HomeMy WebLinkAbout20190604 Cluett House Bed and Breakfast Correspondance (16) LAW OFFICE OF NADINE F. SHADLOCK
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nadine@nadineshadlock.com 15 2378
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Nadine Feiden Shadlock, Esq.
October 16, 2019
VIA ELECTRONIC MAIL
Mark Torpey, Planning Board Chair
City of Saratoga Springs Planning Board
City of Saratoga Springs
474 Broadway, City Hall
Saratoga Springs, New York. 12866
RE: PB#20190604 THE CLUETT HOUSE BED AND BREAKFAST:
2 Clement Avenue (the "Property")
Dear Chairman Torpey/Members of the Planning Board:
I represent the owner of 124 State Street, Saratoga Springs, NY. I submit this letter to
offer further comment in connection with this Board's consideration of the subject application
for a Special Use Permit to allow use of this Property as a"Neighborhood Bed and Breakfast" in
this Urban Residential 1 zoning district(the"SUP").
We recognize the not unlikely negative impacts to this established, quiet, single family
residential neighborhood including traffic,parking, noise, lights,transient population of
unknown individuals, any of which could result in a significant adverse impact on this
established neighborhood's quality of life.
The following is a summary of concerns and requests of this Board which were identified at
the September 19, 2019 Meeting:
- Meeting with the neighbors. It is my understanding the applicant did reach out to the
neighbors to discuss this Property and proposed plans. However, questions remained in
the mind of attendees regarding certain information shared by the applicant,such as:
o It was indicated that work on the Property would commence in January 2020, but
would not be completed until Fall,plus reference to the need for additional
approvals as well as the meetings, we assume all are Planning Board meetings,
but we believe the following is appropriate:
• Clarification is necessary regarding the specific modifications which are
proposed to the House and overall Property.
• We believe the proposed approvals to be sought, as well the scope of and
nature of the modifications to this Property,need to be considered by this
Board in the context of this application for the SUP.
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- Applicant was to provide substantiation to the Board of the proposed frequency and
timing of vendor and food service deliveries.
- Status of stormwater issues, catch basins and red ooze from ground at Property.
- Confirmation if this is the only SUP for a Neighborhood B&B in the UR-1 District?
We also offer this letter to outline conditions and requirements which could be considered by
this Board in the event of any possible grant of an SUP for this Project:
• SUP shall be subject to a requirement of annual renewal by applicant by making
application to this Board, with the burden of proof for the grant of any such renewal to
rest on applicant, who shall demonstrate compliance with all requirements and conditions
imposed by this Board,together with a showing of an absence of evidence of verifiable
issues or incidents from its operations of this Property.
• Applicant waiver of any right to hold/convene any and all commercial indoor and
outdoor activities such as wedding/receptions/showers, business meetings, catered
events and the like. This language, while present in the SUP provision at issue, was
waived by applicant and her attorney at the first meeting before this Board.
• This Property shall only operate from April 1 to October 31 of each year("Period of
Operation"). During"off season"/period beyond, no one other than a caretaker and his
immediate family may reside at, or otherwise utilize,this Premises.
• There shall be no outdoor music,nor music inside projected or amplified to the outside,
at the Property.
• No exterior improvements whatsoever shall be made at the Property, aside from the 3
pervious pavement parking spaces to be installed, nor shall any indoor improvements be
made which could be visible from the outside.No additional outdoor lighting shall be
installed.
• Impose a limit on the number of individuals to be permitted to reside, or congregate, at
the Property in any single 24 hour period of 25 individuals,with the use of the Premises
to be for personal, intimate use,not wild parties,with a curfew for all outdoor activities
of 9:00 PM.
• Lighting emanating from the Property shall not exceed ambient lumens for the
immediately surrounding neighborhood as measured at the boundary line of the Property
closest to the home on the Property.
• Sound emanating from the Property shall not exceed ambient decibel levels for the
immediately surrounding neighborhood as measured at the boundary line of the Property
closest to the home on the Property.
• All vehicles for persons at the Property, including any deliveries, shall be parked and
maintained on the Property, with no street parking to be permitted.
• Delivery vehicles/food service shall be limited to one such delivery per week,which
shall occur only on a business day between 9:00 AM and Noon.
• Portable/temporary bathroom/toilet facilities are absolutely prohibited.
• Erection of or maintaining outdoor structures, including without limitation,tents or
enclosures is strictly prohibited,
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In conclusion, we respectfully request this Board's consideration of imposing the foregoing
requirements, as well as requiring Site Plan review and approval for this Project. We believe the
foregoing requirements are important safeguards for this neighborhood because of the risk of
cumulative impacts. These conditions will also serve to preserve this Planning Board's
continuing jurisdiction of this matter, all of which will encourage the applicant to be vigilant in
its operation and use of this Property,while providing the existing neighbors with a remedy
should the applicant fall short of its obligations.
Thank you.
Very truly yours,
Law Office of Nadine F. . ,.dlock
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Na' ne Feiden Shad ack, Esq
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