TOWN OF WOODSTOCK
PLANNING BOARD MINUTES
May 17, 2012
Members Present: Tom Unrath, Paul Shultis, Jr., Peter Cross, James Huben, Lorin Rose, Laura Ricci and Judith Kerman
Others Present: Therese Fernandez, Secretary
Meeting called to order at 6:37 pm. Determination of a quorum.
Agenda: Two items added to Pending Items list: Hausman Subdivision extension of approval and Walrus Properties timber harvest site visit
Minutes: Minutes of April 19, 2012 were approved as corrected. Motion by Mr. Unrath. Seconded by Mr. Huben. Vote: Aye: 7, Nay: 0, Absent: 0, Abstain: 0. Minutes of May 3, 2012 were approved as submitted. Motion by Mr. Unrath. Seconded by Mr. Shultis. Vote: 6-0-0-1. Ms. Ricci abstained as she was absent from meeting on May 3rd.
Pending Items:
Extend conditional approval of Schwartz & Foye Lot Line Revision per request of attorney-representative Jim Lonergan. 180 days expired on 4/6/12:
Motion by Mr. Shultis to extend conditional approval for a period of 90 days. Seconded by Mr. Unrath. Vote: 7-0-0-0.
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Hausman Subdivision: request from representative, Jim Lonergan, to extend conditional approval:
Motion by Mr. Shultis to extend approval for an additional period of 90 days. Seconded by Mr. Unrath. Vote: 7-0-0-0.
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Discuss Jellinghaus Subdivision new driveway recommendations from Town Highway Superintendent Mike Reynolds and "No Development Zone" that appears on filed subdivision map:
Discussion with applicant's representative, Jonathan Elwyn.
Mr. Rose said that his review of prior Jellinghaus Subdivsion case file minutes seems to indicate 150 ft buffer area was given in exchange for payment of Final Development Fee or Recreation Fee in-lieu-of Land.
Mr. Shultis said that, in his opinion, the set-aside park or recreation land is being impacted by proposal to construct driveway. Mr. Rose said he'd prefer not to see a driveway there. Mr. Unrath said they should wait for public comment at hearing.
Mr. Elwyn responded that he didn't think this was about needing to pay a fee; he's also sensitive to the site. Mr. Shultis said that if greater than the required 5-10% of the subdivided land was set-aside, then this was not an issue. Maybe surveyor could confirm how much land was involved. Mr. Elwyn said that this could actually be an improvement, then, and would be consistent with what was intended in original application. He feels letter in file setting aside the No Development Zone was still open for interpretation, however.
Decision: Planning Board attorney's opinion is needed on the No Development Zone. Motion by Mr. Unrath to ask attorney's opinion; specifically, can they put a driveway through the property? Seconded by Ms. Kerman. Vote: 7-0-0-0.
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Pending Items resumed later.
WENDY COHEN & JAMES MORRISON AND MICHAEL J. BRODY, PB #12-1058A: Sketch review of Minor Subdivision application for Lot Line Revision to take 131.09 sq ft portion of one parcel and add it to the other, lots 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
Mr. Unrath had been to site and saw no problems.
Board members discussed the application with Ms. Brody and Mr. Morrison, who were present.
One lot size will technically be made less conforming to Zoning standards by the proposal, but due to the small fraction of land involved - only tenths of an acre - when numbers are rounded off, lot sizes will appear the same as they did before the action. Zoning Enforcement Officer's (ZEO) determination on lot sizes will be needed.
Applicants will need to submit one Mylar and 6 copies of map and final development fee will be needed after public hearing.
Public Hearing set for June 7th. Motion by Mr. Unrath. Seconded by Mr. Shultis. Vote: 7-0-0-0.
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Pending Items, continued:
Motion to approve return balance of Stock Subdivision escrow account and sign voucher:
Motion by Mr. Unrath to approve refund of escrow funds in the amount of $1,250. Seconded by Mr. Shultis. Vote: 7-0-0-0. Voucher was signed.
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Discuss Woodstock Farm Animal Sanctuary Bed & Breakfast SUP septic system approval per Ulster County Planning Board's Referral Response:
Mr. Unrath said it is a moot point as Ulster County Health Department has okayed the septic system for the proposed use.
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Approve Maxwell WWP draft Resolution:
Final development fee was waived by Town Board at their meeting on May 15th:
Ms. Fernandez made additional copies of the site map for the Chairman to sign. Mr. Unrath made a Motion to approve the Resolution including the waiver of the final development fee. Seconded by Mr. Shultis. Vote: 7-0-0-0.
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Announce that Town Board approved adding Matthew D. Rudikoff Associates to list of available Town Planners:
Mr. Unrath announced that Matt Rudikoff had been added to the list as above. He also noted that Planners Shuster and Sorensen usually decide between themselves which of them will take cases the Planning Board asks them to review, but since Mr. Rudikoff does not work with them, it will be up to the Planning Board to decide which Planner will receive any given assignment. It should be on a one-third basis, the Chairman suggested. More discussion.
Chairman decided not to make a final decision on the apportionment of cases yet.
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More Pending Items resumed later.
JOSEPH & JUDITH DOAN, SPECIAL USE PERMIT #12-428: Sketch review of Special Use Permit application for selective timber harvest of 278 trees 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: Laura Ricci & James Huben
Ms. Ricci asked some procedural questions of the logger, Mr. Umhey, who was present. She also suggested some clarifications of the wording of the harvest plan. Mr. Unrath established hours of operation: 7:00 am to 7:00 pm.
Mr. Shultis said the Planning Board usually collects a bond for the restoration of the land, unless site visit suggests something else.
A site visit by the Wetlands & Watercourse Inspector, Peter Cross, was requested by Mary Burke of the Woodstock Environmental Commission (WEC); application had been referred to them for consideration, as required by Zoning law. Mr. Cross said that this application was for a Special Use Permit (SUP), not a Wetlands & Watercourse Determination or Permit application. The SUP takes care of the review of certain site conditions. Mr. Unrath suggested writing to Ms. Burke to say she and the WEC are welcome to visit the site to check on the watercourses if they have concerns.
Mr. Shultis said to add that any stream-crossing will be done according to the NY State Forestry's Best Management Practices (BMP).
For Applicant's Assistance List, Ms. Ricci said the words "all wooden debris will be cleaned up from the landing area" will be added to the plan. Also, wording "within reason" has to be changed with regard to distance to property lines. Mr. Shultis said that the distance will be better defined once neighbors' commentary is made at the Public Hearing. Ms. Ricci said to add words about "stream crossing to be done according to the Forestry BMP". Hours of operation, including Saturdays, will be specified. Amount of performance bond to be posted was determined to be $1,500. Mr. Umhey will submit a copy of the harvest contract with Mr. Doan; he can black out any dollar amounts if he wishes. Application may need referral to Ulster County Planning Board (UCPB) since County-owned Wittenberg-Glenford Road bisects the Doan property. Secretary will confirm this with UCPB.
Tape side B starts with Ms. Ricci arranging to meet Mr. Umhey at the site. Mr. Rose will go as well.
Mr. Umhey gave the Secretary cash in the amount of a check for fee payment that had been returned by the bank.
Motion by Mr. Unrath to set Public Hearing for 8:15 on June 7th. Seconded by Ms. Ricci. Vote: 7-0-0-0.
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Pending Items, continued:
Assign Planning Board Case Reps to new Wetlands Permit application from Matthew Stupple, 18 Lasher Road, for retaining wall/repair collapsed wall along tributary of Tannery Brook - on agenda for sketch review 6/7/12:
No reps were assigned. All members will do site visits separately.
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Assign Planning Board Case Reps to new Special Use Permit (SUP) application from 105-109 Mill Hill Road, LLC & Lois Freedman/Cucina Restaurant for Cultural Hosting Facility as Accessory Use to Cucina Restaurant located in Gateway Overlay and R1.5 Zoning Districts - on agenda for sketch review 6/7/12:
Discussion of case being re-heard by Zoning Board of Appeals (ZBA). The ZBA had decided the Building Permit was not issued properly for this site due to its location in the Gateway and Residential zones and they are re-hearing the case on May 24th. Application was referred to Planning Board (PB) by ZEO for SUP.
Mr. Unrath and Ms. Kerman were assigned as PB reps.
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Walrus Properties, LLC: Timber Harvest site visit
Hudsonia, WEC members, Planners, and Mr. Shultis had done a site visit on this operation. Mr. Shultis said the WEC and Planners will send the Planning Board (PB) a follow-up letter. He thought the Town of Ulster is having a Public Hearing in early June. He asked that Woodstock PB have theirs on June 7th. Mr. Shultis commended the forester, Rodney Jones, for his extensive knowledge of the forest and professionalism.
Motion by Mr. Unrath to set Public Hearing for 8:45 p.m. on June 7th. Seconded by Mr. Unrath. Vote: 7-0-0-0.
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Mr. Unrath announced that the PB Workshop Meeting on May 31st is cancelled. Next meeting will be on June 7th.
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Motion by Mr. Unrath to adjourn at 8:15. Seconded by Ms. Kerman. All aye.
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Minutes were approved at Planning Board meeting of June 7, 2012
