In recent meetings, the Planning Commission discussed the need to review the status of some businesses. Last week, the commission asked several business owners to respond to show-cause letters about deficiencies.
The show-cause letters covered some businesses operating under Conditional Use Permits, and others grandfathered as legally non-conforming businesses. Commissioners revoked the LNC status of properties at 11 Singleton St. and 256 Spring St. No one represented those properties at the meeting, although they had received notice.
Neither of those properties currently operates as a bed-and-breakfast establishment. City ordinances allow the revocation of LNC status if a business does not operate for six months. Owners of those properties can still apply for a CUP to operate as a B&B.
Failure to operate for six months also invalidates a CUP, and Draxie Rogers was asked to explain the recent history at 5 Ridgeway Ave. She said she closed during the Covid pandemic, but has remained open consistently since then, although she has been closed for repairs since February due to difficulties with contractors. Rogers said she files a monthly form with the City Advertising and Promotion Commission stating her temporary closure.
Rogers said she hopes to re-open by the end of the year. Commissioner Ann Tandy-Sallee suggested postponing a decision on the show-cause order until Rogers completes her repairs. Rogers will need a new certificate of occupancy (CO), which the commission can require after a remodeling project.
Rogers then complained that commission Chair Susan Harman has a “conflict of interest,” since she also operates a B&B. Rogers said B&Bs have been “hammered with regulations” in the last five years. Since a hearing might eliminate some competition, Rogers said Harman should recuse from voting on a B&B application.
A similar situation at 7 Kingshighway led to a show-cause order for owner Rob Strauss. He bought the grandfathered property in February and described the process of assessing and making needed repairs. He said his renovation project will be completed in two or three months, and commissioners postponed a decision on the property until he completes the work and obtains a CO.
1 Washington St.
Bill King and John Rankine own a property at 1 Washington that was divided into four apartments. The multi-family housing was grandfathered, but gutted by a fire in March 2022. During the repairs, a stop-work order was issued because of changes to the exterior. That SWO was upheld by Planning in May 2023.
King said previous Building Inspector Jacob Coburn had imposed impossible standards, but a new building official is in place. Commissioner Michael Welch acknowledged that “a lot of people had problems with the previous building official.” He added, “Given the need for affordable housing, we should do everything we can to make sure this project is continued.”
King also answered questions about a change to the exterior. He said the fire marshal had required the removal of an added room that did not have adequate egress in case of a fire. King also said the project had been slowed by difficulties in locating a structural engineer and said the project might require another six months, but asked for assurance that it could still be operated as four units. Harman said the LNC status had not been revoked, and the show-cause order would be pulled if the owners meet their requirements in the repairs.
The commission will revisit the application in January.
8 Washington St.
Commissioners initially had some complaints with the status of a B&B at 8 Washington St. Owners Jonas and Jamie Funston listed the on-site manager as a neighbor across the street. Welch pointed out that codes specifically forbid this arrangement. Funston explained that the arrangement with the neighbor came about after problems with an on-site manager. The property is not advertised as a B&B, and other forms of tourist lodging are not allowed in residential areas. CAPC taxes on the property have not been paid since November 2023.
Funston explained that he thought Airbnb would automatically make the tax payments, as they do with properties he owns in another state. He mentioned the amount of money spent to purchase and upgrade the property, and said he was prepared to take any necessary steps to remain in compliance.
“Nobody wants to take a license away,” Harman said. She outlined several requirements, including a new CO, proof of tax payments, and a verified on-site manager. The property will have to be advertised as a B&B. Commissioners voted 4-1 to postpone a decision until next month.
- An application to transfer a CUP to a new property owner received unanimous approval. At 50 Wall St., new owners David and Anthony Price Riccadonna will live on-site at The Woods Cabins and offer short-term rental. No one opposed the transfer during a public hearing, and Tandy-Sallee said, “This is a beautiful place, and I’ve never heard a complaint.”
- Tandy-Sallee said she will distribute the draft of a new B&B ordinance before the next meeting.