The URL can be used to link to this page

Home My WebLink About20240173 219 Regent St. Addition Public CommentAlisa M. Dalton -Wager John M. Wager 96 Lake Avenue Saratoga Springs, New York 12866 April 21, 2024 Members of the Zoning Board of Appeals City of Saratoga Springs City Hall 474 Broadway Saratoga Springs, New York 12866 Re: 219 Regent Street, Saratoga Springs, NY (the "Premises") ZBA project reference number 20240173 Dear Sirs and Madams: We have lived at 96 Lake Avenue for 28 years, and many of our neighbors have also lived in our neighborhood for decades. Our house is next door to the carriage house for which the applicant has submitted this application, which carriage house is on the corner of Regent Street and Cottage Place. The back of our house is on Cottage Place. The houses on our Lake Avenue block, and some on Circular Street, also have backyards and carriage houses on Cottage Place. This letter in opposition to the application referenced above and accompanies the letter signed by 16 of our neighbors also opposing the application. 1. First, we are objecting to this application as the present use of 219 Regent Street is in violation of zoning laws: The Premises have consistently been used as a commercial enterprise by the owners since their purchase, and not as their residence. This is in a UR3 residential zone, not commercial. The current owners, Brendan and Eileen Kelly have rented the Premises as an Airbnb since their purchase of 219 Regent in 2021. Attached are copies of the Airbnb listing, showing "hosted by Brendan & Eileen Superhost Three Years Hosting." The listing says "Brendan & Eileen's place is usually fully booked," and we can attest to that, living next to the Premises. Also attached are reviews on Airbnb of the Premises since 2021, the year the Kellys bought 219 Regent. We also attach the deed to 219 Regent Street showing the residence of the Kellys in Clifton Park. The application says the requested addition is for the current owners' personal use but the owners do not live at the Premises and never have lived there. They have used it as a hotel since its purchase. The use violates current zoning laws and would violate the proposed short term rental law, as it is not owner -occupied. The attached Airbnb listing allows 4 guests, and the addition would allow more guests, adding more noise, traffic, parking problems and safety issues, especially during Lake Avenue school drop offs and pickups --as the school's entrance and playground is across the street from the Premises. The application says that "the proposed addition will effect surrounding properties," which is true, but incorrectly says that it will not pose additional traffic or noise, which it will. Parking and traffic between Cottage Place and Lake Avenue, on Regent Street, is known to be difficult, and sometimes chaotic (and has been the study of the Department of Public Safety from time to time). Running a commercial enterprise with continual non-residents is not an acceptable use of the Premises. 2. Second, the Premises are also in violation of zoning laws as the Premises have already been altered in violation of zoning laws and the application does not cure those parts which are in violation: With no variance or building permit obtained, the entrance of the Premises was moved from facing Regent Street to facing 100 Lake Avenue, a portico built, windows removed and shed installed on our property line. That new entrance and portico, as well as the shed placed on our property line were not pursuant to a variance or building permit application (which were required and were done since we have lived next door -in the last 28 years). The applicant cannot state that any part of those changes were pre-existing non -conforming as those conversions happened in the last 28 years since we have lived here. A picture of the Premises in 1992 (post- dating the zoning law) is attached hereto from the files of the Saratoga Preservation Foundation, which picture shows that in 1992, the entrance to the Premises faced Regent Street between two windows which are now gone, and had no portico, both of which changes need a variance and none were obtained. When Willis and Gloria White lived there (as our neighbors), the entrance was on Regent Street and when Larry Abrams lived there as our neighbors, the Premises were as they appeared in the 1992 photo from the Preservation Foundation- with the entrance on Regent Street. It is submitted that the Board should not grant a variance application to an already unlawful use. The burden is on the applicant to show that these changes which needed zoning variances and building permits were completed with variances, building permits and certificates of compliance OR were pre-existing non -conforming. Based on the records, the applicant will not be able to do so. 3. The variance requested is substantial, will have an adverse effect and will impact the physical and environmental conditions in the neighborhood: The requested variance is substantial and detrimental to our own property -so much in fact that the Kellys never told us about this application nor showed us their plans (we learned from the mandatory notice received by us last Monday). The drawings attached to the application show a current building of 20' X 30'; which is 600 sq. feet. The addition is 20' X 14', or 280 sq. feet. This represents an increase of 46.6% to the current building's first floor layout and would be 31.8% of its entirety as renovated, which is very significant. It would appear that the zone UR3 would not allow such a significant percentage lot coverage for the addition. The sought variance reduces the sideback deficiencies drastically, both individually and collectively. The proposed addition, which is not just a "sun room" ---but would add a bathroom, a laundry room and two more rooms-- would take up almost all of the buildable space on the lot- which is what the application says. The building reduces permeable land, and that will cause more runoff to our neighbors and to especially our property which is lower than the Premises. Rain and snow from the roof line of the current building would be diverted from its current direction, to run off onto the new proposed roof, which would then pour into our very small yard. The application states that the request is not substantial because surrounding residences are close to their property boundaries and the existing site is small. However, it is important to note that surrounding residences are all pre-existing nonconforming, built prior to the enactment of the current zoning ordinance. For decades, the surrounding residences have not changed; in fact, many of the neighbors for decades have not changed -it is a great neighborhood to live in. The Kellys bought this property as it exists and their situation is clearly self-created. 4. An undesirable change will be produced in the character of the neighborhood and a detriment to our nearby property will be created by the granting of the area variance: Again, the houses on our Lake Avenue block, and some on Circular Street, also have backyards and carriage houses on Cottage Place and the carriage house for which the owner, Brendan Kelly, submitted the variance application, is next door to our house in the back and is on the corner of Regent Street and Cottage Place. Allowing the variance would diminish the value of our home as the proposed addition would block more sunlight, diminish visibility, create more drainage issues and enlarge this carriage house further on our small yard's property line; it feels like he is applying to build into our yard, it is so close. Further, the owners of 219 Regent will likely need to continue to use our property to repair and maintain 219 Regent. Further, the addition would have a detrimental effect on the character of the carriage houses on Cottage Place and in the neighborhood. The structures on Cottage Place reflect the historical use of the buildings as charming horse and carriage barns, which has not changed for decades. 219 Regent was called "Loop House Stables" with its entrance on Cottage Place (see Preservation Foundation inventory attached hereto from 1969). ' It still has the appearance of a barn. Allowing the variance changes its character from a carriage house. Its exterior has existed as such (except for its illegal change in entrance and portico) for many decades. Cottage Place as it has existed is so charming with its carriage houses that for years, when horse and carriage rides go through Saratoga Springs, they often ride down Cottage Place. Not only will the proposed addition not be an aesthetically pleasing addition to the neighborhood, it will be not in the character of the current building, and inconsistent with the other carriage houses in the neighborhood and Cottage Place. Thank you for your consideration of our opposition to this application. We respectfully request the Board's denial of this application. Very trr i__ Alisa M. Da on - a_ John Wager Apri120, 2024 Members of the Zoning Board of Appeals City of Saratoga Springs City Hall 474 Broadway Saratoga Springs, New York 12866 Re: 219 Regent Street, Saratoga Springs, NY (the "Premises") ZBA project reference number 20240173 Dear Sirs and Madams: This letter is being sent in opposition to the application by the owner of the Premises. We are neighbors of the Premises, which is at the corner of Regent Street and Cottage Place. We object to the application and request its denial for the following reasons: l . The requested area variance is substantial. 2. The owners of the Premises do not live, and never have lived, at the Premises to our knowledge. 3. If granted, the addition would be a detriment to nearby properties because the enlargement permits more occupancy of the Premises, and traffic and parking are already an issue in the neighborhood, especially during school drop offs and pickups of students attending Lake Avenue School (across the street from the Premises) and during track season and special events. 4. The stated need for the addition at the Premises is self-created by the owners of the Premises, as they bought it like the current form. 5. If granted, the addition would produce an undesirable change in the character of the neighborhood, as the structures of the carriage houses in this neighborhood reflect the historical use as horse and carriage barns. The character of this neighborhood has not changed for many decades. Cottage Place, on which the Premises rest, is known to be a collection of charming horse and carriage barns that have been preserved by their owners. Allowing the variance and the addition changes that nature to its detriment. We appreciate your consideration of our objections. Very truly yours, ' Address: 5AU4 An 2 4 Vt r ei ni n Address: �)Z) S f Address: 6�\() L Address: Ph be rit- A4 j7op IN Address: Address: Address: P42 Address: 5- . J��i 6 10-4 If--- ,221 �j li4 LA -Z, C, c) 9 6- (6 Lo ke SARATOGA COUNTY -- STATE OF NEW YORK ' SARATOGA COUNTY CLERK CRAIG A. HAYNER 40 MCMASTER STREET, BALLSTON SPA, NY 12020 COUNTY CLERK'S RECORDING PAGE ***THIS PAGE IS PART OF THE DOCUMENT - DO NOT DETACH*** INSTRUMENT #: 2021005797 Receipt#: 2021212362774 Clerk: DCM Rec Date: 02/17/2021 10:41:50 AM Doc Grp: D Descrip: DEED Num Pgs: 4 Partyl: LLOYD ERIN BACH Party2: KELLY BRENDAN Town: SARATOGA SPRINGS 165.60-2-16.1 Record and Return To: ELECTRONICALLY RECORDED BY CSC INGEO Recording: Pages 15.00 cover sheet Fee 5.00 Recording Fee 20.00 Cultural Ed 14.25 Records Management - Coun 1.00 Records Management - Stat 4.75 Notice of Transfer of sal 10.00 RP5217 Residential/Agricu 116.00 RP5217 - County 9.00 Names 1.00 TP 584 5.00 sub Total: 201.00 Transfer Tax Transfer Tax 1600.00 sub Total: 1600.00 Total: 1801.00 **** NOTICE: THIS IS NOT A BILL **** ***** Transfer Tax ***** Transfer Tax #: 4666 Transfer Tax Transfer Tax Total: 1600.00 IODU.UU This page constitutes the Clerk's endorsement, required by section 316-a (5) & 319 of the Real Property Law of the State of New York with a stamped signature underneath. 11 d. 4rt, Saratoga County Clerk Recorded and Returned to: Brendae lly I B,,oCla✓w4rim Eileen GiPOY) PtArKi A01' I a 0 219 gent Street Sarltoga Springs, NY 12866 SBL: 165.60-2-16.1 WARRANTY DEED THIS INDENTURE, made the _'_� t ,day of January, 2021. 2021005797 02/17/2021 10:41:50 AM 4 Pages RECORDED DEED Saratoga County Clerk BETWEEN Erin Bach -Lloyd, residing at 219 Regent Street, Saratoga Springs, New York 12866, party of the first part, and Brendan Kelly and Eileen Kelly, tenants by entirety, residing at 19 Beechwood Drive, Clifton Park, New York 12065, parties of the second part, WITNESSETH, that the party of the first part, in consideration of One and 00/100 ($1.00) dollar, lawful money of the United States, and other good and valuable consideration paid by the parties of the second part, do hereby grant and release unto the parties of the second part, hers, successors and assigns forever, See Attached Schedule ''A" Description BEING the same premises conveyed to Erin Bach -Lloyd acquired from Paul J. von Schenk and Meredith H. von Schenk f/k/a Meredith H. McClain dated December 18, 2015 and recorded in the Saratoga County Clerk's Office on February 2, 2016 as Instrument Number 2016003402. SUBJECT to any and all existing and enforceable covenants, conditions, restrictions, easements and rights -of way -of record, if any, affecting the above premises. TOGETHER with the appurtenances and all of the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the parties of the second part, their heirs, successors and assigns forever. AND said party of the first part covenant as follows: FIRST, that the parties of the second part shall quietly enjoy the said premises. SECOND, that said party of the first part will forever warrant and defend the title to said premises; THIRD, that in compliance with Section 13 of the Lien Law, the grantor will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvements and will apply the same first to the payment of the cost of the improvements before using any part of the total of the same for any other purpose IN WITNESS WHEREOF, the party of the first part has hereunto set her hand and seal the day and year first above written. IN PRESENCE OF: Erin Bach -Lloyd STATE OF NEW YORK . ss: COUNTY OF SARATOGA : On this 151" day of January; 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared Erin Bach -Lloyd personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within Instrument and he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the Instrument. Not ry ubli REBECCA A. BORDEN Notary Public, State of New York Registration #02BO6094896 Qualified In Albany County -,,.a Commission Expires June 30, 2040- Schedule A Description Title Number: AGT-20709-SA-W ALL RIGHT, TITLE AND INTEREST to that tract or parcel of land, with the buildings and improvements thereon, situate in the City of Saratoga Springs, Saratoga County, New York, known as Lots Number Two Hundred Sixty-three (263) and Two Hundred Sixty-four (264) as laid down on the map of building lots of Henry Walton made in 1839, bounded and described as follows: BEGINNING at the northeast corner of Lot No. 262 and in the south line of Lake Avenue; THENCE easterly along Lake Avenue One Hundred Nineteen (119) feet. more or less, to the west line of Regent Street; THENCE southerly along the west line of Regent Street to Chestnut Alley; THENCE westerly along said alley to the southeast corner of Lot No. 262; THENCE northerly along the east line of said Lot No. 262 One Hundred and Fifty (150) feet to the place of BEGINNING. EXCEPTING from the above described parcel of land so much thereof as was conveyed by Willis B. White, Jr. and Gloria J. White to Lawrence Abrams and Geraldine Abrams, dated June 24,1987, and recorded in the Saratoga County Clerk's Office on June 26, 1987, in Book 1204 of Deeds at Page 220 and therein described as follows: ALL THAT TRACT, PIECE OR PARCEL OF LAND, with the buildings and improvements thereon, situate in the City of Saratoga Springs, Saratoga County, New York, known as a portion of Lots Number Two Hundred Sixty-three (263) and Two Hundred Sixty-four (264) as laid down on the map of building lots of Henry Walton made in 1839, bounded and described as follows: BEGINNING at the northeast corner of Lot No. 262 and THENCE North 69° 07' 20" East, along the southerly line of Lake Avenue (formerly shown on the prior deed incorrectly as East Avenue), a distance of 119.04 feet to the west line of Regent Street; THENCE South 070 06' 30" West, a distance of 122.13 feet to a point along the west line of Regent Street; THENCE South 690 37' 10" West, 62.61 feet to a point on the boundary line between Lots No. 263 and 262; RUNNING THENCE North 20° 24' 40" West, 107.31 feet plus or minus to the point of BEGINNING. New Yo S004oga S6 (r1 nq SO(Q +jgcf OU(I �� I �ei �'A C's iry 100 Lau t4U City of Saratoga springs - Historic Resource inventory Eastside Historic District I Tax Parcel # 0 219 REGENT STREET t.W Function (s): DoMeStiC46-i� 4-* k�. I S V CAAAI� Property Name (if any): Date of Record 1992 C NIC Buildings 1 0 Structures 0 Olz Sites 0 0 Objects 0 0 1 .. .— Resource Type C Sub -Category I Secondary - Structure I C Construction Dates 4A 0 0 0 Film Roll Number Foundation Concrete Walls WoodMB Roof Asphalt other Alterations: Y Siding: N Roof: Y Windows; Y Porch: Description: 2 story, gambrel roof. Door in center w/small curved overhag. 1 1 windows at sides. Ov. AJJ tu'��O'c sttot "' 0604 ,4 -� ,co.At st,,PCcA -6 P-4� 4-.� 3 �416v Resource Type Sub -Category 4eo= I Construction Dates 0 0 0 0 Integrity _grity Description: *ertCe t:eso:u:r�ceTy�pe�� _770 0 0 Integrity Sub -Category 0 0 ,onstruction Dates 0 0 Description: Saratoga Springs Preservation Foundation Saratoga Springs, NY Tax Parcel # Street Address: Historic Function: Current Function: Property Name (if any): Date of Record 1992 C NIC___ I Buildings Structures Sites Objects Type Sub -Category .Resource Construction Dates Film Roll Foundati Walls Roof Other Alterations: Siding: J Roof: �7 Windows : YlPorch: /A=JAdditions: Description: cc CAP- 'S CC iilffff cl a. ra OX dLoc�r &'t"A4( -f-1. C_11!a11_1JIr U11 it, �C tom, , 1 to k t"'J S , l "(1 Resource Type Sub -Category s Construction Dates Integrity Film Roll Description: I (I � 11 0,7 -C dorwlrlmwmjrmrA-% v� f =11II Ul 0 E N z N .01 ippWw+7 3r ,� Vim' iJ'F E Q 44 {r V 60. Mn 42 UJ f K#4 St zg 19 It t ., c t 0 CL n " C: µ a — (� n a, C9'I 4 t H*a LU44 i o # i °I a! r {� ca e' e It - tULA" fx- an cc M 15 �i K�Y7' K) : : " 5U R ��{ APt /fi .w TrI p CS 4 d I QJ F fA �# w i7 � nor S M oil P U N i u e CT tli{ °4j Itf k � tu. �r ll ;a { efi b 47, � 'ti1 �w�tts 4w � � (h r u t E'1 C7 : a, N+ k PY3 4 3.i,1<I 0) LO '0 4d1 VT 2 41 €i 411 he (1'k cYs t ; O ai sa? v cp i' t2 tab. re 0 w3 to cG 0 M p "3 ct? eta _ 41 10, ". w Lbw KEY h„' k✓ f{` W 41 �y D L! �/rwrww rw^ m n^> 0 � W >, D �} W LL x tti IJ � tiJ 4„1 � lLl r QJ m W 5 to s dj rU tti RFs M Ila 4 i u A E Cs to 4) nI'i b- to a to � �J a� to 41 r + ip W 3 41 ( 1 y) 4 J„J � :i � � C �' C°di eq RD i l3 ;. FJ f R! .G= ,S+s? t• „,y � R� J = RIF 4; t5 l.T• �.y Ji.j gJ si! '1.. �.}.a (i) 41 F 0. u .P to l€9 t€5 IC R"a LA if G ,L„ i : Ca sv E 4,9 It- 'x^t Cd p. iI i to ^mot i"n iF r^° (0 Ub Z' t' lk 4yy atl Ptl UJ CL , > mt E if if Miff Miff ri 4 �l MA 4-1 w ui OL to In qj) o 114 IV c o CJ uj xz (KI �r to kn 0 c .41 Z) E 0 u u )k OnOn ri m I 140 y� q) A= '0 'Ll J= 'N Kei C- 0 Q,v �3 0 4, f,f'65 0 �41 bt W X--Si 0) 6- a* T Alf t6 q 11t q 0 0 a, to -0 to kfi wi C, rya to u JP "71- m 0 E 04 0 4 (U to to -a -0 to 2 (U 2) 0 CO 0 6 4t to 01 (U 0 to Get" to KI It, u to to Op Gl$ tJ,. uz It to P 'to E �b ro 41 to 4, Cfto AMBIL LF ) q) .ILI to M 4 to to to 0 'E to iA 0 C' -0 W tu m to RA If E t� CIA m '11,13 cq CIA it: " to 2 li 0) to MN clii 49-cl to (5 E T! if) LA 0 > 42 /ZN E3 � tea-r to of IP 4x j 0011 ra wi IV Z' is IT IV er- 0 13 0 pia cgs I qI < CN t eV ny tie IIJ ry VO 0 4f lk 0 0 c of LO 0 L— cri C T- 19T z u AV E Ash IWWW 0 u u Ol a (10 J- 41 �131 lu to W -6 to Cl M �r- (L) 4,1 W r, e q, LU to I'M to A-J V) 41 M tu IN 6 CN Ti 19T Ju J-- 0 u u u or, -t m t,j V> rti A� ,Q) 0 T 00 -, 04,n Z V's IV is (D X, C q 0 0 0 1a) u u 0 u U Tl qj q) Ai CN C' fo Em m () < n) 03 4K 4K 0 41 is d 49 LO tol 1-7i IqT Q E 10 W � 7E (10 go 0 WA RE Ln to c 2 W 0 -0 CT) 10 m 1,3 cu 0 UJ C 4o 41 4t 4% a 4t m 10 C, , 13) (o a > 4r ca (K) 41 41 'A di di lh & M fta to 11 0 di tJ 0 u 01 a r zn >w? T) M: 4= t3 ,, i+5 r.14 Y_ •. t eki i�. {� C74 "ii rE3 �(t "Z7 "TM, M tj Aaa a tta ak, 42— e ij m tkI r+r.A ' i� :� � Ala � �� YJ'3 Ca ;.a- ! � „7 z`!J •«� , ' rt u oa q) C t1i r u 0 n i? i, "' n} CN tu (U �rw 4.r3 t`c% s,d yr iy pow, i �.�+ ycI Tk l�jMY y - *a ..,. tJ t a? h ai 4Li we i ui co Ln LA op 3. dti 0 t�. 10 ca G_s LP 0 14 A 41 49 (�U- CL 4-1 Sw. KU VA, ib 3 26 "D Q) W W 45 q) 37 <uj. 6 fCi oc w C cr 1 44, 4K 41: > IF Alt (a LO IqT IV CA 4,1 6z Er3