TOWN OF WOODSTOCK
APPROVED PLANNING BOARD MINUTES
August 18, 2011
Members Present: Paul Shultis, Jr., Peter Cross, Allan Duane, James Huben, Lorin Rose
Members Absent: Paul Henderson and Tom Unrath
Others Present: Therese Fernandez, Secretary
Meeting called to order at 6:30 pm. Determination of a quorum.
Agenda: No changes.
Minutes: Minutes of June 2, 2011 were corrected. Adoption was postponed until next meeting.
BALKIN, ROZ & WHITCOMB, ROBERT, PB# 11-1178: Public Hearing for proposed Lot Line Revision application, transferring 9.68 acres from an existing 29.76-acre parcel, to an existing 5.29-acre parcel. New lots will be 20.08 acres and 14.97 acres, respectively, in R3 & R5 Zoning Districts, located at Lewis Hollow Road in Woodstock, SBL# 16.0-3-41 and SBL# 16.0-3-51; Rep: Colin Houston, PLS; PB Reps: Mr. Rose & Mr. Henderson
For the public, Mr. Houston said they have two parcels, one approximately 5 acres, one approximately 30 acres, and are simply redistributing the acreage, making the layout better.
Mr. Cross asked, if a new driveway is built will it be a shared right-of-way? It depends, Mr. Houston replied. Not known at this stage. The owners are giving some land to friends. The most that will likely be seen is a couple of times a year, there may be some tents set up by these people. Mr. Cross noted that it is unusual to have a lot line going down the center of a right-of-way (ROW); it is not clear because of the location. It is just a pedestrian ROW, Mr. Houston said.
Mr. Shultis asked if it is written in the deed. Yes. The ROW is attached to the land, not the people, Mr. Houston said.
There were no public comments. Mr. Shultis made a Motion to close the Public Hearing. Vote: 5-0-2-0.
Mr. Duane asked about public access; can anyone go on the land? Yes. Are there ROWs that are not public access? Yes - private ones.
Draft Resolution will be on September 1st agenda as a Pending Item.
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ERLANDSON, CHRISTIAN & KISER, REAGAN, SUP# 11-418A: Sketch review of revised Special Use Permit (SUP) application to construct a single family dwelling and driveway in the Scenic Overlay District, located at the end of Hutchin Hill Road in Shady, SBL# 15.-3-2; Rep: John Wasylyk, PE; PB Reps: Mr. Henderson & Mr. Huben
Applicant's Assistance List of items to provide:
* samples of roofing and siding materials
* sample of stain color
* sample of white window casing
* cut and fill estimate
* number of trees to be cut
* updated Board of Health approval
* show well location
* site visit to check if there is need for silt fencing
* stake center line of proposed driveway at 50-ft. intervals
* stake four corners of house site
* submit plan for driveway/road profile
* check with Town Highway Superintendent Mike Reynolds if a culvert is needed
* show ditch line and swale
* show side wall lights and cross reference; show for each doorway
* show any necessary improvements on shared right-of-way from end of Town road
to first driveway
Ms. Fernandez will check with Ulster County Planning Board (UCPB) to see if Planning Board should refer case to them because house site is in Scenic Overlay. Site visit by reps is planned.
Case put on September 15th agenda.
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Pending Items:
Hamlet Commercial (HC) & Neighborhood Commercial (NC) Zoning District amendment from Town Board for 9/1/11 meeting
Discussion. Mr. Shultis asked if anyone has comments please have them ready by next meeting so they can be passed along to the Town Board before their Public Hearing on this issue.
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Review Draft Local Law Amendment from Woodstock Environmental Commission (WEC)
Chairman said members can read this; it is about hydro-fracturing. WEC is making their recommendations to Town Board. Comments can be made by members at next meeting.
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ABEL, DOUG & BROWN, JENNY / WOODSTOCK FARM ANIMAL SANCTUARY, SUP #10-381-B: Continued discussion of modifications to Special Use Permit for non-profit recreational use and signage at 35 Van Wagner Road in Willow, SBL# 14.-2-23.100; Rep: Applicants; PB Rep: Mr. Henderson
Neighbors David Ekroth and Edward Fessenden were present. They were given copies of Ms. Fernandez's draft of Special Use Permit (SUP) and Mr. Abel's August 18th version. Chairman Shultis read aloud from the Planning Board's version of the document.
Tape side A ended as Mr. Abel was asking about length of time for visitors and/or delivery trucks to be on property.
A change in wording was made: "As of July 15, 2012, the farm animal sanctuary shall construct a concrete pad or a storage area for manure, that meets standards."
To a Board Member's question about using a date that extends further than the expiration date for the SUP under consideration right now, Mr. Shultis said yes, we can do that; the only way the SUP would not be renewed beyond its expiration date is if there is a violation.
Mr. Shultis invited neighbors to speak. Neighbor Fessenden asked about on page 1, there is maximum 56 visitors and 10-car maximum. Is it whatever comes first? We based that on formula of number of visitors per car. Four (4) visitors per car for all parking spaces, plus the bus and the handicapped is maximum number of people. We averaged it out per car. Neighbor said if they have 10 cars and an 11th car shows up, that's too many cars. A 57th person is too many. It is, Chairman said. He had spoken about this with Mr. Abel and it is hard to control. At some point there may be some overflow. He did not know how to regulate this, except by appointment, or by telling people they have to come back in 30 minutes or so.
Neighbor said there are limits, so it is not okay to say they can exceed it. Mr. Shultis said the enforcement is difficult. If neighbors have pictures or info that shows they are in violation of the site plan, the Planning Board will address it. But if there is an occasional additional car when families are getting ready to leave, it is a call that the WFAS will have to make, and we will deal with it in March of next year.
Neighbor Ekroth asked if location of tent for mass gathering should be noted. Mr. Shultis had asked Mr. Abel for the event plan that worked for the July Jamboree. The Blessing of Animals and Thanksliving events have different tent set-ups. Mr. Shultis told Mr. Abel that any scenario is open at this point, but he must not violate the zoning law's noise decibel levels or scenario won't work next year. Sound tests will be done, not with Chris Anderson. Mr. Abel will do some, and either Zoning Enforcement Officer (ZEO) or Woodstock Police will do some spot testing. If sound is over the allowed level, amplification may have to be reduced.
Someone said it worked well for Jamboree. Yes, Mr. Shultis agreed. We can have different proposals if it does work again. He thought this is a test of whether parking and noise level works. We have to allow it to happen and then test it. When we review it in March, we will discuss what worked and what didn't and what we should do.
Neighbor Fessenden asked about copy of WFAS lease. It was submitted to Planning Board, said Mr. Shultis.
On page 3, about watering down driveway, neighbor said he thought they should continue to do so until it is paved. Let's leave it in, said Mr. Shultis, until driveway is brought up to site plan conditions. Neighbor said okay.
Neighbor asked if there will be no buses until driveway is paved. There are no buses until SUP kicks in, Mr. Shultis replied. They have 90 days?, neighbor asked. Mr. Shultis thought buses not allowed until driveway paved. The 16-passenger ones are okay, but not full-size school buses.
Same neighbor asked about sending something to attorney. That was about manure storage, Mr. Shultis said, and if we can require copy of full deed. Ms. Grant responded to that.
At next meeting, workshop language will be added to this, Mr. Shultis said, and we can adopt it. It cannot be signed until after Zoning Board of Appeals makes their decision.
Mr. Abel was still concerned about no one being allowed on site except delivery people and veterinarians. Mr. Shultis said staff, volunteers, and visitors have been covered already.
Mr. Abel asked about people coming on foot. If they walk in, Mr. Shultis thought additional people could be allowed. They will not be taking up parking, so not a problem.
To a Board member's question about carcass disposal, Mr Shultis said they can bury a certain number every week. He told Secretary Fernandez to add "no open burning" of deceased animals to language in SUP.
Someone asked if Planning Board has to review the location of the photo voltaic system. No, only if it were in Scenic Overlay as it is a reflective glare issue, Chairman replied.
Case will be a Pending Item on agenda for September 1st.
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WOODSTOCK FIRE DISTRICT COMPANY #1, SPR #11-285A: Public Hearing for application to update existing Site Plan, including landscaping, (1) 12' x 20' tractor shed, (1) 14' x 36' trailer garage and (1) 80' emergency management radio antenna at 242 Tinker Street in Woodstock, SBL# 26.2-10-47.110; Rep: James Brunner, Fire Commissioner; PB Reps: To be assigned.
For the public, Commissioner Brunner said they are here to get approval of the site plan, an ongoing project since the year 2000. Several modifications have been done in the interim.
Mr. Shultis invited public comment. Neighbor Marc Miller asked to see the map. Are there any changes? No, just updating what was already done. Planning Board is legalizing an outbuilding that was not on original site plan, and an antenna. Is antenna on the building?, Mr. Miller asked. Mr. Brunner said it is in the back corner. Shed houses lawn equipment and an empty trailer for truck. Antenna is 40 ft. plus whips, not 80 ft. Antenna does not get used unless a Town emergency is declared.
No further public comment. Mr. Shultis made a Motion to close the Public Hearing. Vote: 5-0-2-0.
Mr. Shultis made a Motion to approve the site plan as amended. Seconded by Allan Duane. Vote: 5-0-2.
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MARTIN, JUDITH, WWP #11-017: Sketch review of Wetlands & Watercourse Permit application - RESCHEDULED FOR SEPT. 1, 2011.
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YANOW, JO SCHWARTZ & FOYE, RAYMOND, PB #11-1128A: Continued review of re-application for Lot Line Revision to transfer 0.06 acre from FOYE parcel, to be added to YANOW parcel. Lot sizes after transfer: 1.727 acre (Foye) and 1.554 acre (Yanow), located at 7-11 and 15 Meads Mountain Road in Woodstock, SBL# 27.1-3-21 (Yanow) & SBL# 27.1-1-46 (Foye); Rep: James Lonergan, Esq.; PB Reps: TBA
All info was in.
Motion by Mr. Shultis to set Public Hearing for 6:45 pm on September 1st. Seconded by Mr. Duane. Vote: 5-0-2-0.
Mr. Lonergan asked that they set the Public Hearing for a later date due to a scheduling conflict.
Motion by Mr. Shultis to set Public Hearing for 7:45 pm on September 15th. Seconded by Mr. Duane. Vote: 5-0-2-0.
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Meeting adjourned at 8:50 pm.
Minutes were approved January 19, 2012
