Buffalo Rising Online

If Russell Maxwell was on the neighborhood email list, this may never have happened. It sounds to me like the neighbors only look out for those who are in the clique, new people need to earn their trust before anything can happen. It sounds like a horrible place to live!

What is the insinuation about what the former neighbor "was"? What is the insidious logic that applies a former owner's activity to that of the next?

Well if Russ lives there, he can just about invite anyone to stay over for whatever reason as his guest and then his "guests" could make a "suggested" donation to support a restoration fund, which could be tax deductable. Kind of f*&^% you all doesn't it?

The ridiculousness continues.

Russ, it's your place. You can have anyone you want visit.

"Certainly, charging $300 per night could have brought trouble," according to the source. "The grapevine had it that there would be fundraisers held there also."

How could charging $300 per night have brought trouble? Charging by the hour might bring trouble, but rates that mirror the fanciest rooms in the city hardly seem like an invitation to yokels and thugs. And fundraisers? Well, obviously that just won't do . . .

It's a good thing these people aren't "too elitist."

I live on a street that, in terms of cohesiveness, is a tight group as well. We have an email list of more than 100 to keep everyone up on what happens. We throw block parties and coordinate block sales, and we too look out for each other. Our block club is decades old and former residents still attend our meetings. Cohesive, informed and territorial; we are also a "strong unit".

Like Tillinghast, parking is limited on our street and any additional activity on or arround our street causes issues. Want to know the best part? There is a fully operational B&B at the corner. As far as I know, the activity of the B&B has in no way negatively affected the quality of life of its neighbors. I realize the buisiness model would be slightly different at the FLW house (no permenant resident) but any suggestions that property values would drop, noise would be an issue, parties would be out of control, etc appear ill-concieved and pre-mature.

Instead of a pissing match about how/if/when/who he presented this, why not work together to find a solution that works for everyone? How horrible that yet another oppurtunity for our city is lost and ruined by myopic obstructionists.

This whole ordeal is totally ridiculous in my opinion. Here is someone investing in Bflo and the neighbors are against it. I don't know how the neighbors at the Martin House will do it?! If they can do, cerrtainly can these people on Tilinghast. I figure people are closed minded, old conservatives with no vision, people with no true understanding of the facts and development, or people who are pissed b/c they didn't think of this great idea! I would be so for this idea. When I heard about it, I thought this would be just awesome for Bflo...but no, neighbors rejected it. Why do they have so much power over development?!? I work in the architectural field and I see the towns giving the neighbors way too much credit and power to stop or go ahead with projects.

I think the most telling line in the whole piece is: "I liked the idea in theory, but I didn't think [Russell] Maxwell was likely to pull it off anyway."

This is so typical Buffalo. Someone has a good idea. There is not 100% chance of success. So lets fight it and ensure it doesn't succeed. Because my status quo, while sub-par, is tolerable. There is a chance things might get better. But there is also a chance it will fail. Better to not try at all.

As a small business owner in this town, the most defining charactistic I've seen that is holding us back is aversion to risk. Not every business or political venture succeeds. But that's not a reason for not trying!!!

A FLW inn (or B&B, or hotel, WHO CARES WHAT ITS CALLED - its not like people who own hotels don't take care of their property just because they don't live there) would help tourism in our city. Someone wants to spend their own money on it. But there is a chance it won't work. And no one checked with us, self-proclaimed arbitors of our neighborhood, beforehand. Let's kill it.

Neigborhood identity and ownership is great. But that doesn't give the residents veto power. That's why we have laws. Lack of courage causes another loss for Buffalo.

The former resident (a physician, I believe) had a habit of bringing hookers back to the Davidson House. All the neighbors knew about it. That is what they are referring too.

I live on Tillinghast and find this thread's generalizations about the people on my street and our 'elitist' attitudes simplistic and facile.

Many of us honestly thought the idea of a bed and breakfast was a great one. I, for one, figured that meant the place would be beautifully restored, regularly occupied, and a quiet asset to the neighborhood and the city.

The revelation that it would be unoccupied when not in use, and unsupervised when it was, led many of us to assume that it could potentially become a destination for weddings and large parties. The attendant traffic and unpredictable activity would radically alter a thriving neighborhood in a city that has too few of them.

It is entirely customary and sensible for people establishing businesses like this one to secure buy-in from neighbors before taking steps like placing ads and accepting reservations. That this was not done certainly led many of us to believe the owner was attempting to do an end run around us.

I know I speak for most people on the street when I say that we have no interest in obstructing the city's growth. In fact, we support it every day by living here.

I don't think my last post made it...the annoymous resident's explanation is downright hysterical. I've toured the home...there's no water in the basement, and the bedrooms are fine...for Pete's sake, the house is 4,000 sq feet.

And what's this about approaching Frank Lloyd Wright? The guy has been dead since the 1950's! Bizarre!!!

While generally upset over this situation, I could understand the neighbors questions. But after hearing because Russ Maxwell wasn't a part of their e-mail group and they weren't notified properly???? They are disgusting, miserable people. Shame on you Tilllinghast for once again, holding Buffalo back.

Again...it's not a B&B...it's not an Inn...it's not a commune...it's a house you can rent.

For the record, I have rented the Frank Lloyd Wright's Penfield House ($275 a night), outside of Cleveland, the first weekend of this October. On my contract, I can only have 5 overnight visitors. At the Penfield House you are allowed to have a small party (up to 25 people). Russ consulted the Penfield's owners often when preparing the Davidson House. He stated numorous times...THE DAVIDSON HOUSE WOULD NOT BE ALLOWED TO HOST PARTIES. Plus, Russ stated numerous times that he would rent the house out for a few years, before eventually moving in by himself.

Here again, the Tillinghast residents chose to listen to what they wanted (or received from their little e-mail group).

Lighten up, Perry. If the owner had taken the step of actually secured a zoning variance before launching and publicizing his business, we wouldn't be having this conversation.

I love the hypocrisy from the majority of you. The same people who are chronic whiners when it comes to not involving the community in projects and not having public input.

By your standards, the residents of Tillinghast Place have every right to oppose a potentially detrimental and controversial project taking place in their back yard.

Stop talking out of both sides of your mouth. On one hand you repetitively praise obstructionists like Tim Tielman on this site for doing the same thing the neighbors of this proposed FLW B&B have done but proceed to view them in a negative light.

The difference is in the content of the complaint. Some complaints -- like the attempt by Park Lane residents to kill the Gates Circle condo -- are bogus and have been ridiculed here. Others have been judged to have merit. Not hard to understand.

Einstein: If Mr. Maxwell were on the email list…No one barred him from getting on the list. When other people move onto the street (oh my! Some people actually want to live on the street!?!), they introduce themselves to others and then are asked if they want to be on the Tillinghast Place email list (horror of horrors!). Mr. Maxwell never made himself known to anyone on the street until after the first BR piece appeared.

What a horrible place to live? But what a great place to rent a house for a few nights, correct?

Al-alo: No one is stopping Mr. Maxwell from spending any money on the house. I believe he has been, but that doesn’t mean he can instantly turn it into a business. I’ve spent money on my house, does that mean I can turn it into a Walgreens?

Matthewjohnp: Kind of &**!8 us all? If Mr. Maxwell moves into the house and has guests? I don’t see how that &*()*& anyone. I would say everyone would be happy if he moved in. And your attitude as to what Mr. Maxwell should do with the house seems to indicate that you have some sort of grudge against a bunch of people you don’t know and no real concern about the house or Buffalo.

Smitch83: What was once a great opportunity is a private residence that has been a private residence for nearly 100 hundred years, in the middle of a residential area. It was not a great opportunity for Buffalo, it was an opportunity for Mr. Maxwell to make money.

You and others have commented on the fact that $300/night is not going allow college kids from renting the place. The plan was to rent it out to up to six people per night (more could be there, but not overnight, and certainly the police would be checking to make sure this was the case. NOT!) SO at $300 per night for six people is $50 per person per night, for a whole house. A very good deal really. As I posted previously, this is cheaper than a Red Roof in Amherst (where you get only a tiny room). So, I don’t think that the price was really that prohibitive. And, contrary to conventional wisdom, no one is being asked to sign a loyalty oath to FLW or being given an exam on FLW architecture before being allowed to stay in the house.

al-alo: Sorry, I misunderstood your previous post. But, it would be pretty tough to fit six people into a red roof room for a night. Maybe a suites-type place...

Not really bad blood...at least not for everyone. However, Mr. Maxwell did not (to my knowledge) ask anyone from the street for input, he did not ask for for suggestions of any kind. It still does not change the zoning issue.

Perry: You are indeed fortunate to have gotten a tour of 57 Tillinghast Place, more than almost all the neighbors have gotten. Certainly there is nothing wrong with that, but do you think that is the best way to present yourself and your plans?

As far as being disgusting and miserable, I would have to disagree. Too many people posting on BR regarding the 57 Tillinghast Place house have felt it necessary to call the residents many names, yourself included. It doesn’t seem to be a very civilized way to behave and speaks much more of you than of the residents of Tillinghast Place.

Regarding the Penfield House, it is located in a neighborhood similar to the 57 Tillinghast Place house, correct? Do you know what the zoning is there? My understanding is that it is located on a 25 acre piece of property, not exactly like this situation.

And, I know that you would be willing to stay at the 57 Tillinghast Place house to make sure that all the rules are followed, correct?

And regarding Mr. Maxwell’s statement about moving in, he is welcome to do so at anytime and certainly can be added to “our little email list.” (BTW, what is wrong with being on a listserv? No one who blogs here is on one?).

Indeed Mr. Maxwell said that in a few years he plans on moving into 57 Tillinghast Place (Why not now?). I assume that Newell will post something about the great loss to the world and what a disservice this is to Buffalo if he moves in and deprives everyone a chance to stay at the house? And I assume everyone posting here will also decry his plans to do so since it should always be available to rent...

i cant think of anyone who has more of a right to complain about a residential propert going commercial that the other residential property owners on the street. why should the accept the problems that go with a business like this with no benefit . if this was zoned commercial this would be tuff luck for the other property owners but if its not then tuff for mr max

Al-alo: I prefer to stay at B&Bs ;)

I know that Mr. Maxwell had posted a 2 night min. I also thought he had taken down the website, which he has not. Really, I am not concerned about what clientèle the rental would attract. Anyone could be noisy or quiet, regardless of their income or collegiate level. My point is that the amount is not so outlandish for a whole house. Also, the cost, like everything else, is not set in stone. A few clicks to edit the html et voila! The price is now $200/night with no minimum stay. No zoning hearing, no consultation with the neighbors (not that there has been any). Not realistic? An exaggeration? I don’t think so.

The problem is the variance for commercial use in R2. It sets a precedent that I don’t think is good for this or any neighborhood. I don’t see how any “negotiations” can change that. And I haven’t torn up any invitations or detailed business plans from Mr. Maxwell. This is a business for Mr. Maxwell; he can afford to devote significant time to this. I devoted “free” time to dealing with this situation, so I don’t think it is up to me to have to initiate a solution to work things out so that Mr. Maxwell can make money.

Becker: Thanks for your opinion. Your comments are very interesting, despite starting off by insulting me and my neighbors. Is this how you talk to everyone?

NIMBY means not in my backyard. I am not “for” rezoning the property to a commercial use in anybody’s back or front yard, so I can’t be a NIMBY. You state that I (and the neighbors of the 57 Tillinghast Place house) made some judgment based on limited information. Just what information were we lacking? What information do you have that we did not/do not have? Please let me know, because it must be very important to have helped you make your mind up about this.

Pitchforks and torches? I don’t own either…sorry, I do own a torch, if you mean a flashlight. But, I must confess, all residents of Tillinghast are required to own rulers for measuring the height of the grass in their yards; maximum of 0.75 inches above the lowest spot in the yard, enforced with a fine of $45 for the first offense. We don’t enforce this during the winter, but then there is the whole enforcement of icicle length from the eaves thing that is just too controversial to get into here.

I haven’t seen All in the Family in years, so you’ll have to remind me what his neighbors were like. I think that the Jeffersons lived next door for a while, until they got their own show, correct?

No, I do not own nor did I attempt to own this (57 Tillinghast Place) property. It was never put up for sale publicly, so I never had the chance to buy it. However, when Mr. Maxwell bought the property, it was, and still is, zoned as a residential (R2) property. The city (not the neighbors, the city) decided that he needed to acquire a variance for commercial use to operate his business as he wanted. We were opposed to that, and Mr. Maxwell withdrew his request for a variance. Now, explain to me what I did wrong? Where do the torches and pitchforks come in. Let me know what of my limited information is incorrect, what I am missing, and what specifically I am scared of (besides grass over 0.75 inches long).

Actually, nobody rents the 57 Tillinghast Place house for any reason. Mr. Maxwell bought it, a private residence since it was built, and wanted to run it as a business for short-term rentals. This meant a variance was needed. In a residential area such as this, a commercial variance is not acceptable.

Finally, an expose on how bigoted we are? What in any of the postings here, or from any of your dealings with anyone in the neighborhood allows you to call us bigoted? Many, many people posting to this site about this topic have called the Tillinghast Place residents many different names, but I think this is a first for bigoted, and I am very offended by this. You do not know me, you have never met me, nor anyone in our neighborhood if you use that term. There is absolutely nothing about the opposition to a variance in zoning that makes this have anything to do with being “bigoted.”

Al-alo: The other B&Bs are not in R2 districts. And I don’t think the places are unstaffed, but I do not know this for sure.

I am missing something, I think. I am opposed to a commercial variance in R2. period. It has nothing to do with Mr. Maxwell, nor FLW nor the B&B on Linwood. I don’t think that this type of variance should occur. But it really is not up to me to have to do anything to help Mr. Maxwell make money, if I don’t want to. I suppose I could volunteer to cut the lawn and water the plants and take out the garbage etc, so that he could make more money using it as a rental, but I really don’t think I need to. I don’t “owe it” to him to do this. It is the same with saying, “OK let’s sit down and work out the situation you got yourself into by buying the house in an R2 zoned district.” Why is that my responsibility? I know what you are saying about the mortgage thing; having to do someone else’s job for them, but I don’t need to here. Mr. Maxwell is not doing this solely because he is kind and giving (which he probably is); it is a business.

If I were advising him, I’d say move in and enjoy the neighborhood. It is really a great place to live.

Al-alo: I’ve heard the “trial period” on the variance idea mentioned previously, but I don’t see how this changes anything. A variance to commercial use is a bad idea; it sets precedence beyond just the 57 Tillinghast Place property, and a trial period doesn’t change that. In terms of being practical, a trial period is not. Does that mean someone from the street has to plan on attending the planning/zoning board meetings every few months? Why should they?

But, for fun, assume a trial period for six months; what would mean “no renewal?” One loud person who stayed at the house? One group of 15? Three instances of noisiness? Anything? Who has to police this? Etc. etc etc. I covered all of this in the previous thread (Give it a chance). The burden for all of it would lie with the residents, which is wrong. We would have to police it and document it, and even then, it would be up to someone else to determine if it counted as reason enough to not renew it. It just is not practical. Aside from the fact the variance as a whole is bad.

I think dagner's comment sums it up well. The way Mr. Maxwell launched his venture indicates he was either a calculating sneak or an a inept businessperson. Our city has had enough of both over the years.

Didn't the former owner of this property operate his business from his home? There are a few other businesses operating on this residential street, is the Tillinghast Home Owners Association giving them equal scrutiny?

Bradon: As far as I know, the former owner of 57 Tillinghast Place did not run a business from his home. What are the “other businesses” being run on Tillinghast? Zoning (however overrated) does allow for certain things in R2. The “scrutiny” you are asking for needs to be done by the city or whoever regulates this, because if it is allowed in R2, it is fine.

I guess trying to preserve the integrity of a neighborhood is called 'activism' if you agree with it and 'NIMBYism' if you don't.

It's ironic and a little suspicious that this site and many of its readers are taking such a fervent pro-business/anti-neighborhood stance in this instance.

I understand that area residents would like to see Tillinghast reopened to two-way traffic. This would make the Colvin / Amherst intersection safer. I understand that there is going to be a council motion soon. Does anybody know anything about this?

Al-alo: If Mr. Maxwell wants to paint the house pink with purple polkadots, he can do it. I may or may not find that ugly, but that doesn’t matter. Just as I wouldn’t want anyone telling me what color to paint my house, I wouldn’t presume to tell him. Neglecting the property is a different situation. But he does own the property and he could tear down the house, if he wants (I guess anyway, I don’t know the laws of that). In terms of a rooming house or condos; I don’t think these are allowed in R2. A long-term rental certainly is, and if that is what he wants to do with it, again, no one cannot stop him, nor would I want to. I might not like it, but this is not about what I like or don’t like.

Would a long term rental be “worse” than a variance to a commercial use? No, I don’t think so.

Zoning certainly has been used detrimentally (wittingly or unwittingly) to promote suburban sprawl. But that is an abuse of zoning. It also serves to provide stability to a community, such as ours; you can buy a house with some confidence that the block won’t be turned into a zinc mine next year. It doesn’t mean we have to be a slave to a map, but random changes to suit one person’s business goals doesn’t work. Also, I have no problem with mixed use, you can choose to live above your storefront on Hertel if you want (actually, I’m not sure if you can, but I wouldn’t be opposed to it). If you choose to live somewhere and you know going in what the situation is, then I don’t think there is a problem.

In terms of converting a factory to offices, etc. Zoning allows uses “below” the level a property is zoned. In other words, an industrial zoned area can be used for commercial or residential. A commercial can be used for residential. R5 can be used for R4, R3 etc. And I have no problem with re-use.

This situation with 57 Tillinghast Place is very different; it was not a place that sat vacant for years because no one wanted it. It is a private residence, always has been. It is not of the scale of the Darwin Martin House, nor even most houses on Chapin or Bidwell. It is eminently ownable and liveable by many people, so there was not a crisis as to what would happen to it.

I am still baffled by your feeling that I need to help Mr. Maxwell with his business. Would Mr. Maxwell have had a different result if he first started communicating with the neighbors? Maybe. There would certainly have been better feelings, but I don’t know if the outcome would have been different.

I don’t think that a variance to a commercial use in R2 is acceptable. I don’t have a responsibility to try to work out other solutions.

I'm not sure I even follow what you're saying, al-alo.

Al-alo: I am starting to get lost also…I have no problem with communicating, but I don’t think there is anything that needs to be communicated at this point from me. Unless there is something new in the works that the neighbors are again not privy to, then there is no planning board meeting that I need to attend, therefore no “position” that I need to stake out.

I am assuming that by this point, you understand that Mr. Maxwell was looking to get a variance for commercial use in an R2 district and he decided to withdraw his request after the neighbors voiced their opposition? Whether he decides to rent it long term or move in or sell it is up to him. I am not stomping my feet and demanding anything from Mr. Maxwell. I am not trying to make Mr. Maxwell do anything. I was opposed to the variance. I suppose I could write to him and tell him, but I think he knows already.

Am I amiss because I have not communicated with you about what your plans are for your property? In the past, some people actually inquired about what was going on with the property (before some people even knew who owned it), and the response was “I can’t say.” So, when the first word of it comes out in BRO, and then in TBN, and then another slam piece by Newell calling the neighbors NIMBYs (not this article, the “How a few NIMBys…”) who exactly has acted in bad faith?

But, at this point, Mr. Maxwell is just like any other resident of Tillinghast (except that he does not live here), so, like other neighbors, we talk when (if) we meet. Don’t you think that the ball is in his court if he again decides to do something that would require a variance or some other legal change regarding the property?

BuffaloBloviator: I have not heard this about two-way on Tillinghast Place. Where did you hear it? I did hear that area residents would like to see Tillinghast dead-end at Colvin so there would be no light at Colvin to slow traffic…are these plans related?

Hmmm....looks like those middle-aged, well-educated, high-disposable -income- FLW buffs might be throwing keggers on Tillinghast. Residents of the block, I would be ashamed of yourselves. I moved back to Bflo from NYC because of our great residents - friendly and welcoming - our amazing architecture - mostly in the Delaware Park area and for our walkable neighborhoods. You have completely embarrased yourselves by your actions. What exactly are you afraid of? what a great opportunity for people to truly appreciate all our great city has to offer - by spending the night or two in a great (or so i thought) neighborhood. If I lived on the block, I would be ringing their doorbell in the am with a homemade coffee cake and a pound of Spot coffee. Nice big step back - thanks.

Al -Alo

Not sure what you find so incomprehensible about 'kfitzgerald' but that fact that you've resorted to making fun of screen names would seem to indicate that this conversation has run its course.

And as far as not getting things - someone tried to open a commercial business on a residential street and failed. Can't be the first time that's happened. If it had been a national company trying to do that instead of a friend of Newell Nussbaumer's, Buffalo Rising would likely be congratulating us instead of being home to all kinds of ill-informed hostility.

Over and out.

Over and out is right! There is no way to reconcile the differences of opinion. I like Kfitzgerald's assessment of the situation: Had this been a national chain moving in, then we would all be applauding the NIMBY actions, but because it involves a FLW house and a friend of the editor, well you know the rest.

It sounds like Mr. Maxwell made some bad decisions and didn't communicate well, he turned off the local residents to his idea and they protested. The deal isn't dead, but it is likely to be met with opposition at every future step. Let's end it and move on to the next great Buffalo Rising tragedy.

Al-alo: No, you will not convince me that a commercial variance in R2 is a good thing. And Mr. Maxwell knows where we live if he has new plans that require community input.

Kelly1: I also moved back to Buffalo after some years way, and am happy to do have done so too. But I should be embarrassed because Mr. Maxwell wants to run a commercial establishment in a residential area, but zoning doesn’t allow it? There are actually B&Bs that visitors can stay in, and hotels. And I am not afraid of anyone throwing keggers (unless they are thrown at other people). It’s not about who might or might not stay there, it is about the commercial business. I think this has been made clear throughout this thread.

It would be very nice of your to bring the guests coffee cake and coffee; do you do that already for people staying at the B&B on Linwood or the Mansion?

Al-alo: Parkside west National Historic district? I don’t follow. Did somebody alter the exterior of their house? Probably. Probably many people. I don’t get it? Is that not allowed? It seems that you continue to look at the 57 Tillinghast Place situation as a case of someone wanting to plant a tree in their yard or paint their deck vs. neighbors who don’t like that kind of tree or that color; thus, the solution is for the neighbors to come to a mutual agreement about what tree or color is acceptable. But, this is not the case.

Do the neighbors feel slighted? Yes, I would say some do. Others feel pretty upset. Others not so much. The problem is that you seem to be saying that this is the neighbors’ fault