratoga Springs,NY 12866 RE: 13 & 13 1/2 Jumel Place, Parcel #166.54-1-39 To whom it may concern, This letter is in response to your Zoning Compliance Letter request for 13 & 13 1/2 Jumel Pl., parcel #166.54-1-39, in the City of Saratoga Springs. This property is located in the Urban Residential-3 Zoning District which was designed to conserve, maintain and encourage single family and two-family residential uses. Building Department records show that there is an existing two-family occupancy in the main building as well as a single family occupancy over the detached garage which have existed prior to 1961. These have been determined to be continuous pre-existing non- conforming uses and therefore may lawfully continue. Sincere 7 Step n Shaw Z ng &Building Inspector SRS/kgf 06 "sp (situ of I*ttratoga 14�,pring,s b� 9i Building & Y PUBLIC SAFETY DEPARTMENT Plumbing CITY HALL Codes Saratoga Springs, New York 12866 Zoning MICHAEL J. BIFFER Telephone 518-587-3550 ROBERT W. HICKEY Building Inspector Fax 518-587-6512 Asst. Bldg. Inspector September 23, 1997 David M. Gabay 188 Lake Avenue Saratoga Springs, N.Y. 12866 RE: 180 EAST AVENUE; TAX MAP ID # #166.13 - 1 - 46 Dear Dr. Gabay: Please be advised that this premises is located in a UR-3, Two-family residence zone in the city of Saratoga Springs. The permitted principal use in this zone is either a single-family dwelling or a two-family dwelling. Our file contains a resolution on appeal before the Zoning Board of Appeals, dated April 6, 1953, which permitted the owner of this premises to make a garage apartment. According to copies of electrical inspections from 1978, and according to city directory information from the 1970's, it appears that a single-family use existed in each of the two buildings on this premises. Such a use, today still would comply with the zoning regulations, assuming no alterations or conversion of either building, wholly or in part, has occurred since that time. - Yours truly, QL C_ , nn Michael J. Biffer Building Inspector MJB/jb ZONING BOARD OF APPEALS CITY OF SARATOGA SPRINGS r = z Citrs Hail,474 BroaawaV Saratoga Springs,New York 12866 �gPORATED`' 5i8-587-3550 5i8-587-65u Fax IN THE MATTER OF THE APPEAL OF Lawrence Britt 207 Caroline Street Saratoga Springs, NY 12866 from the determination of the Building Inspector involving the premises at 207 Caroline Street, in the City of Saratoga Springs, New York being Section 165.53, Block 2, Lot 42 inside district, on the Assessment Map of said City. WHEREAS,the appellant having applied for an area variance under the Zoning Ordinance of said City, as amended, to maintain an apartment for rental purposes in the existing detached accessory garage structure in an Urban Residential-3 district and due public notice having been duly given of a hearing on said application held on the 29th day of November 2000. WHEREAS,after due consideration,the Board makes the following resolution and finding of fact: The area variance for a rear yard setback from 25 feet to 5 feet as shown on the submitted plans be granted for the following reasons: 1. The applicant has demonstrated practical difficulty which would result in significant economic injury if the variance was not granted because demolition of the existing garage would be cost prohibitive 2. The applicant has demonstrated this action is the m.inimum variance which would alleviate the hardship in that both buildings are pre-existing, thus no exterior alterations are proposed. 3. The granting of this area variance will not have an adverse impact on.the essential character of the neighborhood because the subject garage is an existing structure,erected in 1978,and the applicant intends to reduce usage density from the permitted three family to two family on the lot. 4. The following condition must be met: the applicant shall have no more than one gas and one electric meter on the main home. Dated: November 29, 2000 Adopted by the following vote: 5 Ayes; 0 Nays ZONING BOARD OF APPEALS OF THE CITY OF SARATOGA SPRINGS, NEW YORK Date Chair I hereby certify the above to be a full, true and correct copy of a resolution duly adopted by the Zoning Board of Appeals of the City of Saratoga Springs on the date above mentioned, five members of the Board being present. Date Secretary GAS CITY OF SARATOGA Gage Simpson,Chair Brad Gallagher,Vice Chair r� Shafer Gaston 04SPRINGS Brendan Dailey H = T ZONING BOARD OF APPEALS Jonah Cohen Otis Maxwell El Chris LaPointe i CITY HALL-474 BROADWAY �cORPORATED �91� SAR ATOGA SPRINGS,NEW YORK12866 518-587-3550 W W W.SARATOGA-SPRINGS.ORG #20230844 IN THE MATTER OF THE APPEAL OF Steve and Deb O'Shea 10 Cottage Street Saratoga Springs NY, 12866 From the determination of the Building Inspector involving the premises at 10 Cottage Street in the City of Saratoga Springs,New York being tax parcel number 165.84-1-7 on the Assessment Map of said City. The applicants having applied for an area variance to permit the construction of a new single-family home to be used as a second dwelling within the Urban Residential (UR-3) district and public notice having been duly given of a hearing on said application held from November 20th, 2023 through January 291h, 2024. In consideration of the balance between benefit to the applicant with detriment to the health, safety and welfare of the community, I move that the following area variances for the following amount of relief: TYPE OF REQUIREMENT DISTRICT REQUIREMENT PROPOSED RELIEF REQUESTED MINIMUM AVERAGE WIDTH 80' 74.2' 5.8' (7.3%) REAR 25' 16' 9' (36%) SECOND DWELLING SIZE SECOND DWELLING >1000 sqft/60% 1 (100%) ARTICLE 8.4:JJ </=1000 sgft/60% of of Principal Principal structure structure As per the submitted plans or lesser dimensions, be APPROVED for the following reasons: 1. The applicants have demonstrated this benefit cannot be achieved by other means feasible to the applicants. The applicants desire to construct the second dwelling in the rear of their current property. The applicants note they have considered other alternatives, including shifting the structure northwest, towards the street, but this was deemed undesirable to the applicant and the neighboring property at 12 Cottage Street. The applicants also noted that no property is available for purchase. 2. The applicants have demonstrated that granting this variance will not create an undesirable change in neighborhood character or detriment to nearby properties. The lot's unique shape, including a plethora of space in the Southeastern rear of the property, allows for a secondary dwelling to be constructed in a way that is beneficial to the applicant and not detrimental to the neighboring properties. The board notes that 12, and 14 Cottage Street also have residences in the rear of their properties,providing neighborhood context. 3. The board notes that the requested rear and secondary dwelling variances are substantial, but mitigated by the lots unique shape, amongst other factors noted above. Page 1 of 2 4. This variance will not have a significant adverse physical or environmental effect on the neighborhood or district. Standard district permeability requirements will be met. 5. The alleged difficulty is considered self-created insofar as the applicant desires to construct the secondary structure; however, this is not necessarily fatal to the application. Note: 1. Principal dwelling to remain or be converted to a single family dwelling. 2. Either of the two dwellings shall remain owner occupied. It is so moved, dated January 291h, 2024 Passes by the following votes: AYES: 5 (G. Simpson, B. Gallagher, B. Dailey, S. Gaston, J. Cohen,) RECUSED: NAYES: This variance shall expire 18 months following the filing date of such decision unless the necessary building permit has been issued and actual construction begun as per the Unified Development Ordinance. I hereby certify the above to be a full, true and correct copy of a resolution duly adopted by the Zoning Board of Appeals of the City of Saratoga Springs on the date above mentioned, five members of the Board being present. i SIGNATURE: 02/02/2024 AV CHAIR DATE RECEIVED BY ACCOUNTS DEPT. Page 2 of 2 State of New York Rev. 133ED67 VACATION ON DENTAL SHORT TERM LEASE AGREEMENT This Vacation Rental Short Term Lease Agreement (this "Agreement") is made by and between Kelsey McPartland, at 147 Braim Road, Greenfield NY 12833 ("owner") and renter, Owner and tenants may be referred to individually as "Party" and collectively as "Parties." For good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows; 1. Property. The property is described as a house with 3 bedrooms and 2 bathrooms located at 24 Jumel Place, Saratoga Springs NY 128fi6 the "Property"). The Property is owned by Owner. The Property is fully furnished by Owner and equipped for light housekeeping. 2. Rental Party. All persons in the rental party will be bound by the terms of this Agreement. Only persons listed on this Agreement may stay in the Property. "Rental Party" means Guests. The total number of persons in the Rental Party will be four (4). The total number of children in the Rental Party will be two (2). 3. Maximum Occupancy. The maximum number of persons allowed to stay in the Property is limited to eight 8), unless the Owner gives its prior written consent. Pets are not allowed unless previously agreed upon by owner. 4. Visitors. A visitor is an occupant of the Property who is not staying overnight. The total number of persons permitted in the Property at any given time, including visitors, is twelve (12). 5. Rental Period & Check-In. The term of this lease will be from September 1st, 2022 ("Arrival Date") to June 36th, 2023 ("Departure Date"). The Property will be ready for Guest's occupancy beginning at three pm (3:00 pm) on the Arrival Date and the Property must be vacated by even am (12:00 pm) on the Departure Date, unless otherwise agreed upon by Owner. 6. Keys &Access Codes. Owner will provide Guest with digital access code to unlock the front door to the Property. Any attempt to access a locked area is just cause for immediate termination of this Agreement, forfeiture of all rent paid, and Guest will be liable for any missing items or damage. 7. Rental Rules & Restrictions. Guest agrees to abide by the following restrictions by Owner (the "Rules"): (A) Smoking is not permitted inside the Property (B) Quiet hours are from 10:00 PM to 8:OOAM (C) Garbage must be placed in the proper receptacles If any person in the Rental Party fails to follow any of the Rules, the Rental Party may be asked to vacate the Property and Guest will forfeit all rent paid. 8. Security Deposit. Guest agrees to pay the rent and fees described below (the "Total Amount Due"). A deposit in the amount of $3,000.00 (the "security deposit") is due and payable upon return of this signed Agreement in order to secure Guest's reservation. This deposit will be refunded after Guest's departure and an inspection of the Property by Owner, less any deductions for damage to the Property or furnishings, excessive mess requiring additional cleaning or other costs incurred outside the normal course due to Guest's stay. 9. Payment. Agreed upon rent is $3300 which will be due by August 15th, 2022. Utilities (water, garbage, national grid, cable/internet) are not included in the lease and are the responsibility of the renter. Snow removal and lawn care are the responsibility of the owner. Utilities bills will remain in the owners name however will be sent to the tenant to be paid within 30 days. Acceptable payment methods are: check, venmo, paypal 10. Furnishings. Furnishings are subject to change without notice. Furniture, kitchen equipment, utensils, and any other personal property supplied with the Property must not be removed from the Property. Loss of any items within the Property or damage to the Property or furnishings in excess of normal wear and tear will be charged to Guest. The Property will be inspected by Owner after Guest's departure. All contents of the Property are the property of Owner. If an item should break, Guest must notify Owner immediately. Guest is not permitted to alter the wiring. 11. Parking. Parking is limited to 4 (4) spaces in the driveway, all other cars must be parked on public street. 12. Mechanical Failures. Owner attempts to properly maintain the Property. While all electrical and mechanical equipment within the Property are in good working order, Owner cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, cable service, or appliances. Guest agrees to report any inoperative equipment or other maintenance problem to Owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently. Guest will allow Owner or a person permitted by Owner access to the Property for purposes of repair and inspection. Owner is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items. 13. Acts of God. If there is a storm or severe weather and a mandatory evacuation order is issued by state or local authorities, owner will not be responsible for refunding tenant. 14. Limitation on Liability. Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest's visitors while in the Property or on the Property. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of Guest's visitors. Guest agrees to assume the risk of any harm arising from use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST'S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. 15. Indemnification. Guest acknowledges that the use of the Property by the Rental Party and Guest's visitors is entirely at their own risk. Guest will indemnify and hold harmless Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest's visitors to observe the Rules and restrictions set forth in Paragraph 7. 16. Violation of Agreement. If Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid. 17. Governing Law. This Agreement and all transactions contemplated by this Agreement will be governed by, and constructed and enforced in accordance with the laws of the State of New York (not including its conflicts of laws provisions). Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. 18. Amendments. This Agreement may be amended or modified only by a written agreement signed by both Owner and Guest. 19. No Waiver. Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. 20. Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement. 21. Notices. Any notice or communication under this Agreement must be in writing and sent via one of the following options: - electronic email transmission 22. Successors and Assigns. This Agreement will inure to the benefit of and be binding upon Owner, its successors and assigns, and upon Guest and its permitted successors and assigns. 23. Entire Agreement. This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations (if any) made by and between the Parties. SIGNATURES Owner Kelsey McPartland G uest: State of New York Rev. 133ED67 SHORT TERN) LEASE AGREEMENT IS made, by and between Nancy and Andrew reenient {this Agreenrrent"� wne�f and This Shari Term Lease Ag and renters, a,, (i and valuable Whalen, 9325 Blind Pass Rd., 5T PETE ,EACH. rtyll and col as.,i,�rty"' and collectively as '•Parti�*s,•' For i3 be referrer!to Individually ree as fnllc�ws, tenants may the Parties ag consideration, tire=sufficiency of whir.li is acknolpfa gely described as a sinl3le family hams with 3 bedrooms and�, bathraarnS located ert is The property is owners by owner.The g, propertyE The lrraP y at 24 1urYlel Place,SarBti?ga 5l7rings NY 12R5&(tile "Property•'). property is fully furnished by Own and equIP erl far IIQF�t housekeeping. will be berund by the terrrrs of this.Agreement. Only All persons in the rental party "Rental Patty" means Guests. 2. Rental Party p Y Agreement ma stay in the Property. persons listed on this Rental Party will be two l7f• The total number of pets wf1{be one in the 1 The total number of adults ert is limited to 6 3. Maximum occupancy, The nraxirnum number of persons allowed to stay in the Prop y (�), unless the owner gives its prior written consent. of the Property who is not staying overnigh . The total number of 4. Visitors. A visitor is an occupantincluding visitors, is eight ( ) e at any giVen time, persons permitted in the property -2023 "Arrival Date") to luly Period &Check-in. The term of this lease will be from June crOCcurp Cy beginning at tytirelve Pm . Rent,! peri will be ready for G Date"). The Property 11.00 am) on the 301112023 ("Departure must be vacated by el-even am � (12:00 pm) on the Arrival Date and the Property Departure date, unless otherwise agreed upon by Dcaner. vide Guest with digital access code to unlock the front A° or to the fawner will pAgreement,6. Keys & Access erodes. cause far imme'diater �rr►age termination a t lg property. Any attempt to access a lacked area is justmissin items v forfeiture of all rent paid,and Guest will be liable for any g restrictions owner (the o abide by the following res irs by 7. Rental Rules & Restrictions. Guest agrees t "Rules"T (A) Smoking is not permitted inside the Property (B) Quiet hours are from 10:00 PM to 8:00AM (C) Garbage must be placed in the proper receptacles if any person in the Rental Party fails to fellow any of the Rules, the Rental Party may be asked tQ vacate the Prop" and Guest will forfeit all rent paid. rent and fees described below tthe "Tote{ Amount Due").�d S. Security Deposit. Guest agrees to pay the 17 an return of this g deposit in the amount of�1SI�0.(3�l (the "security deP©sit ) is due and payable up 's reservation.This deposit will be refunded after Guest's departure Agreement in order to secure Guest ert Of property by Owner, less any deductions for damage to the Frog � and an inspection of the p rty . . na{ cleaning or other costs incurred outside the normal furrlishings, excessive mess requiring addttty Leurse due to Guest's stay including pet damage. 9. Payment. Agreed upon rent is $20000 for June 30, 2023 through July 30, 2023. Utilities (water, garbage, national grid, cable/internet) are included in the lease and are the responsibility of the owner. 10. Furnishings. Furnishings are subject to change without notice. Furniture, kitchen equipment, utensils, and any other personal property supplied with the Property must not be removed from the Property. Loss of any items within the Property or damage to the Property or furnishings in excess of normal wear and tear will be charged to Guest. The Property will be inspected by Owner after Guest's departure. All contents of the Property are the property of Owner. If an item should break, Guest must notify Owner immediately. Guest is not permitted to alter the wiring. 11. Parking. Parking is limited to 4 (4) spaces in the driveway, all other cars must be parked on public street unless agreed upon by the homeowner. 12. Mechanical Failures. Owner attempts to properly maintain the Property. While all electrical and mechanical equipment within the Property are in good working order, Owner cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, cable service, or appliances. Guest agrees to report any inoperative equipment or other maintenance problem to Owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently. Guest will allow Owner or a person permitted by Owner access to the Property for purposes of repair and inspection. Owner is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items. 13. Acts of God. If there is a storm or severe weather and a mandatory evacuation order is issued by state or local authorities, owner will not be responsible for refunding tenant. 14. Limitation on Liability. Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest's visitors while in the Property or on the Property. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of Guest's visitors. Guest agrees to assume the risk of any harm arising from use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST'S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. 15. Indemnification. Guest acknowledges that the use of the Property by the Rental Party and Guest's visitors is entirely at their own risk. Guest will indemnify and hold harmless Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all oss of or damage to personal property, injury or death resulting from the use or occupancy of the )roperty or the failure of any member of Rental Party or Guest's visitors to observe the Rules and estrictions set forth in Paragraph 7. 6. Violation of Agreement. If Guest or any member of the Rental Party violates any of the terms of this greement, including but not limited to owner may evict Guest anti the Rental maximum occu p ,ancy visitors and rental rules and restrictions, cie t�sit paid. a from the Propenty art Guest will forfeit all rent and security this Agreement will be party plated by 17. Governing Law. This Agreement and all transactions contem enforced in accordance with the laws Of the shall be resolve State of New York d governed by, and constructed and a Any dispute arising from this Agree dispute will be including its,conflicts Of laws provisions) b mediation, xhen the through mediation. if the dispute cannot be resolved throng resolved through Minding arbitrario n conducted in accordance with the rules of the American Arbitration Association- b a written agreement signed by is. Amendments. This Agreement may be amended or modified only y both owner and Guest. provisionny of this 1'9. No Waiver . Neither owner nor Guest shall be cfeerned to have wut♦ d a esssuchh waiver is made expressly Agreement or the exercise of any rights held under this Agree rr�en and in writing- . provision of this,Agreement is held to be invalid or unenforceable enforceable as 2(?. SeveraiaiPity. if any p - the remaining provisions shall not be affected and shall continue this Agreement. part, trough the invalid or unenforceable parts had not been included rifiin and sent via one of 21. Notices. Any notice or communication under this Agreernen# must be in w g the following options: - electronic email transmission ment will insure to the benefit of and be binding upon Owner, it' 22. Successo rs and Assigns, This Agree rmuted successors and assigns.successors and assigns, and upon Guest and its pe ' Agreement. This Agreement represents the entire understanding and agreement between t' 23. Entire g Parties with respect to the subject matter of this Agreement and supersedes all other negotiatiOnS, understandings and representations (if any) made by and between the Parties. SIGNATURES f owners Nancy & Andrew 'Whalen Tenant: State of New York Rev. 133ED67 SHORTTERM LEASE AGREEMENT This Short Term Lease Agreement(this "Agreement") is made by and between Nancy and Andrew Whalen, 9325 Blind Pass Rd.,ST PETE BEACH, FI("owner")and renters, Owner and tenants may be referred to individually as "Party" and collectively as "Parties." For good and valuable consideration,the sufficiency of which is acknowledged,the Parties agree as follows: 1. Property. The property is described as a single family home with 3 bedrooms and 2 bathrooms located at 241umel Place,Saratoga Springs NY 12866 (the"Property").The Property is owned by Owner. The Property is fully furnished by Owner and equipped for light housekeeping. 2. Rental Party.All persons in the rental party will be bound by the terms of this Agreement.Only persons listed on this Agreement may stay in the Property. "Rental Party"means Guests. The total number of adults in the Rental Party will be two(2).The total number of pets will be one (1). 3. Maximum Occupancy.The maximum number of persons allowed to stay in the Property is limited to 6 (6), unless the Owner gives its prior written consent. 4.Visitors.A visitor is an occupant of the Property who is not staying overnight.The total number of persons permitted in the Property at any given time,including visitors, is eight (8). 5. Rental Period&Check-In.The term of this lease will be from September Sth,2023 ("Arrival Date")to May 5th, 2024("Departure Date"). The Property will be ready for Guest's occupancy beginning at twelve pm (12:00 pm)on the Arrival Date and the Property must be vacated by eleven am (11:00 am)on the Departure Date, unless otherwise agreed upon by Owner. 6. Keys&Access Codes.Owner will provide Guest with digital access code to unlock the front door to the Property.Any attempt to access a locked area is just cause for immediate termination of this Agreement, forfeiture of all rent paid,and Guest will be liable for any missing items or damage. 7. Rental Rules& Restrictions. Guest agrees to abide by the following restrictions by Owner(the "Rules"): (A)Smoking is not permitted inside the Property (B)Quiet hours are from 10:00 PM to 8:OOAM (C)Garbage must be placed in the proper receptacles If any person in the Rental Party fails to follow any of the Rules,the Rental Party may be asked to vacate the Property and Guest will forfeit all rent paid. 8.Security Deposit. Guest agrees to pay the rent and fees described below(the"Total Amount Due").A deposit in the amount of$3,300.00(the "security deposit") is due and payable upon return of this signed Agreement in order to secure Guest's reservation.This deposit will be refunded after Guest's departure and an inspection of the Property by Owner, less any deductions for damage to the Property or furnishings, excessive mess requiring additional cleaning or other costs incurred outside the normal course due to Guest's stay including pet damage. 9. Payment.Agreed upon rent is$3300 for September 5, 2023 through May 5, 2024. Utilities(water, garbage, national grid, cable/internet)are not included in the lease and are the responsibility of the renter. Utilities are under the home owner name due to the short term rental and will be billed monthly or quarterly depending on the bill. Lawn care and snow removal are the responsibility of the renter. Acceptable payment methods are:check,venmo, paypal 10. Furnishings. Furnishings are subject to change without notice. Furniture, kitchen equipment, utensils,and any other personal property supplied with the Property must not be removed from the Property. Loss of any items within the Property or damage to the Property or furnishings in excess of normal wear and tear will be charged to Guest.The Property will be inspected by Owner after Guest's departure.All contents of the Property are the property of Owner. If an item should break, Guest must notify Owner immediately. Guest is not permitted to alter the wiring. 11. Parking. Parking is limited to 4(4)spaces in the driveway,all other cars must be parked on public street unless agreed upon by the homeowner. 12. Mechanical Failures. Owner attempts to properly maintain the Property.While all electrical and mechanical equipment within the Property are in good working order, Owner cannot guarantee against mechanical failure of electrical service,stopped plumbing,water supply, heating,air conditioning, audio visual equipment, internet access,cable service,or appliances.Guest agrees to report any inoperative equipment or other maintenance problem to Owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently.Guest will allow Owner or a person permitted by Owner access to the Property for purposes of repair and inspection. Owner is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items. 13.Acts of God. If there is a storm or severe weather and a mandatory evacuation order is issued by state or local authorities, owner will not be responsible for refunding tenant. 14. Limitation on Liability. Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest's visitors while in the Property or on the Property. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of Guest's visitors.Guest agrees to assume the risk of any harm arising from use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,TORT, CONTRACT,STRICT LIABILITY, OR OTHERWISE,SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST'S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. 15. Indemnification.Guest acknowledges that the use of the Property by the Rental Party and Guest's visitors is entirely at their own risk.Guest will indemnify and hold harmless Owner from any and all expenses,costs,damages,suits,actions,or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest's visitors to observe the Rules and restrictions set forth in Paragraph 7. 16.Violation of Agreement. If Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy,visitors and rental rules and restrictions,Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid. 17.Governing Law.This Agreement and all transactions contemplated by this Agreement will be governed by,and constructed and enforced in accordance with the laws of the State of New York(not including its conflicts of laws provisions).Any dispute arising from this Agreement shall be resolved through mediation.If the dispute cannot be resolved through mediation,then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. 18.Amendments.This Agreement may be amended or modified only by a written agreement signed by both Owner and Guest. 19.No Waiver. Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. 20.Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part,the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement. 21.Notices.Any notice or communication under this Agreement must be in writing and sent via one of the following options: -electronic email transmission 22.Successors and Assigns.This Agreement will insure to the benefit of and be binding upon Owner,its successors and assigns,and upon Guest and its permitted successors and assigns. 23.Entire Agreement.This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations(if any)made by and between the Parties. SIGNATURES Owners Nancy&Andrew Whalen T ant: From: Nancy Whalen To: Les Ackerman,AIA Subject: Fwd: 24 Jumel PI lease Date: Thursday,February 1,2024 8:14:37 PM Although they haven't signed the lease yet, looks like we are set for next school year! Cut n Paste would prob be best:) Hope this helps-- N ---------- Forwarded messa e --------- From: Date: Thu, Feb 1, 2024 at 7:32 PM Subject: Re: 24 Jumel PI lease To: Nancy Whalen<nancywhalen.nw c&gmail.com> How disappointing and frustrating that must be! We are very happy in the house, it works really well for us and -At this point, and if you'll have us, we would like to rent for next school year(early September after track season thru May 1). We have considered potentially setting down in Saratoga Springs but given the current market conditions we are hesitant to do so. Happy to connect on a call if you would like. On Thursday, February 1, 2024 at 07:09:49 PM EST, Nancy Whalen <nancywhalen.nwagmail.com> wrote: Hi, we are dealing with zoning board meetings and some neighbors want to be sure we aren't an air BNB year round. It's been a struggle to get our carriage house approved. Crazy!All I want is a little place to live in 5 1/2 months a year and by law can't rent both homes. Would love to have you back but would understand if you find another location. Best Nanc On Thu, Feb 1, 2024, 6:23 PM wrote: Hi Nancy, Hope you're well! We haven't thought about it much yet but can think about it over the weekend. Is there something pressing the need to know now? P.S. Please send the sun up our way! On Thursday, February 1, 2024 at 05:10:36 PM EST, Nancy Whalen <nancywhalen.nw&gmail.com> wrote: Hi there, quick question...Are you planning on renewing the lease for next school year? Thanks Nancy On Thu, Jul 6, 2023 at 11:54 AM Nancy Whalen <nancywhalen.nw(2gmail.com>wrote: Hi there, attached please find lease agreement for 24 Jumel Place beginning on Sept 5. Feel free to reach out if you have any questions. Thank you, Nancy Whalen