by Alex Brooks
The Petersburgh Planning Board held a third public hearing on a “Glamping” (glamorous camping) development proposed for a lot on East Hollow Road. The project is proposed by Becca Benvie, and would include ten small structures designed for short term rental to tourists and vacationers. These tiny homes, with about 400 square feet of living space in each, will be served by driveways, two septic systems and two wells. They will have bathrooms, heat and electricity. The project is expected to cost in total about $1.5 million to construct, and the plan is to rent the homes in all seasons.
Benvie was not present, but her architect and her attorney were there to speak for her. This was the first trip to Petersburgh on this matter for her attorney John Hartzell of the Albany firm Nolan Heller Kauffman, LLP, but for the architect, Clemens McGiver, it was the fifth Planning Board meeting he has attended for this project.
The Planning Board was all present, and the hearing began with a brief description of the project from the architect McGiver. He said the intention is to keep the site as much as possible in its natural state. The homes will be powered by battery so as not to have wires running all around the property. The signs will be small, and there will be solar footpath lighting, but no street lights.
Neighbor Betty Weaver was the first to speak. She was concerned because the homes to be built are planned for sites about 300 feet from her property line, which she said would interfere with her ability to hunt on her land. She said Benvie had agreed to walk the property with her and discuss the issue, but that never happened. She said she opposes the project.
John Dorman said he and his wife are the only residents of the Taconic Vistas subdivision, and the lot on which the project is proposed is one of the lots from that subdivision. He said he does not think a commercial development is appropriate there. He was also concerned that if there will be no caretaker onsite, that trespassers will do bad things there, whether it be littering, starting forest fires, drug activity or drunken gatherings. He said, “Supervision will be needed.” He also wondered what will happen if the project is unsuccessful, as some other ventures in the area were (he mentioned the ski area at Petersburgh Pass). If it were to become bankrupt or be abandoned, what bad outcomes might that lead to?
Dorman also noticed that the lot had been purchased by an entity called Umbrella Tree Solutions LLC, a company that was established about a year ago, and he wondered who is involved in this company. Attorney Hartzell said the applicant Becca Benvie is the sole member of that company. He confirmed that she has purchased the land on which she seeks to build this project. He said she does not currently have any other investors in this project, but she may seek to find investors later.
Haltzell then pointed out that Petersburgh has no zoning. He said if you want to restrict certain uses in certain areas, that’s how you do it. But Petersburgh has not done that.
Concerning trespassers and their possible bad behavior, he said there are many properties in this Town and others which do not have someone living in them full-time. This is no different than any of those. But there will be a local person hired to supervise and maintain the property. He said his client will be making a significant investment in this project, and it is obviously in her interest to keep the place in top condition so as to attract guests and make sure the guests have a good experience.
Tim Church asked if the Planning Board had been in touch with DEC about this project and about what other permits the applicant may need. Board Chair Janet Spitz said Patrick Donnelly “has been advising us” about SEQRA and other matters related to this application.
Church and others suggested that a stormwater permit may be needed, but architect McGiver and attorney Hartzell said you only need a stormwater permit if you are going to disturb more than an acre of ground, and McGiver said this project will disturb less than an acre.
After the public hearing, the Planning Board went into an executive session to “consider possible litigation.” What litigation may be in prospect was not specified. There was no attorney present in this session.
Although notices about the meeting and the agenda had said there would be a vote on the Benvie proposal at this meeting, when the Board came back from its executive session, they said they wanted to meet with their newly-hired attorney before voting on it. The Board has hired Andrew Gilchrist to be the Planning Board attorney, but he was not able to attend this meeting. Gilchrist is the attorney for the Village of Hoosick Falls and the Brunswick Planning Board, and has extensive experience working for municipalities in Rensselaer County.
Planning Board Chairman Spitz said the Board wants to consult with Gilchrist before taking final action on this to make sure that the Board has done everything they need to do and followed the proper procedures.