Planning Commission Meeting - July 17, 2023

The Hudson Planning Commission convened on Monday, July 17, 2023, at 7:30 PM at Town Hall, 27 East Main Street, for a continued public hearing regarding Western Reserve Academy's proposal to convert a grass athletic field into an artificial turf field with lighting. The meeting was called to order by Chair Ronald Stolle, with six commissioners present (Ms. Jones, Ms. Norman, Mr. Nystrom, Mr. Stolle, Mr. Vaughan, Mr. Furbee) and one absent (Mr. Romano). The meeting adjourned at 8:52 PM.

Public Comments & Testimony

• John Bourassa (429 N. Main Street) expressed support for the field, noting the relocated lighting poles are less intrusive and that he found the Academy's explanation about "mission-aligned partners" adequate. He also raised a concern about a possible association between artificial turf and glioblastoma, citing cases among Philadelphia Phillies players and local connections, but stated he still supports the project.
• Paul Bartlo (265 College Street) voiced support for the field and lighting, stating that the Academy's presentation convinced him of the need for the field to remain competitive.
• Suzanne Walker Buck (Head of School, WRA, 223 College Street) thanked the commission and neighbors for dialogue, stating WRA seeks to be the best neighbor and is eager for a solution that works for all.

Discussion Items

• Chair Stolle's opening remarks: He distinguished WRA as a private institution without access to public funds, noted the Comprehensive Plan supports educational institutions, and defended the Academy's use of "aligned partners" during summer months. He also referenced a youth football program that benefited from WRA's earlier cooperation.
• Commissioner Norman's procedural concerns: She argued the application was illegal because the proposed use (lighted athletic field) does not fit the conditional use definition of "school" in the Land Development Code (LDC). She contended the field should be treated as an accessory use, but WRA already exceeds the limit of four accessory structures. She also noted the application was incomplete (missing wetland study, ownership affidavit) and that staff withheld information from the commission and public. She stated the chair should have removed the item from the agenda.
• Commissioner Jones' response: She acknowledged the hybrid nature of the use (school and commercial/recruiting) but cautioned against a "form over substance" approach, citing case law that commissions should not let form override substance when the underlying use is permissible.
• Chair Stolle's rebuttal: He stated the LDC is not perfect and requires interpretation, that pulling the application on one member's interpretation would have been a dereliction, and that the Comprehensive Plan guides interpretation.
• Technical discussions:
  • Life expectancy of turf field: 10–12 years.
  • Chemical mixing area on sheet C-6: applicant said it is an error; no chemicals are mixed on the field.
  • Mineral rights: applicant did not know if Pin Oak Energy Partners had given written permission for construction over easement; applicant will follow up.
  • Parking: staff stated required spaces are based on student enrollment; Commissioner Norman questioned whether the use as a recreational facility would require more parking.
  • Lighting: staff cited an exemption for outdoor public and commercial recreation uses (Section 1207.14B); Commissioner Norman argued WRA is private non-commercial, so exemption does not apply. Lighting height in District 3 limits poles to 16 feet; 80-foot poles proposed.
• Staff comments: City Planner Nicholas Sugar acknowledged missing documents and committed to using checklists and more diligence in the future. Assistant City Engineer's comments will be addressed.

Key Outcomes

• Motion: Mr. Vaughan moved to approve the Conditional Use and Site Plan (Case 23-543) for the WRA turf athletic field at 115 College Street (Parcel #3200224) based on plans received June 9, 2023, finding compliance with LDC Section 1206.02(b) and special conditions 1206.02(c)(1),(2),(11),(12) & (14) for private secondary schools.
• Conditions:
  1. Lighting shall not exceed 10:00 PM.
  2. The comments of Assistant City Engineer David Rapp (July 5, 2023 correspondence) shall be addressed, including specific reference to sheet C-6 confirming no chemical mixing area.
• Vote: 5 in favor (Ms. Jones, Mr. Nystrom, Mr. Stolle, Mr. Vaughan, Mr. Furbee) and 1 opposed (Ms. Norman).
• Other Business: Commissioner Norman raised concerns about incomplete packets and affidavit forms. Staff committed to including all submittal items in future agendas and using checklists. Commissioner Vaughan praised staff professionalism. Staff noted upcoming LDC amendments and a potential backup meeting on August 28, 2023.
• Adjournment: Motion by Ms. Jones, seconded by Mr. Furbee, unanimous vote at 8:52 PM.