Preble NY - Bed and Breakfast Ellen Shirly 12/2/02

The case for and against a
Bread & Breakfast
($50,000 Grant available)

On Thursday December 5^th at 7:30 PM, the ZBA will hold a public hearing to allow Preble residents to voice their opinion on this issue.

The case against:

First is the issue of the apparent preferential treatment for Marilyn Stoker's daughter, Ellen Shirley as out lined previously. Many people are very upset about this and referred back to Stoker's allowing Song Mountain's illegal commercial well on her residential property. That property was eventually sold to the current owners of the resort and the well, now dormant is still an issue that people have had to deal with and will have to deal with for years to come. They see the B&B as another example of a violation of town law to benefit the privileged few that hold power in Preble. If that is the case then this episode will do nothing to reunite the town and the division will continue.

The second issue is the legality of a commercial enterprise in the residential R1L district. People feel that this erodes the meaning of the laws and opens the door for further erosion and more commercialization of the residential district. It would also encourage others to open B&B's with no end in sight. At the three-board workgroup meeting some months ago Don Armstrong, town attorney, suggested that this should be done and that Song Mountain's status should be changed to commercial. Dan Dineen from county planning vehemently opposed it. In the B&B case county planning has deferred to the town. They neither approved nor disapproved the plan, they just turned it back for the town to decide.

An ex-ZBA member told me that some years ago Ellen Shirley's late husband came before the ZBA about this same B&B and a campground business and was turned down flat.

The case for:

A B&B is a commercial enterprise but is it little more than what used to be called a 'Boarding house'. The owner of a home rents out rooms to visitors and feeds them breakfast. In this case it is three rooms. The impact for that would be traffic and parking. However, three additional cars plus the owners would not seem to be much impact. This is an issue for the close neighbors of the proposed B&B to decide. Also this B&B is on Tully Lake and presumably there would be additional use of the lake by the B&Bs guests. However, this is little different than renting a camp for the summer and that is done on both Tully and Song lake. Yes, there would be additional use, but why is that different from what we have now?

Many home owners in Preble have homes that could be converted to B&B's. The state's AgriTourism department grants up to $50,000 for this type of enterprise. Doug Staley received a similar grant of $15,000 for his home business (Agway, are you listening?) and it is likely he advised Shirley of this grant availability. If it is available for her then it is available for anyone else who qualifies. This is an opportunity for many in Preble to get some of that state grant money and fix up their homes and make a few extra bucks besides. I have to admit that I have considered doing this and I am sure others will too.

Conclusion:

The laws on the books do not allow a home business such as a B&B. Also they do not allow a business in the R1L district. Changing the zoning to commercial is also illegal. Finally due to the availability of $50,000 in grant money it is likely many more people will want to do a B&B. The ZBA should turn this application down for the moment until the town board addresses B&Bs as part of their review of the 'Master Plan' next month. Making this decision in haste will not benefit the town and may cause many headaches in the future. For example, a short time ago the town board implemented a new regulation that made it easier to do a minor sub-division. It was a simple thing, yet after all was said and done it was 27 pages long! This illustrates how complex simple things can be when all the ramifications are considered. If the town board decides to say no to B&B's and the ZBA had approved this one, then it will be another black eye for the ZBA. It is wise to wait and foolish to rush into this.

Frank Hogg 12/2/02

Links of interest:

Linking Agriculture and Tourism, information on grants.

Preble Land Use Book

Preble Ordinance

From the Preble Ordinance Book:

SECTION 708 HOME OCCUPATIONS

A. Only a member of the immediate family occupying such dwelling shall be employed as part of a home occupation.

B. A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use.

C. No more than twenty-five (25) percent of the gross floor area of such residence shall be used for the conduct of a home occupation. No more than fifty (50) percent of the floor area of an accessory structure shall be used for a home occupation.

D. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or the emission of sounds, noises, or vibrations.

E. No mechanical or electrical equipment shall be employed other than machinery or equipment customarily found in the home associated with a hobby or avocation not conducted for gain or profit or machinery or equipment which is essential in the conduct of the home occupation.

F. No outdoor display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.

G. One sign shall be permitted not to exceed four (4) square feet in area. There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.

H. One (1) commercial type vehicle may be used in connection with the home occupation and be parked on the property.

I. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

J. A home occupation shall not be interpreted to include the following: commercial stables or kennels, restaurants, musical and dancing instruction to groups exceeding four pupils, convalescent homes, mortuary establishments, garages or shops for the repair of motor vehicles and other trades and businesses of a similar nature.

SECTION 709 HOTELS AND MOTELS

A. Minimum lot size: Two (2) acres

Minimum lot width: Two hundred (200) feet

Minimum front setback: One hundred (100) feet

Minimum side and rear setbacks: Forty (40) feet.

B. Restaurants, cafeterias, swimming pools, newsstands, pharmacies, barbershops, hairdressers, gift shops, and other personal service shops for the convenience of guests may be permitted as accessory uses. With the exception of an identifying sign for the restaurant, no external evidence of these internal commercial activities is permitted.