Planning Board OKs special-use permit to convert 24 Nelson Street from three to four units

The Auburn Planning Board approved a special-use permit Wednesday to allow AJS Housing to convert a three-unit dwelling at 24 Nelson Street into a four-unit building, with conditions that the structure meet building-code requirements and maintain an agreed 2.5-foot driveway setback.

City staff told the board the conversion triggers a special-use permit under the R-2 zoning district even though a four-unit structure is permitted in the district; the conversion itself is what requires board review. The applicant previously presented to the planning board on Dec. 3 and received two letters of support, including one from the neighbor at 26 Nelson Street and one from the executive director of the Willard Chapel, staff said.

The applicant also obtained an area variance from the Zoning Board on Dec. 23 to allow a fourth unit that is 147 square feet smaller than the 500-square-foot minimum the code otherwise requires. City staff said the special-use permit can be issued if the structure ultimately complies with the New York State Uniform Fire Prevention and Building Code during the building-permit process.

James Udall, who identified himself as representing AJS Housing, told the board the outstanding question is the extent of the sprinkler system required for the new loft/living space. "There's a 13D system, which is a smaller system that can run off of the water main... The City is contesting at this point that we should have a 13R system, which would entail retrofitting the entire building... at an exorbitant cost," Udall said, adding the developer expects a 13D system would cost roughly $7,000–$10,000 while a 13R retrofit could approach about $70,000.

Board members asked staff to clarify that sprinkler and other building-code requirements are enforced through the building-permit and certificate-of-occupancy process, not through the special-use-permit approval. City staff confirmed code enforcement and fire inspectors will review those items when building permits are submitted. Staff also noted the resolution contains conditions to record the driveway setback commitment and to require building-code compliance before occupancy.

The board first voted to adopt a negative declaration on the short environmental assessment form; the motion was made by Amy Sargent and seconded by Andy Tien. The board then voted to approve the special-use permit; the motion was made by Andy Tien and seconded by Fran Deloia. Roll-call votes recorded by staff were unanimous in favor (Andy Tien — yes; Fran Deloia — yes; Theresa Walsh — yes; Amy Sargent — yes; Crystal Cosentino — yes). The board’s approval allows the applicant to proceed to the building-permit stage and must meet the fire- and building-code requirements during that separate review.

The board advised that details about whether the entire building or only the new attic living space must be sprinkled will be determined by the fire and code officials in the building-permit review. Staff said those items are not gating issues for the zoning special-use permit but remain required conditions prior to occupancy.

Actions at a glance: The board adopted a negative declaration under the short environmental assessment form and approved the special-use permit to convert 24 Nelson Street from a three-unit to a four-unit dwelling. The applicant has an area variance from the Zoning Board allowing the fourth unit to be 147 square feet smaller than the usual minimum.

The board’s staff will send the applicant an email with the approval and next steps for building-permit filings.