TOWN OF WOODSTOCK
APPROVED PLANNING BOARD MINUTES
June 7, 2012
Members Present: Tom Unrath, Paul Shultis, Jr., Peter Cross, James Huben, Lorin Rose, Laura Ricci and Judith Kerman
Others Present: Therese Fernandez, Secretary
Agenda: No changes
Minutes: Minutes of May 17, 2012, approved, as corrected. Motion by Mr. Unrath. Seconded by Ms. Kerman. Vote: Aye: 7, Nay: 0, Absent: 0, Abstain: 0
Announcement: Starting in July, scheduled Planning Board Meetings will be held at the Community Center for the duration of the Town Court's renovation.
Pending Items:
Review Town of Woodstock Commission for Civic Design (CCD) Decision & Recommendation(s): Holy Ascension Monastery Site Plan Review for stone chapel in Wittenberg:
Mr. Unrath made a Motion to accept the list of recommendations, as presented, and to notify Building Department that Site Plan approval conditions have been met in order to issue permit to construct chapel. Ms. Fernandez will prepare memo. Seconded by Mr. Rose. Vote: 7-0-0-0.
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Discuss correspondence from applicant's representative, Jonathan Elwyn, re: legal review of No Development Zone questions for Jellinghaus Subdivision application:
Lengthy discussion concerning definitions of "structure" and "development" according to Town Zoning Law. Structure definition says driveways are not considered structures. Mr. Shultis noted that the minutes from the original Jellinghaus Subdivision file contain 19 references to conservation easements. He asked, then is a driveway considered development?
No decision was made at this time.
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Pending Items continued later.
105-109 MILL HILL ROAD, LLC, SUP #12-057E: Sketch review of Special Use Permit application for Hosting/Catering Facility as an Accessory Use to Cucina Restaurant, located in the Gateway Overlay District and R1.5 Zoning District, at 105-109 Mill Hill Road, in Woodstock, SBL# 27.55-3-12. Rep: Lois Freedman; PB Reps: Mr. Unrath & Ms. Kerman
Architect Barry Price was present as authorized representative for Ms. Freedman. Mr. Gianni Scappin, co-owner of Cucina Restaurant, was also present.
Mr. Price presented a site plan based on what he believed was necessary in order to receive a Building Permit for interior construction in the barn space that has already been completed. His client, Ms. Freedman, has not given him the go-ahead yet to prepare a full site plan, and he is before the Board now to determine what will be required so that he can return to his client with that information.
Mr. Shultis went over the Site Plan requirements from section of Town Zoning Law.
Parking calculations result in the need for 20 additional parking spaces for site; there is an area on the property to provide this but landlord has to be agreeable.
Mr. Shultis felt the Board could waive drainage issues since the site is flat.
Hours of operation could be staggered for the two uses under the approved Special Use Permit (SUP) in order to minimize parking conflicts.
Mr. Shultis said that the biggest concerns are parking and lighting.
Gateway Overlay District section of Town Zoning Law was also reviewed.
Applicant's Assistance List was given:
* provide cross-section of parking areas/driveway
* show location of existing dumpster
* show bio-retention area
* confirm with Town Water & Sewer Dept. if existing grease trap is sized adequately for increased use
* refer to what is on previously approved site plan, leaving room between barn and restaurant kitchen area for emergency access
* show parking and lighting calculations on site plan
•· show vegetative screening
* provide tabular summary and signature box on plan
Preliminary Sketch review will be next step if applicant decides to move forward with plans.
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WENDY COHEN & JAMES MORRISON AND MICHAEL J. BRODY, PB #12-1058A: Public Hearing of Minor Subdivision application for Lot Line Revision of 131.09 sq ft portion of land between two parcels located at 30-34 Mill Hill Road, in Hamlet Commercial Zoning District, in Woodstock, SBL#s 27.55-4-6.110 (Cohen & Morrison) and 27.55-4-6.2 (Brody). Reps: Wendy Cohen and/or James Morrison and Renee Brody; PB Reps: Mr. Unrath & Ms. Kerman
Renee Brody and James Morrison were present.
Mr. Unrath said this application had been referred to the Zoning Enforcement Officer to make a determination, and no variance will be necessary. To Mr. Unrath's query, Ms. Brody said yes, she is moving a fence three feet to the right.
There were no members of public present, Chairman said. Ms. Fernandez had gotten a phone call from neighbor, Barbara Badner, who had no concerns after proposal was explained.
Mr. Unrath made a Motion to close the Public Hearing. Seconded by Ms. Kerman. Vote: 7-0-0-0.
Resolution Points:
* 6 copies of final plat and 1 mylar to be submitted for signing
* surveyor's stamp & owners' signatures to be on maps
* Final Development Fee payment of $200
Motion by Mr. Shultis to approve draft Resolution, pending above conditions. Seconded by Mr. Unrath. Vote: 7-0-0-0.
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As the agenda was running ahead of time, Chairman made a Motion to recess for 15 minutes. Tape was turned off.
Tape was turned back on. Mr. Unrath called the meeting back to order after short recess.
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JOSEPH & JUDITH DOAN, SUP #12-428: Public Hearing of Special Use Permit application for selective timber harvest of 278 trees from 86.20 acres parcel to thin forest and canopy, located at 547 Glenford-Wittenberg Road, in R5/R3 Zoning District, in Wittenberg, SBL# 37.1-2-22.100. Rep: Sasha Umhey, Logger; PB Reps: Ms. Ricci & Mr. Huben
Mr. Doan and Sasha Umhey were present. PB Case reps, Lorin Rose and Laura Ricci, had been to the site with the logger and had no concerns.
There was no one from the public present for the Public Hearing. Ms. Fernandez reported that a neighbor, Mr. Gaines, had called. He had no concerns after application and property location were explained.
Application was referred to the Ulster County Planning Board (UCPB) for their comments since site is off County-owned Wittenberg-Glenford Road.
Mr. Unrath made a Motion to close the Public Hearing. Seconded by Mr. Shultis. Vote: 7-0-0-0.
Requested updated information had been received per Applicant's Assistance List dated May 17, 2012.
Resolution Points:
* UCPB Referral Response is pending
* $1,500 Performance Bond to be paid
* $200 Final Development Fee to be paid
Draft Resolution will be prepared for approval at next meeting pending UCPB Referral Response.
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Tape side A ends; side B begins.
HARRIS SAFIER & ROBERT TONNER, SPR #12-0328A: Sketch review of Site Plan Review application for proposed modification to Site Plan: outdoor seating and portable service stand for The Tea Shop, located at 7 Maple Lane, in the Hamlet Commercial Zoning District, in Woodstock, SBL# 27.55-4-4. Rep: Amanda DePew; PB Reps: None required
Ms. DePew was present.
Discussion of seating and signage.
Ms. DePew explained that no new ground surface will be added. Mr. Unrath asked if the Town water main goes through the area since it appears to be on the site plan and there are pieces of bluestone on the ground that usually indicates the presence of water main or sewer access. GIS infrastructure data was examined.
Ms. DePew replied that the stones are for the grease trap. She does not intend to build anything. The service stand is portable, not stationary, as is the seating. Mr. Unrath said he felt there are no encumbrances on the site then. No lighting is proposed.
Mr. Shultis reviewed aloud the criteria in Town Zoning Law for the Board to waive further Site Plan Review.
Mr. Unrath made a Motion to waive further site plan review under Zoning Law Section 260-75(c)1. Seconded by: Mr. Huben. Vote: 7-0-0-0.
Mr. Unrath made a Motion that Fee in-lieu-of On-Site Parking is not triggered since seating area will be open to the public with signage to indicate that. Seconded by Mr. Shultis. Vote: 7-0-0-0.
$50 Final Development Fee will still be required.
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Mr. Unrath adjourned temporarily until 8:47 due to excess time on agenda. Tape was turned off. Meeting called back to order and tape was turned back on.
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WALRUS PROPERTIES, LCC, SUP #12-427: Public Hearing of Special Use Permit application for selective timber harvest/forest management of 432.80 acres parcel, portions of which are located in the R3, R5 and R8 Zoning Districts, at 44 Eastwoods Drive, off Zena-Highwoods Road, in Zena, SBL #38.2-1-67. Rep: Rod Jones, Certified Forester; PB Reps: Peter Cross & Paul Shultis, Jr.
Forester Mr. Jones was present for applicant.
It was noted that Hudsonia provided a biodiversity map of the property, which was put on monitor display for review. Mr. Unrath said that Hudsonia had visited the property to do this study.
For the public, Mr. Jones explained that the landowner had contacted him to assess the condition of the forest. He made an inventory of the trees. He proposed a commercial harvest to be done in two phases, probably ending in 3 years. Then they will respond to the thinning and return again in about 15 years.
There are many trails on the property already. They will have to build a couple of new ones. Mr. Jones said a trail will have to cut near a neighbor's property which was identified on the map. Mr. Jones showed the [private airport] runway and a trail that cuts across the property. He said they will be going around that.
Part of the project is in the Town of Ulster, Mr. Jones continued. Neighbor in audience, Anita Yuran, asked if people in the Town of Ulster had been informed about this proposal. Yes, said Mr. Jones. He had been to their Public Hearing earlier that evening. Also, the Town of Kingston, which adjoins, had been informed, Mr. Unrath added. Kingston was concerned about traffic on their roads. Mr. Jones said he had been asked where the trucks will go, but he did not have any idea yet. Mr. Jones does not do the actual logging, but contracts for it. They will not know traffic route(s) until the contract is awarded to the bidder. The operator will have to work with Mr. Jones.
Mr. Unrath invited public comment.
David Boyle asked what the mix of timber is. Mr. Jones said hard and soft woods, red oak, white oak, black oak, Eastern white pine, and Northern hemlock are the predominant species. There will also be some black birch, yellow birch, tulip, white ash, and hard and soft maple. They will grow better for the next 10-15 years with the foresting that is proposed.
Ms. Kerman displayed the Hudsonia map on screen monitor and showed delineated timber areas.
Greg Fabbie said he is a neighbor of Anita Yuran and the subject property. He is concerned about the maintenance of private Eastwoods Drive. It is not a Town road; it's only about 16 ft. wide. It was logged about 10 years ago and it was not restored properly. Will there be a problem with having a big enough landing so trucks can get in and back out? There is no place to turn around.
Mr. Jones replied the turn-around spot will not be on the road. It will be down the woods road on the subject property, off the private road. We will hold a performance bond from the highest contract bidder, he added. Mr. Jones has the right to shut down operations at any time. He is representing the landowner, not the logger. He said he will make sure it is done properly. The bond will not be released until the road is returned to its original condition.
Ms. Yuran asked if he will use her road [i.e. Eastwoods Drive] to get in. Mr. Jones said he believes the property owner has legal access to the right-of-way. Yes, she said, and that's the way you will use? Yes, he said. Ms. Yuran continued, despite the fact that the property does abut a Town road? Yes, Mr. Jones replied. Why don't they take it out there? He said it makes more sense to use the Eastwoods Drive access. Sight distance is not safe on Town road. Ms. Yuran said the sight distance isn't great where her driveway comes out, either. He said it seems safer for everyone if Eastwoods Drive is used. Ms. Yuran would like to see some financial arrangement set up so any damage to her road from the heavy trucks is taken care of. The previous logger did not do a good job.
Mr. Shultis responded, that would be a condition of the Special Use Permit (SUP). It should be, Ms. Yuran said. Mr. Shultis said that the road must be brought back to its present condition after logging.
How do we determine the right bond?, Mr. Unrath asked. We pick a number; we decide, Mr. Shultis said. There is a problem in that we don't have a contract to look at yet, Mr. Unrath said.
Discussion of how to determine performance bond. Mr. Shultis said that roads, landings, and water bars are maintained on the site. A main point for the Board is that adjoining property owners' land and the shared right-of-way are maintained to condition it is at now. The Planning Board has to come up with some type of...(interrupted).
Mr. Shultis asked if there are any culverts on Eastwoods Drive. One small one, Mr. Fabbie replied. There is the issue of wear and tear, potholes, etc., from weight of trucks, Mr. Shultis noted.
Chairman Unrath asked, what is amount of typical bond? Mr. Jones responded that it depends on what you have to protect, and recommended $5,000. For everything?, Mr. Shultis asked. Yes. $2,500 doubled should be adequate, he thought. Mr. Unrath agreed.
Mr. Fabbie said the operation is a long-time thing. No, it will be a "live landing" for a few months for each operation, Mr. Jones said. He guessed it will be active for 4-5 months, then 4-5 months for the other phases of harvesting, and then in-operational for 15 years, graded and seeded with grass. You will come back after 15 years?, Mr. Fabbie asked. Assuming that is what the property owner plans, Mr. Jones said. That would trigger another SUP, Mr. Shultis said.
What will happen if somebody makes an offer on this property and sells it?, Mr. Fabbie asked. New relationships happen all the time, Mr. Jones replied. Mr. Fabbie said the owner's father was in the site at some time and put in large stones, trying to keep four-wheelers off property. So you will get rid of those? You mean at the entrance?, Mr. Jones asked. Yes. That was to block four-wheelers. That was his way to stop trespassers, plus posting of big signs. Site was used for recreational purposes. Father would go fishing himself and that was it. So you're going to knock those stones down to make a landing?, Mr. Fabbie asked again. The landing we have planned is farther into the property so it should not bother anybody, Mr. Jones said. Mr. Shultis said there will be a couple of landings: one as you go in on the right and one stable enough to drive in and load trucks. Intermediate landings within the site, too. The only one you'll notice is near the entrance gate, Mr. Jones said. The rest will be back into property. That will minimize impact, Mr. Shultis said.
The first phase will occur over two years?, Mr. Unrath asked. The first contract will be awarded as soon as I get approval, Mr. Jones said, then I'll start marking trees. It's a two-year cutting?, Chairman asked. It's a one-and-a-half year contract, and they have to finish it within that time. And then you come back in 15 years?, Mr. Unrath continued. I'll do the second operation a few months after that, Mr. Jones said. But this SUP covers the first 3 years, said Mr. Shultis. Yes. And the $5,000 bond will be for the first 3 years, Mr. Unrath said. Right.
Mr. Jones asked, if he has two operators and one bond, covering road and trails, how will we work that? Mr. Shultis said the bond is between him (Mr. Jones) and the property owners. He is in control of it. That's a good idea, Mr. Jones said. You are responsible, Mr. Shultis said, so make sure the bond is working.
Mr. Unrath asked about the hours of operation. They are 7:00 a.m. - 7:00 p.m., Monday through Friday. Mr. Jones said he will make sure everyone knows that, even though they are not normally on site until 8:00 a.m. To Mr. Shultis' question, he said he did not know about needing any weekend hours. Normally, they do not work on Saturday and Sunday. But if they need to, Mr. Jones will have to present a formal request, Mr. Shultis said; the Board occasionally gives one Saturday in a month or two, for loading out, in case there was rain during the week, but just for loading only, no chainsaws or skidding on Saturdays. Mr. Jones said okay.
Motion by Mr. Unrath to close the Public Hearing. Seconded by Mr. Shultis. Vote: 7-0-0-0.
Ms. Fernandez reported that a letter was sent in from neighbor Steven Van Kampen on Avalon Hill. He was concerned with truck traffic and weight on bridge over the Sawkill Creek and Kingston Reservoir, if loads will exceed weight limit. Mr. Jones replied that if weight limit is a problem, alternate route would have to be considered. Trucks would be routed from Zena-Highwoods Road to Church Road and then to Glasco Turnpike, Mr. Shultis said. Discussion of optional routes and truck traffic. Mr. Shultis felt that truckers pay a lot for taxes and fuel so they should not be prohibited from using public access roads.
Where are logs going?, Mr. Unrath asked. We don't always know, Mr. Jones replied. If wood is sold to a broker it could go almost anywhere in the world. Mr. Shultis noted that there is a weight limit on the Zena-Highwoods Road bridge that must be obeyed.
The Planning Board also had a response from Planner Alan Sorensen. Mr. Shultis read his suggestions: referral to Ulster County Planning Board (UCPB), which will be done; input from Town Highway Superintendent re: amount of performance bond for damage to local roads, discussed earlier; provide 50 ft buffer zone around property perimeter except to remove decayed or diseased trees - Mr. Shultis feels there should be a no-cut buffer along roads only, not perimeter. Hudsonia map and biodiversity report was reviewed; they recommend increased buffer around heath swamps, and those areas were noted on displayed map. Mr. Shultis suggested that they do 50 ft buffer now along roads only, and then after trees are marked, the Planning Board could do another site visit to see if that buffer is adequate. Short Environmental Assessment Form (EAF) for SEQRA Determination was found sufficient due to Hudsonia's study of site - this is an Unlisted Action. The Board will require a copy of the Timber Harvest contract - dollar amounts can be redacted. Hours of operation discussed earlier.
Resolution Points:
* weight limits will not be exceeded on truck traffic routes
* short EAF is sufficient
* keep buffer at 50 feet for now along roads, and after trees are marked, Planning Board will visit site again and determine if buffer(s) are adequate
* maintain buffer from "starred" areas (heath swamps) on Hudsonia map
* obtain curb cut approval from Ulster County Public Works Department for landing access on site across Sawkill Road
* Post $5,000 performance bond at start of operations
* submit copy of contract; dollar amounts may be redacted
* duration of Special Use Permit is limited to 3 years from date performance bond is received
* UCPB Referral response is pending
* Final Development Fee ($200) will be due
Neighbor Jean Young arrived at meeting at this point with some concerns, but Mr. Shultis told her the Public Hearing was closed. He explained about the bond to protect road, and about some other conditions to protect her land. She thanked him for the information and left.
Mr. Unrath made a Motion to give preliminary SUP approval, pending the conditions above. Seconded by Mr. Shultis. Vote: 7-0-0-0.
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Pending Items resumed from earlier.
Approve draft Resolution and Special Use Permit (SUP) for Woodstock Farm Animal Sanctuary B&B Establishment:
Mr. Unrath asked Mr. Abel, who was present, if he was giving up the WFAS membership requirement to stay at B&B. Mr. Abel said he is waiting for the lawyer to get back to them - some discussion of Mr. Abel's change of mind about this issue. Mr. Unrath asked if he wanted SUP approval without that requirement for now. Mr. Abel said his accountant is not in favor of it, implications for their not-for-profit status. Ms. Fernandez will get attorney's estimate for escrow payment to answer the Board's question concerning the membership requirement.
Discussion of an additional pedestrian walkway since parking on site plan was altered slightly. Board was polled and they will not require it.
Items still needed per conditions of draft Resolution:
* letter from Town Highway Superintendent about adequate sight lines at driveway entrance
* PB attorney's opinion regarding Membership requirement
Mr. Unrath made a Motion to approve draft Resolution and SUP, with conditions to be met before SUP will be issued. Seconded by Ms. Kerman. Vote: 7-0-0-0.
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Mr. Unrath made a Motion to adjourn at 9:45. Seconded by Mr. Huben. All aye.
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Minutes approved at Planning Board meeting of June 21, 2012
