Shandaken Planning Board Talks Hotel, Permits, and Gatherings

Staff Report

SHANDAKEN — A public hearing was held to discuss Robin Cornish's application for a special use permit to construct a single-family residence within 100 ft of a stream bank in a residential three-acre zoning district. Cornish requires a special use permit and has worked with the DEC and representatives to ensure the project is respectful to the environment, with a minimum 50 foot setback from the stream.

A second public hearing is held to discuss the Wellington Hotel restoration project, an adaptive reuse of the existing hotel to create 10 multifamily affordable housing apartments. The applicants, Wellington Blueberry, LLC and RUPCO, Inc. for administrative reviews under

the New York State Environmental Quality Review Act (SEQRA). Residents such as Jan Jaffe, president of Wellington Blueberry LLC and Friends of Pine Hills Historic District, Derk Jackson, a resident unrelated to Wellington Blueberry, Gigi Loizzo, owner of Belleayre Lodge and board member of Wellington Blueberry, and others spoke in favor of it, highlighting its potential to enhance the local community and environment.

There was a discussion about a class two home occupation permit and the resolution of an offsite staging issue, with the applicant agreeing to use a turnaround on route 28 for staging, and the logistics company using a specific address for the pull-off.

The applicant had been having issues with truck drivers coming to the property, but this has been resolved by removing the physical address from the bill of lading, so drivers can only go to the designated pull-off area.

There is a separate issue with a notice of violation for storage of commercial equipment on residentially owned property, which the owner has appealed, but the class two home occupation permit is being considered as a way to mitigate the problem. The owner is required to minimize the time that units are left at the staging area, and Speedy's Towing is used to pick up the units, with the goal of resolving the issue and allowing the business to operate. The Police Department recommended three locations for access, with one being east of the property, and it was discussed that trees must be planted within a certain timeframe. The board discussed the need for a motion to send the application to the county, with conditions such as the planting of trees and the submission of a short form environmental assessment. and the permit being non-transferable to future tenants. Concerns were raised about noise propagation and the potential impact on residential neighbors, with suggestions to minimize noise and create a buffer zone.

The Leeway, owned by Perpetual Space LLC, has submitted an application to host gatherings at its location, 5191 Route 28 in Mount Tremper. Jeremy Bernstein, owner of The Pines in Mount Tremper, supports The Leeway's application, citing the benefits to local businesses and the property's suitability for intimate gatherings. It was noted Patrick McGann, a local resident and business owner, also supports Leeway's pursuit of a special permit, while Jean M. Maloney, an adjacent neighbor, expresses concerns about the potential noise and impact on property values.

The planning board discussed Leeway's application, with some members referencing an Article which states that music should not be unreasonably audible beyond the property line, and considers the potential precedent for other residents in the town of Shandaken.

The town is considering an extension of a special use permit for the Crossroads project, which has been extended multiple times since its initial approval in 2016. Some board members express concerns about automatically extending the permit, citing changes in the town and community since the project's initial approval. A motion to extend the permit for one more year was made, but it did not carry due to lack of support from the required number of board members. The board discusses the need for a public hearing to gauge community feedback on the project, with some members arguing that it is necessary to consider the community's current thoughts on the project as it has changed since the initial application.