Shandaken Planning Board Discusses Perpetual Space Venue, Cell Tower, Former Restaurant

SHANDAKEN – The Town of Shandaken Planning Board meeting last Wednesday addressed ongoing concerns regarding the Perpetual Space event venue, heard objections to a proposed cell tower, and approved a plan to renovate a former restaurant at 54 Main Street.

Michael Morello, representing the Perpetual Space venue, updated the board on the project's status. The review period for the board to declare itself lead agency under the state's environmental quality review (SEQR) process has not yet concluded.

Morello stated he attempted to contact the law firm representing concerned neighbors but received no response. He reiterated his client's willingness to negotiate with neighbors regarding noise limiters, hours of operation, event limits, and vegetative screening. 

"It is far more productive if I get my client together with the other side and talk about what could be done," Morello said.

The board reviewed their legal counsel's summary, which questions whether the proposed seasonal tent venue qualifies as a subordinate "accessory use" to the pre-existing hotel. 

"To me, it comes down to the question for this board is whether this proposed use can rightly be considered an accessory use," stated the chairman, reading from the summary. "If it cannot, then the board cannot approve this application."

Board members also raised concerns about the site plan, citing missing specifications for the tent, which the town code defines as a structure. Other missing items noted were an outdoor lighting plan, septic system details, and a finalized plan for the parking surface material.

The town's flood plan administrator noted the property is located in the floodway and lacks a required "no-rise" certificate to ensure development does not increase flood levels. The board decided not to act further on the project until the Zoning Board of Appeals (ZBA) provides an official interpretation of whether the venue qualifies as an accessory use.

A resident whose property neighbors a proposed 199-foot cell tower, voiced strong objections to the project. The resident stated the tower would be roughly 500 feet from her front window, devaluing her property and creating an unsightly visual impact.

The resident claimed the applicant's plan is inaccurate, showing utility lines on the neighboring property when they are on hers, and that the tower's fall zone would encroach 55 feet onto her land. 

"If nothing else, they need a survey before they even can come to say that they want a variance," she said.

Her concerns also included potential environmental impacts on wetlands and a rattlesnake habitat, as well as safety hazards related to military training flights in the area. The board advised Stahl to present her concerns and documentation at the ZBA's public hearing on the matter next week.

The board unanimously approved the plan for Andrew Wright to renovate the existing structure at 54 Main Street to its former use as a restaurant and nine-room hotel. The project is located within the 100-year flood plain.

The board granted the approval with the condition that the applicant works with the town's building department and flood plan administrator to ensure the project complies with all FEMA and local flood damage protection regulations. Outstanding issues include finalizing an elevation certificate to determine if the structure needs to be raised. A decision on signage was deferred to a separate, future permit application.