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B&B operating on privately owned road NYS

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bonnie walsh

Guest
What is the name of your state?What is the name of your state? NY

We purchased property in 2001, which gave only ingress and egress to two other properties on a one-lane private, steep, and winding dirt road. At that time, one of these properties was operating a B&B. The 10 year period in which to act will expire in 2007. Since this B&B has recently joined a 'cartel' of other B&Bs, traffic driving past our place has created a mass of dust and speed, and is a constant problem to the immediate neighbor of this B&B to access his property, due to the overflow of vehicles parked alongside of this one-lane road. We went to the town last October with our objections regarding this business operating on a privately owned road. Their comment was that it is zoned B&B. How can a town issue a permit for this business [or Home Occupation] as they prefer to call it, without requiring either a variance or special use permit, so that adjacent property owners could have had a chance to argue that the existence of a B&B dependent on a privately owned road should be denied? Hasn't the B&B owner violated his right of way?
 


HomeGuru

Senior Member
bonnie walsh said:
What is the name of your state?What is the name of your state? NY

We purchased property in 2001, which gave only ingress and egress to two other properties on a one-lane private, steep, and winding dirt road. At that time, one of these properties was operating a B&B. The 10 year period in which to act will expire in 2007. Since this B&B has recently joined a 'cartel' of other B&Bs, traffic driving past our place has created a mass of dust and speed, and is a constant problem to the immediate neighbor of this B&B to access his property, due to the overflow of vehicles parked alongside of this one-lane road. We went to the town last October with our objections regarding this business operating on a privately owned road. Their comment was that it is zoned B&B. How can a town issue a permit for this business [or Home Occupation] as they prefer to call it, without requiring either a variance or special use permit, so that adjacent property owners could have had a chance to argue that the existence of a B&B dependent on a privately owned road should be denied? Hasn't the B&B owner violated his right of way?
**A: on the zoning isse, if the B&B is an allowable or accessory use under the current zoning, then there is no vaiance, special use permit or public hearing required. Read your zoning regulations. Without reviwing the recorded row or easenemt agreement, we have no idea as to the alleged violations.
 

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