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HomeMy WebLinkAbout20190604 Cluett House Bed and Breakfast Correspondance (13) To: City of Saratoga Springs - Planning Board, Mr. Torpey, Chair From: Jennifer L. McMahonfjenniferlmcmahon7@gmail.com Date: September 30, 2019 Re: Application for Permanent Special Use Permit for "Neighborhood Bed and Breakfast" - Cluett Mouse Bed and Breakfast (Robin Lauder LLC) Dear Mr. Torpey and Members of the Planning Board, I am writing regarding the application made for a permanent special use permit (SUP) by Robin Lauder LLC for a Neighborhood Bed and Breakfast at 2 Clement Avenue. I previously submitted letters in opposition to the application and spoke in objection to it on July 25, 2019. I write to address points made at the most recent planning board meeting (9-19-19) and in the applicant's recent correspondence. I want to again thank the board for hearing the concerns of the public on this matter. I will try to keep my comments brief. From my review of the discussion and materials supplied, the applicant has still offered no positive argument justifying the approval the application other than a personal desire to conduct business. No evidence has been supplied that demand exists for short-term occupancy housing in the area or that the presence of such a business would supply a good to the community sufficient to offset the adverse effects of permitting a business in a residential area. Indeed, increases in short-term housing (e.g., hotels) in the adjacent business district, and low occupancy rates in those venues during all but the track season, suggests there is no such demand. In fact, it can be argued that permitting this venue as a bed and breakfast could adversely impact existing businesses in the downtown area. This represents another positive argument against its approval, especially since permitting this residential property as a business would erode the boundaries of the commercial corridor. The SUP application is designed to consider the impact of approval on "community character"(7.1.3.A.4). Over two-dozen individuals have opposed the application. No community members other than the applicant (and their attorney) have spoken on its behalf. Unlike the applicant, neighbors have offered multiple positive arguments against the application, including demonstrated increases in traffic and noise already shown in the property's ongoing unpermitted operation as bed and breakfast, strain on infrastructure, adverse impacts on safety (particularly that of children using the park and sports fields adjacent to the property), potential negative impact on local property values, and the dangerous precedent approval would set for further influx of business properties in the area that could further impact community atmosphere. I was troubled by Mr. Toohey's letter (September 10, 2019) where he appears to try to gain the board's favor by misrepresenting the opposition. in his letter, Mr. Toohey works to conjure the board's sympathy by alleging that his clients (an LLC) have been wounded by the unwelcome attitude of the neighbors. He works to incite distaste for those neighbors (and thereby undermine their objections) by portraying them as an elitist group that has argued their community is "too exclusive" to be subject to intrusion. He then works to prime the board's approval by stating that the proposed use "is allowed within all Urban Residential Zones." This is incorrect. If it was, no application for SUP would be needed. I hope the board can see through this effort. No neighbor I have spoken with bears any personal animosity toward the applicant, nor do they deny their community contributions. We are not interested in, or trying to, keep out anyone who might own and live in this (or any other) property as a residence. Our objection is simply that the neighborhood, by virtue of its official and current zoning, is exclusively residential We oppose granting an SUP for a business. Our argument is that given this zoning status, the absence of any positive argument for an exception to that zoning, and the existence of multiple positive arguments in opposition to the request (e.g., noise, safety, strain on infrastructure), there is no sufficient basis to approve either a temporary or special use permit. We are a family oriented community that welcomes new members. We seek merely to preserve the residential character of the neighborhood. We do not believe that can be achieved if the application to install a commercial business in this community is approved. We respectfully request that you deny the application for SUP at 2 Cement Avenue. Sincerely, Jennifer L. McMahon, MA, PhD. Daughter of John L. McMahon, 2 First St., Saratoga Springs NY 12866