Elliott can host 15 events after all, but with no more than 150 guests

The roughly three acres that Ron Kay wants to develop on Route 85A is sandwiched between Falvo's Meat Market, to the left, and Stonewell Plaza, to the right.

NEW SCOTLAND — Cynthia Elliott got most of what she’d applied for a year-and-a-half ago — a special-use permit that will allow her to have 15 events at a pavilion on the property where she lives on Brownrigg Road. The decision followed a series of meetings that had packed Town Hall with those both for and against the proposal.

Neighbors near the venue had complained about traffic, noise, harm from drunk drivers, and decreased property values. Many of those supporting Elliott’s plan had spoken of the need for both business and open space in New Scotland.

At its May 2 meeting, the New Scotland Planning Board also heard an update from Ron Kay on his proposal to build a retail development in the commercial district on Route 85A. And the board heard more from David Moreau about his plans for a 19-lot residential subdivision on roughly 50 acres on Youmans Road.

At its April meeting, planning board members had agreed that Elliott should be limited to eight events per season but, on May 2, they agreed instead to the 15 Elliott had requested — with restrictions.

One of them — and this one rankled Elliott — was that the number of guests would be limited to 150. She had requested 200. She will be allowed to hold events from May 1 to Oct. 31, a slightly longer season than she had requested.

Also, Elliott has to let the town’s building inspector know in advance when she is hosting an event. And there are restrictions on amplified sound.

A local surveyor and former planning board member, Elliott had applied in 2015, as Triple S Farm, for the permit to allow her to sell wreaths, boughs, and trees at the farm’s existing pavilion in the winter and, in the off-season, to hold banquets in the facility at 20 Brownrigg Rd.

Elliott’s property is in a residential-agricultural zone in which a long list of uses are permitted, including airports, motels, and clinics as well as “restaurants and taverns.”

At the May 2 meeting, Elliott’s lawyer —  Genevieve Trigg with Whiteman Osterman & Hanna — told the board the 16 conditions it was imposing would “mitigate the impacts” on the neighborhood.

Daniel Leinung, who was not at the April meeting, said neighbors had objected to “late night, weekend stuff” and proposed allowing Elliott to hold eight events on weekends and the rest on weekdays not to exceed 15.

Jo Ann Davies reversed her views from the April meeting, saying that, over a six-month period, 15 events at one per week would still leave nine weeks with no events. “I was comfortable with the 15, looking at it that way,” said Davies, adding, “I did a total reversal.”

In the end, the board agreed to 10 events on Friday or Saturday, which can run from 10 a.m. to 11 p.m. and another five events on Sunday through Thursday, which can run from 10 a.m. to 8 p.m.

“Thanks, Cindy, for your cooperation...You’ve been pretty open with us,” said Leinung near the end of the meeting. “I hope you see us trying to be responsive to your concerns...We have to mitigate impacts on the neighborhood.”

“It’s been a long and arduous process,” said Elliott after the board’s unanimous vote, approving the special-use permit with conditions. She thanked her supporters and said she would be holding a fundraiser, which she stressed was a “private party” — and therefore not one of the 15 events for her business — “over which you have little say,” she told the board.

Elliott said her supporters are invited to the party, which will probably be held in July. “They can come as my guests,” she said. The party will be a fundraiser for the Clarksville Historical Society, which has purchased a historic store in need of repair, said Elliott.

 

The Enterprise — Melissa Hale-Spencer
Pointing to his plans, Ron Kay describes for the New Scotland Planning Board the retail center he wants to build near the intersection of routes 85 and 85A, in a commercial zone.

 

Retail

Ron Kay displayed sketches of how the now-vacant land — about three acres — near the intersection of routes 85 and 85A, between Stonewell Plaza and Falvo’s Meat Market, would look if his plans are approved.

The land had been the center of a controversy eight years ago when the Cazenovia-based firm, The Sphere Group, had said it would buy the 179-acre Bender melon farm, located off of Route 85A, and build a 750,000 square-foot mall. Citizen protests led to an eventual size cap on retail space.

The mixed-use development proposed by Kay, first reviewed by the board last June, was to incorporate about 30 apartment units for residential use and 16,000 square feet of retail space.

As the board looked at Kay’s sketches last week, member Christine Galvin, noting the corner towers topped with pyramidal roofs, said as she pointed to center the towers “I want to put pyramids on top of those two towers.” None of the other board members shared her enthusiasm for the idea.

Kay said, “The character of the buildings will be aided by the tenants.” He said, for example, signs would be added to the plain facades. Planning board Chairman Charles Voss said that landscaping “will soften the look.”

Voss also said, “The sooner you get escrowed in, the sooner we can get engineers digging into the plans.”

Moreau’s subdivision

David Moreau has submitted an application for a 19-lot residential subdivision in a commercial district on Youmans Road. The Voorheesville Village Board has approved 40 water taps for Youmans Road, which had been requested by Moreau.

Referring to the village attorney, Voss told Moreau, “Richard Reilly said they would provide enough for your development and all of Youmans Road.”

R. Mark Dempf, the town’s engineer, said there is a master meter at the nearby Colonie Country Club paid for by another developer.

Moreau told the planning board that he had “sacrificed” three lots for a public-access park. “You guys wanted green space,” he said.

Moreau also said, “I’ve got old, original railroad maps. One of the reasons the ground is so wavy is they mined for the railroad,” he said of gravel banks.

The bulk of the board’s discussion with Moreau had to do with the proposed roads and driveways for the development.

“I’m not comfortable with the shared driveway,” said Davies.

“We’ve been skittish about common driveways,” said Voss. “The town ends up getting the brunt.”

“What if there is some legal document?” asked Moreau. He also said it would take “a lot of excavation to put in two more driveways.” Noting the “significant” expense, Moreau said, “I’d don’t know if I’d be able to make that work financially.”

Voss said, “It might be easiest to run two driveways up [lots] 2 and 3.”

In the end, Dempf said he would meet with New Scotland’s highway superintendent to see if the town would be willing to maintain a road in Moreau’s development.

Other business

In other business, the planning board:

— Approved the annual renewal of a junkyard license for the Dunston Brothers. “Everything looks good. We didn’t find any violations,” said Building Inspector Jeremy Cramer.

Planning board member Thomas Hart asked how many cars were in the junkyard. “A couple of thousand,” responded Diane Dunston. “They’ve done a nice job of cleaning it up,” said Voss;

— Received an application from Tracey McMahon for a special-use permit to allow chickens to be kept on a three-quarters-of-an acre parcel owned by Nancy Deschenes in a residential-agricultural district at 38 Maple Rd.; and

— Received a special-use permit application from Joseph Puorro on behalf of the Farlin Corporation to allow for a small waste-management company to be housed in an existing building that received site-plan approval in 2012. The property, owned by the Farlin Corporation, is in an industrial district at 129 School Road.

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