By Chris English
SCHOHARIE COUNTY — A Monday, Oct. 6 Schoharie County Planning Commission meeting to review a proposed new resort in the Village of Sharon Springs and Town of Sharon devolved largely into arguments between two attorneys and commission members.
Hoshino Resorts New York LLC is proposing a Japanese hot spring inn with many different features on 57 acres at 247 Main Street near Beechwood Road. Fifty of the acres are in the Village of Sharon Springs and seven in the Town of Sharon.
At the Oct. 6 County Planning Commission meeting, attorneys Libby Clark and Michelle Kennedy went back and forth with Planning Commission members over matters of the SCPC's exact jurisdiction and role in the matter. Clark is the attorney for the applicant and Kennedy is attorney for the Village of Sharon Springs who also advises the Sharon Springs Joint Planning Board on matters involving the village.
The SSJPB is the lead review agency for the proposed project and will eventually vote on site plan approval. Kennedy said the joint planning board has issued a negative declaration, meaning that in its judgment the project will have no adverse environmental impact.
When Kennedy pointed out near the start of the discussion at the Oct. 6 County meeting that the County Planning Commission's jurisdiction over the matter was limited to matters of inter-municipal or countywide impacts, it seemed to set off a running back-and-forth that at several points was rather heated.
Kennedy and Clark said Delaware Engineering is acting as the Sharon Springs Joint Planning Board's expert on the project and has thoroughly reviewed aspects like what impact mineral baths that would be part of the resort would have on wastewater treatment.
"Delaware Engineering is monitoring to make sure there is no adverse impact on wastewater treatment," Kennedy said.
As the discussion went on, County Planning Commission members grew frustrated at the two attorneys' reluctance at times to address issues they felt were not in the commission's purview, and commission members felt like they were being talked down to. They felt they were just doing their jobs by asking questions of their own.
"You're peppering us with questions that have never been put in writing," Kennedy said at one point. She added that as Sharon Springs Village Attorney her job is to look out for the village's best interests in terms of economic development and other issues and make sure that statutory time limits for reviewing the project were met and not unduly drawn out.
County Planning Commission member Ron Ketelsen said the commission did not receive a report from Delaware Engineering until Sept. 16 and this was the first meeting since then.
"This board is not happy with the fact there are questions unanswered. They have questions they would like to have answered," he said.
Commission member Dolores Benedict added "I guess what we have to say doesn't mean anything."
Clark indicated she was trying hard to understand and resolve questions and issues raised by commission members while also complying with all applicable rules and laws and representing her client. She tried to steer the discussion into a more conciliatory tone but got frustrated at times.
"I take exception, they are inappropriate," Clark said in response to some comments made by one Planning Commission member.
At the end, the SCPC voted 7-2 with one recusal to approve a motion made by member Jim Buzon to recommend approval of the project. However, the approval comes under the condition that Delaware Engineering provide written assurances _ with copies to the SCPC _ that waste from the resort most notably from the mineral baths will not cause harm to micro-organisms at the wastewater treatment plant and that the village water supply is sufficient to extinguish a major fire at the facility should one occur.
Some resentment lingered among County Planning Commission members even after the vote had been taken and Clark and Kennedy had left.
"That was an attack on us, we were manipulated," one member said.
The proposed resort would be open to guests and staff only and would include 30 guest room units, each with its own outdoor heated mineral water bath; a shop; library; lounge bar; multifunction space; all-day dining area; fine-dining restaurant; a spa including meditation baths and room for individual spa treatments.
Back of house operations will include staff housing, offices, laundry, storage, mechanical and maintenance facilities and other staff support facilities. Also proposed are passive recreation trails and open space area, as well as infrastructure both on and off site to support the proposed project including but not limited to water, sewer, Storm water, transportation, lighting and landscaping.
In other actions from the Oct. 6 County Planning Commission meeting, the group voted to recommend approval of a variance and subdivision at a parcel co-owned by Chevy and Ron Rose at 5714 State Route 30 in the Town of Schoharie.
The subdivision will allow for construction of a house on the new parcel. The variance is needed because the "new parcel will have a 60-foot strip going to Route 30, creating a flag lot and need for a variance for the frontage," according to a document in the file for the proposal.
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