MEETING MINUTES
January 21, 2021
REGULAR ZOOM MEETING
7:00 PM START
TIME: 7:00 PM
CALL TO ORDER, determination of quorum
Members Present: Peter
Cross
Stuart
Lipkind
John
LaValle
Judith
Kerman
Conor
Wenk
Brian
Normoyle
James
Conrad
Members Absent:
Agenda Invitees: Craig Leonard, 15 Rock City Road
LLC
Niall
Grant, 15 Rock City Road LLC
Constantine
Kalesis, 15 Rock City Road LLC
Nigol
Koulajian, same
Heather
Gabriel, Nigol Koulajian
Graydon
Yearick, Brett & Jessica Erkman
Brett Erkman
Alexander Queen, Hellenistic
Orthodox Traditionalist Church of America, Inc.
Bishop
Christodoulos, Hellenistic Orthodox Traditionalist Church of America, Inc.
Additional Invitee(s):
Maxanne Resnick
Contiguous Neighbors / Public Invitees: Meira Blaustein, 15 Rock City Road LLC
Gina
Gifford, 15 Rock City Road LLC
Shira-Carrie
Fernandes, 15 Rock City Road LLC
Richard
Feiler, 15 Rock City Road LLC
Judy
Steinfeld, 15 Rock City Road LLC
Jay Lief,
Koulajian
Ron
Gold, Koulajian
Evan
Hines, Koulajian
Gary
Bennett, Koulajian
Paul
Freeman, Koulajian
Updates to AGENDA: **
Mr. Cross asked Ms. Gray if there were any updates and she
told them the two stated below:
+ Email
from Shira Fernandes re: SPR# 20-0333A rec’d Jan. 21, 2021
Mr. Cross acknowledged and said we would discuss this further
during the public hearing
+ Updated
Plan with Parking Calculations
re: SPR#
20-0333A rec’d Jan. 21, 2021
Mr. Cross acknowledged
MINUTES: January
7, 2021
Make motion to approve minutes: Peter Cross 2nd: Brian Normoyle Aye: All
COMMUNICATIONS & ANNOUNCEMENTS:
+ Memo
from Peter Cross re: CEA in Woodstock
rec’d Jan. 12, 2021
Mr. Cross states that we will discuss this later and he sent
out the memo to all the members
+ Local
Law No. 1 of 2021 re: Chapter 280 Fill & Grading from
Supervisor McKenna and Town Board rec’d
Jan. 20,
2021
Mr .Cross states that Mr. Lipkind has some questions he had
emailed the Planning Board. Mr. Lipkind
continued that the draft needs clarification on the role of Planning Board and
Building Department in regards to the site plan. Planning Board agrees to send email to Town
Board. Ms. Kerman states that it wasn’t
very transparent. Mr. Cross says that if
Mr. Lipkind and the Board agree, we can forward the email. Ms. Gray states she will do that.
+ Email from
Rickey Feiler re: SPR# 20-0333A rec’d Jan. 21, 2021
Mr. Cross acknowledged
NEW BUSINESS:
SCHEDULED BUSINESS:
PUBLIC HEARINGS:
7:10 PM 15 ROCK CITY ROAD, LLC SPR#
20-0333A: Virtual Public Hearing for a Site Plan Review Application for site plan modification
to convert existing retail space into a restaurant located in the HC Zoning
District at 15 Rock City Road in Woodstock SBL# 27.54-3-8 Rep:
Constantine Kalesis
Present: Craig Leonard, Niall Grant, Constantine
Kalesis
Motion to open Public Hearing: Peter Cross
2nd: Brian Normoyle & Conor Wenk Aye:
All
Mr. Cross read case summary and asked Mr. Kalesis to explain
what they are proposing to do. Mr.
Kalesis states that this is an existing building in the Hamlet and they are
adding a freestanding covered pavilion for the rain that will hold 52
people. There will be a new bar and new
kitchen, new grease trap and two new septics, on the second floor there will be
new seating. Mr. Cross asked the
Planning Board if they have any questions.
Mr. Lipkind asked about the slab on the grate and if it will create any
drainage issues. Mr. Kalesis states that
there will be a roof over it and a pitch slab of a quarter foot. Mr. Lipkind asks where does it end up or
taken up. Mr. Kalesis states that there
will be drains, daylight drains on the parcel.
Mr. Lipkind asks about the septic location and the cars driving over
it. Mr. Kalesis states the yes the
current septic is there and the engineer designed this. The design of the septic tanks will allow to
be under the parking area. The grease
trap will be in the crawl space. They
had spoken with Larry Allen and the current septic isn’t adequate for their
restaurant plans. There will be two new
1,500 gallon septic tanks being added under the car parking space. Mr. Lipkind asks the Planning Board if the
town engineer checks this. Mr. Cross
states that it’s really Larry Allen’s call and he doesn’t know if the town
engineer is necessary. Mr. Leonard
states that John Steinmeyer (their engineer) has been communicating with the
town engineer and there is the employee parking there. Mr. Wenk asks if there is a weight limit for
the gravel parking lot. Mr. Kalesis
states that he doesn’t know, the engineer knows the design structure and
septic; he can find out. Mr. Lipkind
states that he would like to see the specs and plans approved by the town
engineer. Mr. Cross states that we’ve
done this many times. Ms. Kerman shares
her screen with the plans. Mr. Leonard
states that Mr. Steinmeyer is working closely with the town and is familiar
with the town and this. Mr. Lipkind
states that he appreciates this but he wants the town engineer to sign off on
this. Ms. Gray states we can make the
additional condition on the resolution for the Town Engineer letter of
approval. The letter from Mr. Allen was
already a condition on the draft resolution.
Ms. Kerman states that she has the wetlands up and can show them if we
want to see them. Mr. Cross asks for the
neighbors comments at this time. Meira
Blaustein states that she is right next door and is happy for a restaurant and has
a few questions. What kind of food is
her first question. Mr. Leonard replies
that they are the owners of Syliva’s and it will be similar, farm to table
local produce, more takeout business at a power price point. Ms. Blaustein asked about the location of the
slab currently. Mr. Leonard states no, right
behind the structure in the parking lot back of the structure. Ms. Blaustein asks if there will be an
extension to the restaurant and Mr. Leonard replied yes. Mr. Leonard sates that there will be two
handicapped parking spaces. Ms.
Blaustein asked when the construction will begin. Mr. Leonard replied end of February. Ms. Blaustein asked how long will the
construction take place. Mr. Leonard
replied five to six months would be his estimate. Ms. Blaustein asks about cooking odors and
plans for it to not affect the neighbors.
Mr. Leonard states that he’s never had a problem, most of the time
people like what they smell. The
rotting food is taken away, they have a system for that. Ms. Blaustein states that she was asking for
oily smells in particular and asks what their hours of operation will be. Mr. Leonard states from 5 – 10 pm and dinner
service only.
Mr. Rickey Feiler asks if there is a limitation on the sound
and hours for music to be played. Ms.
Gray asks Mr. Feiler to introduce himself please. He states he’s a neighbor and his name is
Rickey Feiler. Mr. Leonard answers that
the neighbors won’t hear much sound.
There will not be any live music or bands. We just use gentle background music for
ambience, not like the Colony. Mr.
Feiler says thank you. Ms. Shira-Carrie
Fernandes introduces herself as a neighbor located on Mountain View
Avenue. She is glad and excited for a
new restaurant and that something is coming to that space. We hope to be good neighbors. We are curious about the wetlands that Judith
mentioned. Mr. Cross states to address
the wetlands, it is an existing parking lot and building, and there is no
infringement on the wetlands, no expansions.
Ms. Fernandes asks if it takes up absorption and is there a concern for
the wetlands. Mr. Leonard states that
they wouldn’t do that. Ms. Fernandes
apologize and Mr. Leonard states that it makes perfect sense that she asks
these questions. Ms. Fernandes asks
about the awkward crosswalk and if it is unsafe as it exists. Mr. Leonard states that this is the existing
conditions. Ms. Fernandes states that
the foot traffic will be different. Mr.
Leonard explains that there will be a small bridge to enter and walk into our
space from behind. Ms. Fernandes states
that is safer and great. Mr. Leonard
continues to explain that they will have signs and a pathway to lead directly
from the parking lot to the building.
Ms. Fernandes asked about music.
Mr. Leonard states no, just dinner background music as he stated
before. Ms. Fernandes asks about
lighting, reminding him they are right behind him. Mr. Leonard states that we are actually
taking lighting away. The flood lights
will be gone. Ms. Fernandes asks if the
lights will be on all night. Mr. Leonard
states no, at close all the lights will be off.
Ms. Fernandes explained that she wouldn’t want a string of lights to be
on all night, if it can be helped. Ms.
Fernandes asks about trees being cut.
Mr. Leonard states that they are leaving the existing trees and adding a
few to a few different spaces to beautify the front and some landscaping grass
in the back. Ms. Fernandes restates what
he said and confirms that he is adding not subtracting. Mr. Leonard states yes. Ms. Fernandes says to Mr. Leonard good luck
and Mr. Leonard replies thank you.
Mr. Feiler and Ms. Kerman ask about what parking lots are to
be used. Mr. Leonard confirms Rock City
Road and Mtn View with the bridge and signage.
Mr. Leonard continues with stating that there will be a clear path and
entrance to the building. Mr. Cross states
that the crosswalk was just put in by the state.
Mr. Cross asks if there are any more questions from the
public. Mr. Feiler talks about a guard
rail and the existing conditions being true.
He watches people walk all the time in the road. They walk in the road and it could be an
accident waiting to happen. It doesn’t
look safe. He continues with a second
question on the EAF form they state that it’s not a public transportation area
and I believe it is. Mr. Feiler, Ms.
Kerman and Mr. Wenk further discuss locations of public transportation. Mr. Cross states OK, so noted. Mr. Cross asks is there is any public
opposition. No comment from the pubic
that is online. Mr. Cross asks Ms. Gray
is there were any more public comments.
Ms. Gray states that all she received, were just addressed. (Emails from Rickey Feiler and Shira-Carrie
Fernandes & Gina Gifford and various others requested files that are
present tonight.)
Mr. Wenk asks about drainage and possible rain gardens. Mr. Kalesis states that the main structure is
directing into the gutters and being taken care of onsite. He gives the roof descriptions. Mr. Wenk thanks him. Mr. Cross shows a book titled “Tales of the
Sea Horse” to show Mr. Leonard and Mr. Leonard states that he wants to get
that. Mr. Kalesis says that’s
amazing. Mr. Conrad says we can get that
for you. Everyone laughs. (FACT:
The building was the Sea Horse many years ago)
Motion to Close Public Hearing: Peter Cross 2nd: Conor Wenk
Aye: All
Make motion to approve application pending draft resolution
Make
motion: Peter Cross 2nd:
Judith Kerman Aye:
All
SKETCH PLAN
REVIEWS:
7:20 PM NIGOL KOULAJIAN PB# 20-1224: Sketch Plan Review for a Subdivision Application of a
± 68.53 acre lot
into (2) parcels of ± 6 acres and ± 62.5 acres, in the R5 Zoning District
located at 404 Raycliffe Drive in Woodstock, SBL# 16.-5-51.1 Rep: William Eggers, Medenbach & Eggers PC
Present: Heather
Gabriel, Medenbach & Eggers and Paul Freeman, Esq.
Notes: Mr. Cross read
the case summary and Ms. Kerman shared the screen of the parcel. Mr. Cross asked who was here to represent the
case. Heather Gabriel introduced herself
and states that the Koulajian parcel used to be two parcels prior to the
merging of them together. They were
merged together in the past. They are
looking to realign the two parcels. The
six acre lot with the house and large lands to access West Saugerties Road and
the other has access on Hidden Valley Road.
Ms. Kerman shares the screen and goes back and forth with Ms. Gabriel
regarding trees and access to use. Mr.
Cross questions that there are no buildings on either lot. Ms. Gabriel states yes. Mr. Cross states to create a new buildable
lot we need Board Of Health approval for the septic system. Ms. Gabriel asks if a feasibility letter will
work. Mr. Cross states that we have to
prove it is a buildable lot and that needs BOH approval of a proposed septic
system and an acceptable right of way.
Ms. Gabriel states that the homeowner has over sixty acres and who knows
where they are going to want to put a septic system. Mr. Cross said pick a spot and then change it
later on. We have to prove the lot is
buildable. It’s on the side of the
mountain, not flat. We have to make sure
it is a buildable lot. Ms. Gabriel
states that time wise, what we thought was a lot line revision is now a
subdivision; and time wise, I’m concerned.
The County merged these two parcels together and we are working off old
filed maps. It already was two lots of
68 acres. We’re a little stuck
here. Ms. Gray states that because the
County gave it one parcel number it is one lot and would require a subdivision
to make another new lot. She had worked
with the assessor and building offices to figure out what was needed for this
case when she vetted the application and it was determined it needs to be a
subdivision. Mr. Cross agreed and states
it is one lot with the County. Ms.
Gabriels asks what are we revising. Mr.
Cross asked if Mr. LaValle was online.
No Comment from Mr. LaValle (he was dealing with internet issues and
Spectrum at his home) Mr. Cross states
that the town cannot create a lot without proving that it’s a buildable lot
with access and a septic plan. At this
point, we are creating a lot, County shows it as one lot. Ms. Gabriel says yes, but there’s no map that
says this is one lot, there is no filed instrument. I’m not trying to be difficult. Mr. Cross states you could get something from
the County. Mr. Normoyle asks if they
have spoken to the County. Ms. Gabriel
replies yes, it’s a weird quandary and there was never a Planning Board action
to merge. Mr. Cross says this does
happen but that County says its one lot.
You can review with the County but the County shows it as one lot. Mr. Cross states basically, to create a new
lot, we have to build a new lot with septic approval and access. Ms. Gabriel asks if a feasibility letter from
an engineer would work. She doesn’t want
to tell the applicant they have to spend $7,000 more and more time. Mr. Cross states this is what the code
says. Ms. Gabriel states that she has
used a feasibility letter with other planning boards and it has been fine. Mr. Cross states let me be as clear as I can,
I work for a surveyor. New lots need
perc test, county approval, etc. Ms.
Gabriel asks you want a fully designed septic approval from the County. Mr. Cross states yes. Ms. Gabriel says ok. Mr. Paul Friedman states he is the attorney’s
applicant and this was three lots and I have reviewed and examined. Mr. Normoyle asks when. Ms. Gabriel replies 1998. Ms. Gray states this is a new case to the
Planning Board. Mr. Friedman says in
1990 it was approved by the County. It
was an approved subdivision of lots 34, 35 and 36 with other lands. Mr. Cross asked who approved it. Ms. Gabriel states 1998 and it was the
Planning Board. A man asked if the
public can be heard. Mr. Cross said this
isn’t a public hearing. The man states
that he is from the Raycliffe Parcel Association and Raycliffe Drive goes to
parcels owned by Koulajian. We have an
interest. This is a private community
and to subdivide concerns us and our private roads. The sixty are not part of Raycliffe but we
want to make sure and have it on the table.
Ms. Gray asked him to introduce himself please. He states he is Gary Bennett and continues to
describe Raycliffe lots and says that it is misleading on the screen / this is
part of Raycliffe, now what it set up for Raycliffe. Mr. Friedman states that this further
supports the argument he is making. Mr.
Bennett says that he doesn’t know if the Planning Board has an issue, we’re
concerned that private roads will be used as access road. Mr. Friedman says if I can be heard. Mr. Cross states this is not a public
hearing. Mr. Bennett asks if it is not
relevant for him to be saying this. Mr.
Wenk states we want to hear all of this but at the public hearing. Mr. Normoyle says to Mr. Friedman please
don’t dictate to the Board what the Planning Board does. Mr. Wenk said stay tuned and follow what’s
happening. Mr. Cross said get a title
search done. Mr. Cross asked about the 3
lots. Mr. Friedman states yes. Mr. Cross states that there is a difference
between deeds and lots. The County says
that this is one lot. Ms. Gabriel says
three separate parcels. Mr. Cross states
that the Woodstock Planning didn’t create.
Evan Hines states that the 65 acres are not within Raycliffe. He introduces himself as the treasurer of
Home Owners Association for Raycliffe.
There are significant back dues of the owner. Ms. Gabriel shares her screen of the map of
what she thought was revised. Mr. Cross
states and we are creating a new lot of 6 acres. Ms. Gabriel states yes, the new lot is off of
Hidden Valley Road. Mr. Cross asked Mr.
Lipkind for his opinion. Mr. Lipkind
states that he he is not offering a legal opinion. Do a search and brief submission with reasons
why we should proceed different to not show a buildable lot. We may need a PB attorney for this. Mr. Friedman and the applicant should provide
documents, the title search, etc. Otherwise, stay with our process. Mr. Wenk states that maybe the County could
be of value on this. Mr. Cross states
the Mr. Lipkind is absolutely correct.
This is getting legal and we are not equipped to solve legal issues. A subdivision without Planning Board
approval, Raycliffe has issues with the accessibility causes this to need more
information. Ms. Kerman states that the
attribute table states incomplete on the narrative. Mr. Cross states that he agrees with Mr. Wenk
and Mr. Lipkind. We may need input from
the county and the Planning Board attorney.
Mr. Wenk asked for more information.
Ms. Gray said she would look into the past files. Mr. LaValle announces he’s back and the
Spectrum truck is in his driveway. Mr.
Cross reviews the case with Mr. LaValle and Mr. LaValle states he heard
it. He agrees with what the Board
said. Ms. Gabriel states the lots were
reduced by the County. Mr. LaValle
states that he has never seen the County reduce the number of lots. Ms. Gabriel states that she believes it was
done for tax purposes. Mr. LaValle
states that he took 3 parcels and made them 1 for tax purposes and it never
happens on your own. Ms. Gabriel asks if
he went through the Planning Board. Mr.
LaValle states yes, I did. Mr. Cross
asks Ms. Gray to get the information from the rep and let them know what is
needed. Ms. Gray asks Ms. Gabriel if she
is clear on what she needs. She replies
yes. Mr. Cross states we are running
late for the next case.
7:30 PM BRETT & JESSICA ERKMAN SUP# 21-0581: Sketch Plan Review of a Special Use
Permit
Application for construction
of (2) buildings and other projects / renovations in the R5 / Scenic Overlay
Zoning District located at 387 Jim’s Road in Mount Tremper, SBL# 25.4-3-7 Rep:
Graydon Yearick
Present: Graydon
Yearick and Brett Erkman
Notes: Mr. Cross reads
the case summary and Mr. Yearick begins with saying that the description is
misleading. He continues with the barn
plans and an addition to the existing house and barn. He shares his screen to show the layout of
the plans and minor renovations. He
continues with stating to the Planning Board that Ms. Casciaro in the building
department thinks that it qualifies for a waiver. Mr. Cross states that anything over 300
square feet requires an SUP. In cases
like these, we assign site reps and go with the proposed drawings. We can’t waiver it, it’s well over 300 square
feet. Mr. Cross asks Mr. Wenk to be the
site rep and maybe the drone aerial photograph could be helpful in this
case. Mr. Wenk states that he could
probably make that happen and requests a drone photo for the area for
this. Mr. Wenk continues to explain the
scenic overlay and usage of the drone photo and its purposes for the Planning
Board. We would like to see the area of
disturbance outward facing the tree canopy.
We want to prevent this as much as possible. We are requesting you to hire a drone
photographer and use a current photo and simply delineate the area of the
canopy and perimeter of the area of disturbance so we can give you guidance
what trees can be removed, good management practices, etc. He says that he can recommend a drone
photographer and a site visit should happen.
Ms. Gray states that the area of disturbance needs to be shown on the
photo. Mr. Wenk states that they want to
see a chunk of the canopy; circle to show an idea of the area of
disturbance. Mr. Yearick states that he
has one and will get that done. He asks
Mr. Wenk when they can meet at the job site.
Ms. Gray states that she will email Mr. Yearick Mr. Wenk’s contact
information and an example of a usable photo.
Mr. Cross states that after the site visit and Mr. Wenk’s findings we
will scheduled a 2nd site plan review. Ms. Gray said she would schedule when we
received information from Mr. Wenk and the drone photo. Mr. Wenk states that with that in mind, do
the drone photograph before I come. Mr.
Yearick says yes, he’ll get it done. Mr.
Cross states very good.
7:40 PM HELLENIC
ORTHODOX TRADITIONALIST CHURCH OF AMERICA, INC. SUP# 21-0479A:
Sketch
Plan Review of
a Special Use Permit application to create a single person burial site in the
R5 Zoning District located at 521 Cold Brook Road in Bearsville, SBL#
36.2-2-16.100
Rep: Alexander Queen
Present: Alexander
Queen and Bishop Christodoulos
Notes: Mr. Cross read
the case summary and states that he has had some experience with burial sites. We have to locate the perimeter and put on
the map. We need a metes and bounds of
the property. An example is Albert
Grossman on site and it has its own Section Block Lot number. Mr. Cross did a little research and found out
that they would need a licensed undertaker present and it should be 3oo square
feet away from a building. Mr. Queen states that the site is for a
retired bishop. The grave is dug on top
of the hill and we would like to get approval.
Mr. Cross told the Planning Board that Ms. Gray did research also and
found out there are no state or county requirements. It just needs to follow the town code and in
our town code, this needs a special use permit.
Mr. Queen states that he knew they would need the licensed undertaker at
the burial. Mr. Cross states that if the
site changes hands, we need it to properly be marked with a survey plot. He asks for Mr. LaValle (still dealing with
Spectrum). Mr. Lipkind repeats that they
would need a licensed undertaker at the time of burial to Mr. Queen. “John’s here,’ says various members of the
board. He says that his input is that
Albert Grossman was the case he knew and this sounds right and if they intend
to bury more people, make it bigger now.
Mr. Wenk says if you plan to utilize the property there, yes, do this
now. Mr. Queen states that they were
trying to expedite this for the bishop.
Mr. LaValle states make it bigger, do six or ten, it doesn’t matter if
its surveyed; then it’s done. Mr. Queen states that Bishop Chris would like to
be buried there, also. Mr. Cross says
have it surveyed. Mr. Queen asks do we
have to fill out a whole other application.
Ms. Gray states no, just get the survey and I’ll get you back on the
agenda. Mr. Cross states that as Ms.
Gray found out, there are no particular laws in regards to this. Mr. Queen asked do we need a lot within the
lot. Is any surveyor ok? Mr. Cross states yes, exactly. Mr .Cross says so you don’t have to
reapply. Ms. Kerman points out some
wetlands and talks to Mr. Queen about the site visit she did there when they
made the candle shop. Mr. Queen states
that the candle shop is in the field and the remains of the slab is what is
there. Mr. Lipkind asks what to do. Mr. Cross says get the survey done. Ms. Gray said and then get your SUP. Summation is get the survey done and come
back for the meeting and continue with the process.
UNFINISHED BUSINESS:
+ Make a motion to adopt draft
resolution for 15 Rock City Road, LLC SPR# 20-0333A
Notes: * add town engineer and Larry Alllen seal of approvals
on plans with septic specifications and locations.
Make motion to approve draft resolution with above edit
Make
motion: Stuart Lipkind 2nd: Brian Normoyle Aye:
All
+ Make a motion to adopt
draft resolutions for STR Cases under Executive Order: SUP# 19-0523
Dolores Schaeffer, SUP# 19-0524 Doug & Jamie Barthel, SUP# 19-0526 Noah and
Thalia Nierenberg,
SUP#
19-0528 Lindsay Barrett, SUP# 19-0529 Brett & Cassidy Nasello, SUP# 19-0532
Maggie & Dennis O’Neill, SUP# 19-0533 Marsh Meadows LLC, SUP# 19-0534 John
Scurti, SUP# 19-0535 Colin C. B. Shelley & Tania Travers, SUP# 19-0536 Crosby
& Mercer LLC, SUP# 19-0537 Larry Beinhart & Gillian Farrell,
SUP#
19-0538 Craig Hazen, SUP# 20-0540 John LoManto & Elizabeth Torgovnick, SUP#
20-0541 Lynn B. Dodge, SUP# 20-0545 Catherine Spiotta, Elena Spiotta and
Christine Healy
Notes:
Make motion to approve draft resolutions
Make
motion: Peter Cross 2nd: Judith Kerman Aye: All
+ Discussion of
Potential Further Meetings regarding CEA (Critically Environmental Areas)
Based
on PC’s memo – Notes: Mr. Cross says
that the Board received his memo and the concept is that we get a how, what and
where criteria and restrictions for these areas. We have a meeting with Ingrid Haeckel coming
up. Mr. Cross asks Mr. LaValle, the
senior member and previous town supervisor if he thinks this is
reasonable. Mr. LaValle states yes,
appropriate. Mr. Cross states that the
meeting with Ms. Haeckel will happen in March and we could take a few minutes
each meeting to discuss this. Ms. Gray
states that WEC, Julia Blelock and Ingrid Haeckel are all on board and excited
to work together. Ms. Kerman asks if she
could give a quick look of what the data shows.
The next meeting we will let Ms. Kerman have ten minutes to show us as
our first CEA point. Mr. Cross states that
we could apply this to the comp plan.
+ Make a motion to approve
credits for Peter Cross attending webinar “Understanding and Applying the
NYS
Environmental Quality
Review Act” Jan. 17, 2021
Make
motion to approve credits: Brian
Normoyle 2nd: Stuart Lipkind Aye: All
Mr. Lipkind asks Melissa to include the addresses for the Short
Term Rental cases. Conversation between
Mr. Lipkind, Ms. Gray and Ms. Kerman about possibly mapping the short term
rentals. Ms. Gray says she will get them
the list.
Mr. LaValle told Mr. Lipkind that drive over septic s have been
used for over 40 years and this isn’t an issue.
Mr. Lipkind said he didn’t know.
ADJOURNMENT
Time: 8:36 pm
Make motion to end meeting:
Stuart Lipkind 2nd: Peter Cross Aye: All
ADOPTED RESOLUTIONS:
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SITE PLAN REVIEW APPROVAL WITH CONDITIONS
FIFTEEN
ROCK CITY ROAD, LLC
SPR#
20-0333A
At a
regularly scheduled meeting of the Town of Woodstock Planning Board on January
21, 2021, there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian
Normoyle, and James Conrad
Absent:
A
motion was made by: Stuart Lipkind, and Seconded by: Brian Normoyle
The
Vote was:
Peter
Cross Aye
Stuart
Lipkind Aye
John
LaValle Aye
Judith
Kerman Aye
Conor
Wenk Aye
Brian
Normoyle Aye
James
Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, is considering an application
(the proposed action) from Fifteen Rock City Road, LLC (the applicant) to
modify an existing Site Plan to convert prior retail space into a restaurant;
including the addition of a kitchen, creating outdoor seating, interior
renovations, lighting and parking changes in the Hamlet Commercial Zoning
District, located at 15 Rock City Road in Woodstock; and
WHEREAS, the parcel (owned by applicant) are
designated on the Tax Map of the Town of Woodstock as Map Section 27.54, Block
3, Lot 8; and
WHEREAS, the proposed action requires Site Plan
Review (SPR) and Approval in accordance with Section 260-74 of the Town of
Woodstock Zoning Law; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Application for Site Plan Review,
received November 3, 2020, including Town of Woodstock Short Environmental Assessment Form (EAF), and referral from Zoning
Enforcement Officer (ZEO) dated November
2, 2020;
2) Preliminary site plans prepared by
Constantine Kalesis, received November 3, 2020, including plans including
lighting spec sheets, received November 3, 2020;
3) Operating Agreement of 15 Rock City Road,
LLC containing members received on November 20, 2020
4) Memo from Zoning Enforcement Officer (ZEO) determining change of use received
December 16, 2020; and
WHEREAS, in accordance with SEQR 6 NYCRR Part
617.5(c)7, and by reference to TWEQR, the proposed action is considered a Type
II Action for which further SEQR review and determination of significance are
unnecessary; and
WHEREAS, the proposed action does not require
referral to the Town of Woodstock Zoning Board of Appeals (ZBA) for variances
from the area and bulk requirements of the Town of Woodstock Zoning Law;
and
WHEREAS, the application was not referred to
the Ulster County Planning Board (UCPB) pursuant to Section 239(l) and (m) of
General Municipal Law since proposed site plan modifications meet referral
exemption criteria as agreed to under the Memo of Agreement signed between the
Woodstock Planning Board and UCPB on January 15, 2009; and
WHEREAS, in accordance with Woodstock Town Code
Section 65, Environmental Quality Review,
the submitted SEQR/TWEQR Environmental Assessment Form (EAF) was offered to the
Woodstock Environmental Commission (WEC) for their review and comments. The WEC
responded that they had no concerns with respect to the proposed action; and
WHEREAS, in accordance with Town Zoning Law,
Article XII, Commission for Civic Design (CCD),
the Planning Board considered the scope of exterior changes to the site and structures
and decided waiver of CCD Review was applicable due to the proposal’s minor
exterior alterations; and
WHEREAS, on December 3, 2020, the Planning
Board (PB) held a sketch plan review with applicant, at which time the PB
requested the following: 1) Comment from Zoning Enforcement Officer (ZEO) to
clarify if this is a change of use from retail to restaurant; 2) In Lieu of
Parking fee be calculated and forwarded to applicant; 3) contact Water &
Sewer for a site visit to inspect
existing facilities; and
WHEREAS, said determinations were received from
Zoning Enforcement Officer on December 16, 2020 giving the Planning Board
clarification on their request. The
Planning Board office calculated In Lieu of Parking Fees on January 6, 2021 to
be addressed and finalized with the Town Board.
The Planning Board received notification from the Town of Woodstock
Water & Sewer Department that the existing sewer service will not be
adequate for the proposed project on December 9, 2019; and
WHEREAS, on January 21, 2021, after proper
notification, the Planning Board opened a Public Hearing to obtain comments
about the proposed action from the public and interested and involved agencies;
and
WHEREAS, after no comments were received from
the public and interested and involved agencies, the Planning Board closed
the Public Hearing prior to further discussing the case;
and
WHEREAS, the Town of Woodstock Town Code,
Section 260, Zoning, Article VII, Site Plan Review and Approval, was
considered in the review of this application, and the Planning Board has also
taken into account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That in accordance with SEQR Part
617.5(c)7, proposal is considered a Type II Action not having a significant
impact on the environment and is therefore not subject to additional
environmental quality review; Be it Further
RESOLVED, That pursuant to Section 260-30 of the
Zoning Law, Parking and Loading Standards,
the applicant submitted parking calculations that included ten (10)
pre-existing spaces in the Photosensualis plans. The Planning Board determined
that added interior and outdoor seating resulted in the need for (84) interior
seats and (52) outdoor seats in regards to parking spaces. Applicant will therefore be required to
pay the fee in-lieu-of providing the above mentioned seating calculations for
onsite parking spaces to the Town Board; Be it Further
RESOLVED, That the Planning Board hereby grants approval of the Fifteen Rock
City Road, LLC, Site Plan Review (SPR) #20-0333A, subject to the following conditions:
1.
Submit five (5) complete sets of final site and floor plans, each set with
signed applicant’s compliance statement;
2. Submit Fee in-lieu-of Onsite Parking Spaces for forty-five (45.333…)
spaces and in accordance with the Town
Development Fee Schedule Section 1.41, in the amount of $33,000, OR in
the amount to be determined by the Town Board.
Please submit a letter from the Town Board confirming;
3.
Submit letter from Town’s Engineer and
Town of Woodstock Water and Sewer with approval of proposal for new septic
/ sewer service / grease trap to accommodate site plan;
4.
Submit Final Development Fee in the amount of $1,515 amount in accordance with the Town Woodstock Development Fee
Schedule Section 1.22, based on cost of improvements; Be it Further
RESOLVED, That all abovementioned conditions
shall be met prior to the endorsement of the final Site Plan by a Planning
Board Member; Be it Further
RESOLVED, That Site Plan Approval expires if a
Building Permit is not requested within twelve (12) months of the date of this
final approval, or if a Certificate of Occupancy or Compliance is not obtained
within twenty-four (24) months from the date of this approval. An extension of
the Site Plan Approval may be granted by a majority vote of the Planning Board;
Be it Further
RESOLVED, That any alteration or deviation from
the signed final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved site plan shall comply with the requirements of the Town of Woodstock
Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or Compliance
pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH CONDITIONS
DOLORES C. SCHAEFFER
SPECIAL USE PERMIT #19-0523
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
January 21, 2021 there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James Conrad
Absent:
A Motion was made by: Peter Cross, and
Seconded by: Judith Kerman
The Vote was:
Peter Cross Aye
Stuart
Lipkind Aye
John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Aye
James Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, has considered a Special Use
Permit (SUP) application received from Dolores C. Schaeffer (the Applicant) to
establish a 2-bedroom, non-owner occupied, Short Term Rental dwelling (the
proposed action); and
WHEREAS, the proposed use is located in the R3
Zoning District at 26 Hasbrouck Lane in Woodstock, and is designated on the Tax
Map of the Town of Woodstock as Section 27.18, Block 5, Lot 11; and
WHEREAS, the Short Term Rental dwelling use
requires Special Use Permit review and approval under Town of Woodstock Local
Law #1 of 2019, Zoning, Section 260-14, Schedule of Use Regulations, 260 Attachment 1 (as amended); Section
260-56, Bed & Breakfasts and Short Term Rentals (STR) (as amended);
Article VI, Special Permit Uses, Section 260-62, General Standards, and Section 260-30(A)(3), Parking &
Loading Standards for STRs (as amended); and
WHEREAS, on December 16, 2020 a Declaration of
Town Wide Emergency was declared pursuant to Section 24 of the New York State
Executive Law and was adopted by the Town of Woodstock to waive the public
hearing part of the process for your short term rental Special Use Permit
application; in order to reduce the backlog of applications awaiting to be seen
by the Planning Board according to Section 260-56 of the Woodstock Town Code;
and
WHEREAS, the Planning Board office reviewed
your application, will notify the contiguous neighbors and continue forward
with the process in adopting this resolution; as stated herein; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Special Use
Permit application, received 11/21/19;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated and received
11/21/19;
3) A Site Plan depicting building layouts, roads,
neighboring properties, garbage placement and a parking plan, prepared by
applicant and received 11/21/19;
4) A Safety Egress Plan; and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260
Attachment 1, and Area and Bulk Regulations, 260 Attachment 2, Zoning
Board of Appeals (ZBA) variance(s) are not required for the proposed action;
and
WHEREAS, a sketch plan review of the application was held on
February 6, 2020, at which time
the Planning Board (PB) deemed the application was complete and a Public
Hearing was set for April 16, 2020 and that Public Hearing was cancelled due to
the Covid Pandemic; and
WHEREAS, on January 28, 2021, letters were mailed to the
contiguous neighbors to gather commentary from the public and any
interested/involved agencies; and
WHEREAS, after receiving any commentary from the public and
interested/involved agencies, the Planning Board forwarded the commentary and
any additional information to the building department; and
WHEREAS, the Planning Board has fully reviewed
the application and relevant materials submitted and has also taken into
account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That the Planning Board
has considered the criteria for determining significance as set forth in
Section 617.7(c) of the SEQRA Regulations and finds that the proposed activity
is a Type II Action under SEQR Section 617.5, and that it is in accordance with
the Planning Board’s adopted list of Type II Actions not requiring environmental
review; and
RESOLVED, That with the above circumstances and
the current Covid Pandemic, when the applicant meets the conditions stated in
this resolution, the Planning Board office will issue a special use permit for
the legality of the short term rental.
Be it Further;
RESOLVED, That the Planning Board hereby grants approval to the Dolores C.
Schaeffer Special Permit (SUP) #19-0523 subject to the conditions below:
1. Three (3) copies of the
approved final plan, including the signed owners’ compliance statement, shall
be submitted for Planning Board endorsement. Plan copies and signed
compliance statement have been submitted;
2. Final Development Fee
in the amount of $200 shall be paid in accordance with Section 1.23 of the Town
of Woodstock Development Fee Schedule; Be it Further;
RESOLVED, That the following Special Use Permit conditions apply to
the Short Term Rental use:
1. The Applicants shall adhere to the final,
signed and filed plans. Any and all future modifications shall conform to and
comply with all applicable sections of the Town of Woodstock Zoning Law;
2. This Special Use Permit shall be
valid indefinitely subject to the provisions of the Town of Woodstock Zoning
Law with regard to Short Term Rentals;
3.
A use authorized by Special Use Permit may be revoked by the Planning
Board if it is found and determined after notice and a Public Hearing, held in
a manner as provided for by law, that there has been a failure to comply with
any of the terms, conditions or requirements imposed by said Special Use
Permit; Be it Further
RESOLVED, That a Special Use Permit shall be
deemed to only authorize one particular use, and shall expire if the Special
Use Permit activity is not commenced and diligently pursued within eighteen
(18) months of the date of its issuance, or if the use authorized by the
Special Use Permit ceases for more than a twelve (12) month period; Be it
Further
RESOLVED, That any alteration or deviation from
the signed, final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved Special Use Permit shall comply with the requirements of Articles VI
of the Town of Woodstock Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or
Compliance pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH CONDITIONS
DOUG and JAMIE BARTHEL
SPECIAL USE PERMIT #19-0524
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
January 21, 2021 there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James Conrad
Absent:
A Motion was made by: Peter Cross, and
Seconded by: Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Aye
James Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, has considered a Special Use
Permit (SUP) application received from Doug and Jamie Barthel (the Applicants)
to establish a 3-bedroom, non-owner occupied, Short Term Rental dwelling (the
proposed action); and
WHEREAS, the proposed use is located in the R3
Zoning District at 2217 Glasco Turnpike in Woodstock , and is designated on the
Tax Map of the Town of Woodstock as Section 27.10, Block 2, Lot 9; and
WHEREAS, the Short Term Rental dwelling use
requires Special Use Permit review and approval under Town of Woodstock Local
Law #1 of 2019, Zoning, Section 260-14, Schedule of Use Regulations, 260 Attachment 1 (as amended); Section
260-56, Bed & Breakfasts and Short Term Rentals (STR) (as amended);
Article VI, Special Permit Uses, Section 260-62, General Standards, and Section 260-30(A)(3), Parking &
Loading Standards for STRs (as amended); and
WHEREAS, on December 16, 2020 a Declaration of
Town Wide Emergency was declared pursuant to Section 24 of the New York State
Executive Law and was adopted by the Town of Woodstock to waive the public
hearing part of the process for your short term rental Special Use Permit
application; in order to reduce the backlog of applications awaiting to be seen
by the Planning Board according to Section 260-56 of the Woodstock Town Code;
and
WHEREAS, the Planning Board office reviewed
your application, will notify the contiguous neighbors and continue forward
with the process in adopting this resolution; as stated herein; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Special Use
Permit application, received 11/21/19;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated and received
11/21/19;
3) A Site Plan depicting the layout of the property
including parking and evacuation drawings, prepared by applicant and received
11/21/19; and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260
Attachment 1, and Area and Bulk Regulations, 260 Attachment 2, Zoning
Board of Appeals (ZBA) variance(s) are not required for the proposed action;
and
WHEREAS, a sketch plan review of the application was held on
February 20, 2020, at which time
the Planning Board (PB) deemed the application was complete and a Public
Hearing was set for May 7, 2020 and that Public Hearing was cancelled due to
the Covid Pandemic; and
WHEREAS, on January 28, 2021, letters were mailed to the
contiguous neighbors to gather commentary from the public and any interested/involved
agencies; and
WHEREAS, after receiving any commentary from the public and
interested/involved agencies, the Planning Board forwarded the commentary and
any additional information to the building department; and
WHEREAS, the Planning Board has fully reviewed
the application and relevant materials submitted and has also taken into
account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That the Planning Board
has considered the criteria for determining significance as set forth in
Section 617.7(c) of the SEQRA Regulations and finds that the proposed activity
is a Type II Action under SEQR Section 617.5, and that it is in accordance with
the Planning Board’s adopted list of Type II Actions not requiring
environmental review; and
RESOLVED, That with the above circumstances and
the current Covid Pandemic, when the applicant meets the conditions stated in
this resolution, the Planning Board office will issue a special use permit for
the legality of the short term rental.
Be it Further;
RESOLVED, That the Planning Board hereby grants approval to the Doug and Jamie
Barthel Special Permit (SUP) #19-0524 subject to the conditions below:
1. Three (3) copies of the
approved final plan, including the signed owners’ compliance statement, shall
be submitted for Planning Board endorsement. Plan copies and signed
compliance statement have been submitted;
2. Final Development Fee
in the amount of $200 shall be paid in accordance with Section 1.23 of the Town
of Woodstock Development Fee Schedule; Be it Further;
RESOLVED, That the following Special Use Permit conditions apply to
the Short Term Rental use:
1. The Applicants shall adhere to the
final, signed and filed plans. Any and all future modifications shall conform
to and comply with all applicable sections of the Town of Woodstock Zoning Law;
2. This Special Use Permit shall be
valid indefinitely subject to the provisions of the Town of Woodstock Zoning
Law with regard to Short Term Rentals;
3.
A use authorized by Special Use Permit may be revoked by the Planning
Board if it is found and determined after notice and a Public Hearing, held in
a manner as provided for by law, that there has been a failure to comply with
any of the terms, conditions or requirements imposed by said Special Use
Permit; Be it Further
RESOLVED, That a Special Use Permit shall be
deemed to only authorize one particular use, and shall expire if the Special
Use Permit activity is not commenced and diligently pursued within eighteen
(18) months of the date of its issuance, or if the use authorized by the
Special Use Permit ceases for more than a twelve (12) month period; Be it
Further
RESOLVED, That any alteration or deviation from
the signed, final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved Special Use Permit shall comply with the requirements of Articles VI
of the Town of Woodstock Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or
Compliance pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH CONDITIONS
NOAH and THALIA NIERENBERG
SPECIAL USE PERMIT #19-0526
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
January 21, 2021 there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James Conrad
Absent:
A Motion was made by: Peter Cross, and
Seconded by:
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Aye
James Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, has considered a Special Use
Permit (SUP) application received from Noah and Thalia Nierenberg (the
Applicants) to establish a 3-bedroom, non-owner occupied, Short Term Rental
dwelling (the proposed action); and
WHEREAS, the proposed use is located in the R5
Zoning District at 297 Abbey Road in Wittenberg, and is designated on the Tax
Map of the Town of Woodstock as Section 25.2, Block 1, Lot 2; and
WHEREAS, the Short Term Rental dwelling use
requires Special Use Permit review and approval under Town of Woodstock Local
Law #1 of 2019, Zoning, Section 260-14, Schedule of Use Regulations, 260 Attachment 1 (as amended); Section
260-56, Bed & Breakfasts and Short Term Rentals (STR) (as amended);
Article VI, Special Permit Uses, Section 260-62, General Standards, and Section 260-30(A)(3), Parking &
Loading Standards for STRs (as amended); and
WHEREAS, on December 16, 2020 a Declaration of
Town Wide Emergency was declared pursuant to Section 24 of the New York State
Executive Law and was adopted by the Town of Woodstock to waive the public
hearing part of the process for your short term rental Special Use Permit
application; in order to reduce the backlog of applications awaiting to be seen
by the Planning Board according to Section 260-56 of the Woodstock Town Code;
and
WHEREAS, the Planning Board office reviewed
your application, will notify the contiguous neighbors and continue forward
with the process in adopting this resolution; as stated herein; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Special Use
Permit application, received 12/3/19;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated 12/2/19 and
received 12/3/19;
3) A Site Plan depicting the layout of the property
including buildings, parking, safety / egress plan, and garbage removal plan
prepared by applicant and received 12/3/19; and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260
Attachment 1, and Area and Bulk Regulations, 260 Attachment 2, Zoning
Board of Appeals (ZBA) variance(s) are not required for the proposed action;
and
WHEREAS, a sketch plan review of the application was held on
February 20, 2020, at which time
the Planning Board (PB) deemed the application was complete and a Public
Hearing was set for May 7, 2020 and that Public Hearing was cancelled due to
the Covid Pandemic; and
WHEREAS, on January 28, 2021, letters were mailed to the
contiguous neighbors to gather commentary from the public and any
interested/involved agencies; and
WHEREAS, after receiving any commentary from the public and
interested/involved agencies, the Planning Board forwarded the commentary and
any additional information to the building department; and
WHEREAS, the Planning Board has fully reviewed
the application and relevant materials submitted and has also taken into
account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That the Planning Board
has considered the criteria for determining significance as set forth in
Section 617.7(c) of the SEQRA Regulations and finds that the proposed activity
is a Type II Action under SEQR Section 617.5, and that it is in accordance with
the Planning Board’s adopted list of Type II Actions not requiring
environmental review; and
RESOLVED, That with the above circumstances and
the current Covid Pandemic, when the applicant meets the conditions stated in
this resolution, the Planning Board office will issue a special use permit for
the legality of the short term rental.
Be it Further;
RESOLVED, That the Planning Board hereby grants approval to the Noah and
Thalia Nierenberg Special
Permit (SUP) #19-0526 subject to the conditions below:
1. Three (3) copies of the
approved final plan, including the signed owners’ compliance statement, shall
be submitted for Planning Board endorsement. Plan copies and signed
compliance statement have been submitted;
2. Final Development Fee
in the amount of $200 shall be paid in accordance with Section 1.23 of the Town
of Woodstock Development Fee Schedule; Be it Further;
RESOLVED, That the following Special Use Permit conditions apply to
the Short Term Rental use:
1. The Applicants shall adhere to the
final, signed and filed plans. Any and all future modifications shall conform
to and comply with all applicable sections of the Town of Woodstock Zoning Law;
2. This Special Use Permit shall be
valid indefinitely subject to the provisions of the Town of Woodstock Zoning
Law with regard to Short Term Rentals;
3.
A use authorized by Special Use Permit may be revoked by the Planning
Board if it is found and determined after notice and a Public Hearing, held in
a manner as provided for by law, that there has been a failure to comply with
any of the terms, conditions or requirements imposed by said Special Use
Permit; Be it Further
RESOLVED, That a Special Use Permit shall be
deemed to only authorize one particular use, and shall expire if the Special
Use Permit activity is not commenced and diligently pursued within eighteen
(18) months of the date of its issuance, or if the use authorized by the
Special Use Permit ceases for more than a twelve (12) month period; Be it
Further
RESOLVED, That any alteration or deviation from
the signed, final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved Special Use Permit shall comply with the requirements of Articles VI
of the Town of Woodstock Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or
Compliance pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH CONDITIONS
LINDSAY BARRETT
SPECIAL USE PERMIT #19-0528
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
January 21, 2021 there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James Conrad
Absent:
A Motion was made by: Peter Cross, and
Seconded by:
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Aye
James Conrad Aye
WHEREAS, the Planning Board of the Town of Woodstock,
located in Ulster County, New York, has considered a Special Use Permit (SUP)
application received from Lindsay Barrett (the Applicant) to establish a
3-bedroom, non-owner occupied, Short Term Rental dwelling (the proposed
action); and
WHEREAS, the proposed use is located in the R3
Zoning District at 13 MacDaniel Road in Bearsville, and is designated on the
Tax Map of the Town of Woodstock as Section 15.4, Block 3, Lot 26; and
WHEREAS, the Short Term Rental dwelling use
requires Special Use Permit review and approval under Town of Woodstock Local
Law #1 of 2019, Zoning, Section 260-14, Schedule of Use Regulations, 260 Attachment 1 (as amended); Section
260-56, Bed & Breakfasts and Short Term Rentals (STR) (as amended);
Article VI, Special Permit Uses, Section 260-62, General Standards, and Section 260-30(A)(3), Parking &
Loading Standards for STRs (as amended); and
WHEREAS, on December 16, 2020 a Declaration of
Town Wide Emergency was declared pursuant to Section 24 of the New York State
Executive Law and was adopted by the Town of Woodstock to waive the public
hearing part of the process for your short term rental Special Use Permit
application; in order to reduce the backlog of applications awaiting to be seen
by the Planning Board according to Section 260-56 of the Woodstock Town Code;
and
WHEREAS, the Planning Board office reviewed
your application, will notify the contiguous neighbors and continue forward
with the process in adopting this resolution; as stated herein; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Special Use
Permit application, received 1/31/20;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated and received
12/2/19 and received 12/3/19 (under previous owner’s name) which was
transferred to Lindsay Barrett on deed 1/17/20;
3) A Site Plan depicting building layouts, roads,
prepared by applicant and received 12/3/19;
4) A Safety Egress Plan; and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260
Attachment 1, and Area and Bulk Regulations, 260 Attachment 2, Zoning
Board of Appeals (ZBA) variance(s) are not required for the proposed action;
and
WHEREAS, a sketch plan review of the application was held on
March 5, 2020, at which time the Planning Board (PB) deemed the
application was complete and a Public Hearing was set for April 16, 2020 and
that Public Hearing was cancelled due to the Covid Pandemic; and
WHEREAS, on January 28, 2021, letters were mailed to the
contiguous neighbors to gather commentary from the public and any
interested/involved agencies; and
WHEREAS, after receiving any commentary from the public and
interested/involved agencies, the Planning Board forwarded the commentary and
any additional information to the building department; and
WHEREAS, the Planning Board has fully reviewed
the application and relevant materials submitted and has also taken into
account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That the Planning Board
has considered the criteria for determining significance as set forth in
Section 617.7(c) of the SEQRA Regulations and finds that the proposed activity
is a Type II Action under SEQR Section 617.5, and that it is in accordance with
the Planning Board’s adopted list of Type II Actions not requiring
environmental review; and
RESOLVED, That with the above circumstances and
the current Covid Pandemic, when the applicant meets the conditions stated in
this resolution, the Planning Board office will issue a special use permit for the
legality of the short term rental. Be it
Further;
RESOLVED, That the Planning Board hereby grants approval to the Lindsay Barrett
Special Permit (SUP) #19-0528 subject to the conditions below:
1. Three (3) copies of the
approved final plan, including the signed owners’ compliance statement, shall
be submitted for Planning Board endorsement. Plan copies and signed
compliance statement have been submitted;
2. Final Development Fee
in the amount of $200 shall be paid in accordance with Section 1.23 of the Town
of Woodstock Development Fee Schedule; Be it Further;
RESOLVED, That the following Special Use Permit conditions apply to
the Short Term Rental use:
1. The Applicants shall adhere to the
final, signed and filed plans. Any and all future modifications shall conform
to and comply with all applicable sections of the Town of Woodstock Zoning Law;
2. This Special Use Permit shall be
valid indefinitely subject to the provisions of the Town of Woodstock Zoning
Law with regard to Short Term Rentals;
3.
A use authorized by Special Use Permit may be revoked by the Planning
Board if it is found and determined after notice and a Public Hearing, held in
a manner as provided for by law, that there has been a failure to comply with
any of the terms, conditions or requirements imposed by said Special Use
Permit; Be it Further
RESOLVED, That a Special Use Permit shall be
deemed to only authorize one particular use, and shall expire if the Special
Use Permit activity is not commenced and diligently pursued within eighteen
(18) months of the date of its issuance, or if the use authorized by the
Special Use Permit ceases for more than a twelve (12) month period; Be it
Further
RESOLVED, That any alteration or deviation from
the signed, final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved Special Use Permit shall comply with the requirements of Articles VI
of the Town of Woodstock Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or
Compliance pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH CONDITIONS
BRETT & CASSIDY NASELLO
SPECIAL USE PERMIT #19-0529
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
January 21, 2021 there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James Conrad
Absent:
A Motion was made by:
Peter Cross, and Seconded
by: Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Aye
James Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, has considered a Special Use
Permit (SUP) application received from Brett and Cassidy Nasello (the
Applicants) to establish a 3-bedroom, non-owner occupied, Short Term Rental
dwelling (the proposed action); and
WHEREAS, the proposed use is located in the R3
Zoning District at 3923 Route 212 in Lake Hill, and is designated on the Tax
Map of the Town of Woodstock as Section 15.18, Block 2, Lot 31; and
WHEREAS, the Short Term Rental dwelling use
requires Special Use Permit review and approval under Town of Woodstock Local
Law #1 of 2019, Zoning, Section 260-14, Schedule of Use Regulations, 260 Attachment 1 (as amended); Section
260-56, Bed & Breakfasts and Short Term Rentals (STR) (as amended);
Article VI, Special Permit Uses, Section 260-62, General Standards, and Section 260-30(A)(3), Parking &
Loading Standards for STRs (as amended); and
WHEREAS, on December 16, 2020 a Declaration of
Town Wide Emergency was declared pursuant to Section 24 of the New York State
Executive Law and was adopted by the Town of Woodstock to waive the public
hearing part of the process for your short term rental Special Use Permit
application; in order to reduce the backlog of applications awaiting to be seen
by the Planning Board according to Section 260-56 of the Woodstock Town Code;
and
WHEREAS, the Planning Board office reviewed
your application, will notify the contiguous neighbors and continue forward
with the process in adopting this resolution; as stated herein; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Special Use
Permit application, received 12/4/19;
2) Referral from Town
of Woodstock Zoning Enforcement Officer (ZEO), dated 12/3/19 and received
12/4/19;
3) A Site Plan on an aerial photograph depicting building
layout, Route 212, parking area and a refuse & recycling plan summary,
prepared by applicant and received 12/4/19; and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260
Attachment 1, and Area and Bulk Regulations, 260 Attachment 2, Zoning
Board of Appeals (ZBA) variance(s) are not required for the proposed action;
and
WHEREAS, a sketch plan review of the application was held on
March 5, 2020, at which time the Planning Board (PB) deemed the
application was complete and a Public Hearing was set for April 16, 2020 and
that Public Hearing was cancelled due to the Covid Pandemic; and
WHEREAS, on January 28, 2021, letters were mailed to the
contiguous neighbors to gather commentary from the public and any
interested/involved agencies; and
WHEREAS, after receiving any commentary from the public and
interested/involved agencies, the Planning Board forwarded the commentary and
any additional information to the building department; and
WHEREAS, the Planning Board has fully reviewed
the application and relevant materials submitted and has also taken into
account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That the Planning Board
has considered the criteria for determining significance as set forth in
Section 617.7(c) of the SEQRA Regulations and finds that the proposed activity
is a Type II Action under SEQR Section 617.5, and that it is in accordance with
the Planning Board’s adopted list of Type II Actions not requiring
environmental review; and
RESOLVED, That with the above circumstances and
the current Covid Pandemic, when the applicant meets the conditions stated in
this resolution, the Planning Board office will issue a special use permit for
the legality of the short term rental.
Be it Further;
RESOLVED, That the Planning Board hereby grants approval to the Brett and
Cassidy Nasello Special Permit (SUP) #19-0529 subject to the conditions
below:
1. Three (3) copies of the
approved final plan, including the signed owners’ compliance statement, shall
be submitted for Planning Board endorsement. Plan copies and signed
compliance statement have been submitted;
2. Final Development Fee
in the amount of $200 shall be paid in accordance with Section 1.23 of the Town
of Woodstock Development Fee Schedule; Be it Further;
RESOLVED, That the following Special Use Permit conditions apply to
the Short Term Rental use:
1. The Applicants shall adhere to the final,
signed and filed plans. Any and all future modifications shall conform to and
comply with all applicable sections of the Town of Woodstock Zoning Law;
2. This Special Use Permit shall be
valid indefinitely subject to the provisions of the Town of Woodstock Zoning
Law with regard to Short Term Rentals;
3.
A use authorized by Special Use Permit may be revoked by the Planning
Board if it is found and determined after notice and a Public Hearing, held in
a manner as provided for by law, that there has been a failure to comply with
any of the terms, conditions or requirements imposed by said Special Use
Permit; Be it Further
RESOLVED, That a Special Use Permit shall be
deemed to only authorize one particular use, and shall expire if the Special
Use Permit activity is not commenced and diligently pursued within eighteen
(18) months of the date of its issuance, or if the use authorized by the
Special Use Permit ceases for more than a twelve (12) month period; Be it
Further
RESOLVED, That any alteration or deviation from
the signed, final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved Special Use Permit shall comply with the requirements of Articles VI
of the Town of Woodstock Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or
Compliance pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH CONDITIONS
MAGGIE and DENNIS O’NEILL
SPECIAL USE PERMIT #19-0532
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
January 21, 2021 there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James Conrad
Absent:
A Motion was made by: Peter Cross, and
Seconded by:
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Aye
James Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, has considered a Special Use
Permit (SUP) application received from Maggie and Dennis O’Neill (the
Applicants) to establish a 3-bedroom, non-owner occupied, Short Term Rental
dwelling (the proposed action); and
WHEREAS, the proposed use is located in the R3
Zoning District at 4 Raycliffe Drive in Woodstock, and is designated on the Tax
Map of the Town of Woodstock as Section 16, Block 5, Lot 1.100; and
WHEREAS, the Short Term Rental dwelling use
requires Special Use Permit review and approval under Town of Woodstock Local
Law #1 of 2019, Zoning, Section 260-14, Schedule of Use Regulations, 260 Attachment 1 (as amended); Section
260-56, Bed & Breakfasts and Short Term Rentals (STR) (as amended);
Article VI, Special Permit Uses, Section 260-62, General Standards, and Section 260-30(A)(3), Parking &
Loading Standards for STRs (as amended); and
WHEREAS, on December 16, 2020 a Declaration of
Town Wide Emergency was declared pursuant to Section 24 of the New York State
Executive Law and was adopted by the Town of Woodstock to waive the public
hearing part of the process for your short term rental Special Use Permit
application; in order to reduce the backlog of applications awaiting to be seen
by the Planning Board according to Section 260-56 of the Woodstock Town Code;
and
WHEREAS, the Planning Board office reviewed
your application, will notify the contiguous neighbors and continue forward
with the process in adopting this resolution; as stated herein; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Special Use
Permit application, received 12/9/19;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated and received
12/9/19;
3) A cover letter for the Site Plan that depicts the
layout of the property including buildings, parking, safety / egress plan
prepared by applicant and received 12/9/19; and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260
Attachment 1, and Area and Bulk Regulations, 260 Attachment 2, Zoning
Board of Appeals (ZBA) variance(s) are not required for the proposed action;
and
WHEREAS, a sketch plan review of the application was held on
March 5, 2020, at which time the Planning Board (PB) deemed the
application was complete and a Public Hearing was set for May 21, 2020 and that
Public Hearing was cancelled due to the Covid Pandemic; and
WHEREAS, on January 28, 2021, letters were mailed to the
contiguous neighbors to gather commentary from the public and any
interested/involved agencies; and
WHEREAS, after receiving any commentary from the public and
interested/involved agencies, the Planning Board forwarded the commentary and
any additional information to the building department; and
WHEREAS, the Planning Board has fully reviewed
the application and relevant materials submitted and has also taken into
account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That the Planning Board
has considered the criteria for determining significance as set forth in
Section 617.7(c) of the SEQRA Regulations and finds that the proposed activity
is a Type II Action under SEQR Section 617.5, and that it is in accordance with
the Planning Board’s adopted list of Type II Actions not requiring
environmental review; and
RESOLVED, That with the above circumstances and
the current Covid Pandemic, when the applicant meets the conditions stated in
this resolution, the Planning Board office will issue a special use permit for
the legality of the short term rental.
Be it Further;
RESOLVED, That the Planning Board hereby grants approval to the Maggie and
Dennis O’Neill Special
Permit (SUP) #19-0532 subject to the conditions below:
1. Three (3) copies of the
approved final plan, including the signed
owners’ compliance statement, shall be submitted for Planning Board
endorsement. Plan copies have been submitted and compliance statement is
included for signatures and to be returned to the Planning Board office;
2. Final Development Fee
in the amount of $200 shall be paid in accordance with Section 1.23 of the Town
of Woodstock Development Fee Schedule; Be it Further;
RESOLVED, That the following Special Use Permit conditions apply to
the Short Term Rental use:
1. The Applicants shall adhere to the
final, signed and filed plans. Any and all future modifications shall conform
to and comply with all applicable sections of the Town of Woodstock Zoning Law;
2. This Special Use Permit shall be
valid indefinitely subject to the provisions of the Town of Woodstock Zoning
Law with regard to Short Term Rentals;
3.
A use authorized by Special Use Permit may be revoked by the Planning
Board if it is found and determined after notice and a Public Hearing, held in
a manner as provided for by law, that there has been a failure to comply with
any of the terms, conditions or requirements imposed by said Special Use
Permit; Be it Further
RESOLVED, That a Special Use Permit shall be
deemed to only authorize one particular use, and shall expire if the Special
Use Permit activity is not commenced and diligently pursued within eighteen
(18) months of the date of its issuance, or if the use authorized by the
Special Use Permit ceases for more than a twelve (12) month period; Be it
Further
RESOLVED, That any alteration or deviation from
the signed, final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved Special Use Permit shall comply with the requirements of Articles VI
of the Town of Woodstock Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or
Compliance pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH CONDITIONS
MARSH MEADOWS, LLC
SPECIAL USE PERMIT #19-0533
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
January 21, 2021 there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James Conrad
Absent:
A Motion was made by: Peter Cross, and
Seconded by: Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Aye
James Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, has considered a Special Use
Permit (SUP) application received from Marsh Meadows, LLC (Ralf Mayer &
Martina Bruderman) (the Applicants) to establish (2) separate units containing
5-bedrooms, owner occupied, Short Term Rental dwelling (the proposed action);
and
WHEREAS, the proposed use is located in the R3
Zoning District at 4 & 8 Broadview Road in Woodstock, and is designated on
the Tax Map of the Town of Woodstock as Section 27.13, Block 2, Lot 4; and
WHEREAS, the Short Term Rental dwelling use
requires Special Use Permit review and approval under Town of Woodstock Local
Law #1 of 2019, Zoning, Section 260-14, Schedule of Use Regulations, 260 Attachment 1 (as amended); Section
260-56, Bed & Breakfasts and Short Term Rentals (STR) (as amended);
Article VI, Special Permit Uses, Section 260-62, General Standards, and Section 260-30(A)(3), Parking &
Loading Standards for STRs (as amended); and
WHEREAS, on December 16, 2020 a Declaration of
Town Wide Emergency was declared pursuant to Section 24 of the New York State
Executive Law and was adopted by the Town of Woodstock to waive the public
hearing part of the process for your short term rental Special Use Permit
application; in order to reduce the backlog of applications awaiting to be seen
by the Planning Board according to Section 260-56 of the Woodstock Town Code;
and
WHEREAS, the Planning Board office reviewed
your application, will notify the contiguous neighbors and continue forward
with the process in adopting this resolution; as stated herein; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Special Use
Permit application, received 12/12/19;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated 12/10/19 and
received 12/12/19;
3) A Site Plan depicting building layouts, parking and
floor plans of both units, prepared by applicant and received 12/12/19; and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260
Attachment 1, and Area and Bulk Regulations, 260 Attachment 2, Zoning
Board of Appeals (ZBA) variance(s) are not required for the proposed action;
and
WHEREAS, a sketch plan review of the application was held on
March 5, 2020, at which time the Planning Board (PB) deemed the
application was complete and a Public Hearing was set for April 16, 2020 and
that Public Hearing was cancelled due to the Covid Pandemic; and
WHEREAS, on January 28, 2021, letters were mailed to the
contiguous neighbors to gather commentary from the public and any
interested/involved agencies; and
WHEREAS, after receiving any commentary from the public and
interested/involved agencies, the Planning Board forwarded the commentary and
any additional information to the building department; and
WHEREAS, the Planning Board has fully reviewed
the application and relevant materials submitted and has also taken into
account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That the Planning Board
has considered the criteria for determining significance as set forth in
Section 617.7(c) of the SEQRA Regulations and finds that the proposed activity
is a Type II Action under SEQR Section 617.5, and that it is in accordance with
the Planning Board’s adopted list of Type II Actions not requiring
environmental review; and
RESOLVED, That with the above circumstances and
the current Covid Pandemic, when the applicant meets the conditions stated in
this resolution, the Planning Board office will issue a special use permit for
the legality of the short term rental.
Be it Further;
RESOLVED, That the Planning Board hereby grants approval to the Marsh Meadows,
LLC Special Permit (SUP) #19-0533 subject to the conditions below:
1. Three (3) copies of the
approved final plan, including the signed owners’ compliance statement, shall
be submitted for Planning Board endorsement. Plan copies and signed
compliance statement have been submitted;
2. Final Development Fee
in the amount of $200 shall be paid in accordance with Section 1.23 of the Town
of Woodstock Development Fee Schedule; Be it Further;
RESOLVED, That the following Special Use Permit conditions apply to
the Short Term Rental use:
1. The Applicants shall adhere to the final,
signed and filed plans. Any and all future modifications shall conform to and
comply with all applicable sections of the Town of Woodstock Zoning Law;
2. This Special Use Permit shall be
valid indefinitely subject to the provisions of the Town of Woodstock Zoning
Law with regard to Short Term Rentals;
3.
A use authorized by Special Use Permit may be revoked by the Planning
Board if it is found and determined after notice and a Public Hearing, held in
a manner as provided for by law, that there has been a failure to comply with
any of the terms, conditions or requirements imposed by said Special Use
Permit; Be it Further
RESOLVED, That a Special Use Permit shall be
deemed to only authorize one particular use, and shall expire if the Special
Use Permit activity is not commenced and diligently pursued within eighteen
(18) months of the date of its issuance, or if the use authorized by the
Special Use Permit ceases for more than a twelve (12) month period; Be it
Further
RESOLVED, That any alteration or deviation from
the signed, final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved Special Use Permit shall comply with the requirements of Articles VI
of the Town of Woodstock Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or
Compliance pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH CONDITIONS
JOHN SCURTI
SPECIAL USE PERMIT #19-0534
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
January 21, 2021 there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James Conrad
Absent:
A Motion was made by: Peter Cross, and
Seconded by: Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Aye
James Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, has considered a Special Use
Permit (SUP) application received from John Scurti (the Applicant) to establish
a 2-bedroom, non-owner occupied, Short Term Rental dwelling (the proposed
action); and
WHEREAS, the proposed use is located in the R3
Zoning District at 244 Morey Hill Road in Kingston, and is designated on the
Tax Map of the Town of Woodstock as Section 38.4, Block 3, Lot 21; and
WHEREAS, the Short Term Rental dwelling use
requires Special Use Permit review and approval under Town of Woodstock Local
Law #1 of 2019, Zoning, Section 260-14, Schedule of Use Regulations, 260 Attachment 1 (as amended); Section
260-56, Bed & Breakfasts and Short Term Rentals (STR) (as amended);
Article VI, Special Permit Uses, Section 260-62, General Standards, and Section 260-30(A)(3), Parking &
Loading Standards for STRs (as amended); and
WHEREAS, on December 16, 2020 a Declaration of
Town Wide Emergency was declared pursuant to Section 24 of the New York State
Executive Law and was adopted by the Town of Woodstock to waive the public
hearing part of the process for your short term rental Special Use Permit
application; in order to reduce the backlog of applications awaiting to be seen
by the Planning Board according to Section 260-56 of the Woodstock Town Code;
and
WHEREAS, the Planning Board office reviewed
your application, will notify the contiguous neighbors and continue forward with
the process in adopting this resolution; as stated herein; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Special Use
Permit application, received 12/12/19;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated and received
12/10/19 and received 12/12/19;
3) A Site Plan depicting building layouts, parking plan,
garbage disposal plan prepared by applicant and received 12/12/19;
4) A Safety Egress Plan; and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260
Attachment 1, and Area and Bulk Regulations, 260 Attachment 2, Zoning
Board of Appeals (ZBA) variance(s) are not required for the proposed action;
and
WHEREAS, a sketch plan review of the application was held on
March 5, 2020, at which time the Planning Board (PB) deemed the
application was complete and a Public Hearing was set for April 16, 2020 and
that Public Hearing was cancelled due to the Covid Pandemic; and
WHEREAS, on January 28, 2021, letters were mailed to the
contiguous neighbors to gather commentary from the public and any
interested/involved agencies; and
WHEREAS, after receiving any commentary from the public and
interested/involved agencies, the Planning Board forwarded the commentary and
any additional information to the building department; and
WHEREAS, the Planning Board has fully reviewed
the application and relevant materials submitted and has also taken into
account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That the Planning Board
has considered the criteria for determining significance as set forth in
Section 617.7(c) of the SEQRA Regulations and finds that the proposed activity
is a Type II Action under SEQR Section 617.5, and that it is in accordance with
the Planning Board’s adopted list of Type II Actions not requiring
environmental review; and
RESOLVED, That with the above circumstances and
the current Covid Pandemic, when the applicant meets the conditions stated in
this resolution, the Planning Board office will issue a special use permit for
the legality of the short term rental.
Be it Further;
RESOLVED, That the Planning Board hereby grants approval to the John Scurti
Special Permit (SUP) #19-0534 subject to the conditions below:
1. Three (3) copies of the
approved final plan, including the signed owners’ compliance statement, shall
be submitted for Planning Board endorsement. Plan copies and signed
compliance statement have been submitted;
2. Final Development Fee
in the amount of $200 shall be paid in accordance with Section 1.23 of the Town
of Woodstock Development Fee Schedule; Be it Further;
RESOLVED, That the following Special Use Permit conditions apply to
the Short Term Rental use:
1. The Applicants shall adhere to the
final, signed and filed plans. Any and all future modifications shall conform
to and comply with all applicable sections of the Town of Woodstock Zoning Law;
2. This Special Use Permit shall be
valid indefinitely subject to the provisions of the Town of Woodstock Zoning
Law with regard to Short Term Rentals;
3.
A use authorized by Special Use Permit may be revoked by the Planning
Board if it is found and determined after notice and a Public Hearing, held in
a manner as provided for by law, that there has been a failure to comply with
any of the terms, conditions or requirements imposed by said Special Use
Permit; Be it Further
RESOLVED, That a Special Use Permit shall be
deemed to only authorize one particular use, and shall expire if the Special
Use Permit activity is not commenced and diligently pursued within eighteen
(18) months of the date of its issuance, or if the use authorized by the
Special Use Permit ceases for more than a twelve (12) month period; Be it
Further
RESOLVED, That any alteration or deviation from
the signed, final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved Special Use Permit shall comply with the requirements of Articles VI
of the Town of Woodstock Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or
Compliance pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH CONDITIONS
COLIN C. B. SHELLEY and TANIA TRAVERS
SPECIAL USE PERMIT #19-0535
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
January 21, 2021 there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James Conrad
Absent:
A Motion was made by: Peter Cross, and
Seconded by: Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Aye
James Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, has considered a Special Use
Permit (SUP) application received from Colin C. B. Shelley and Tania Travers
(the Applicants) to establish a 3-bedroom in (2) apartment units, non-owner
occupied, Short Term Rental dwelling (the proposed action); and
WHEREAS, the proposed use is located in the
Hamlet Zoning District at 9 Old Beekman Lane in Woodstock, and is designated on
the Tax Map of the Town of Woodstock as Section 27.54, Block 4, Lot 23; and
WHEREAS, the Short Term Rental dwelling use
requires Special Use Permit review and approval under Town of Woodstock Local
Law #1 of 2019, Zoning, Section 260-14, Schedule of Use Regulations, 260 Attachment 1 (as amended); Section
260-56, Bed & Breakfasts and Short Term Rentals (STR) (as amended);
Article VI, Special Permit Uses, Section 260-62, General Standards, and Section 260-30(A)(3), Parking &
Loading Standards for STRs (as amended); and
WHEREAS, on December 16, 2020 a Declaration of
Town Wide Emergency was declared pursuant to Section 24 of the New York State
Executive Law and was adopted by the Town of Woodstock to waive the public
hearing part of the process for your short term rental Special Use Permit
application; in order to reduce the backlog of applications awaiting to be seen
by the Planning Board according to Section 260-56 of the Woodstock Town Code;
and
WHEREAS, the Planning Board office reviewed your
application, will notify the contiguous neighbors and continue forward with the
process in adopting this resolution; as stated herein; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Special Use
Permit application, received 12/12/19;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated 12/10/19 and
received 12/12/19;
3) Site Plan that depicts the layout of the apartments,
trash location and parking labelled and first & second floor plans,
prepared by applicant and received 12/12/19; and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260
Attachment 1, and Area and Bulk Regulations, 260 Attachment 2, Zoning
Board of Appeals (ZBA) variance(s) are not required for the proposed action;
and
WHEREAS, a sketch plan review of the application was scheduled
for March 19, 2020, and was cancelled
due to the Covid Pandemic; and as a result The Planning Board is deeming your
application complete; and
WHEREAS, on January 28, 2021, letters were mailed to the
contiguous neighbors to gather commentary from the public and any
interested/involved agencies; and
WHEREAS, after receiving any commentary from the public and
interested/involved agencies, the Planning Board forwarded the commentary and
any additional information to the building department; and
WHEREAS, the Planning Board has fully reviewed
the application and relevant materials submitted and has also taken into
account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That the Planning Board
has considered the criteria for determining significance as set forth in
Section 617.7(c) of the SEQRA Regulations and finds that the proposed activity
is a Type II Action under SEQR Section 617.5, and that it is in accordance with
the Planning Board’s adopted list of Type II Actions not requiring
environmental review; and
RESOLVED, That with the above circumstances and
the current Covid Pandemic, when the applicant meets the conditions stated in
this resolution, the Planning Board office will issue a special use permit for
the legality of the short term rental.
Be it Further;
RESOLVED, That the Planning Board hereby grants approval to the Colin C. B.
Shelley and Tania Travers Special Use Permit (SUP) #19-0535 subject
to the conditions below:
1. Three (3) copies of the
approved final plan, including the signed
owners’ compliance statement, shall be submitted for Planning Board
endorsement. Plan copies have been submitted and compliance statement is
included for signatures and to be returned to the Planning Board office;
2. Final Development Fee
in the amount of $200 shall be paid in accordance with Section 1.23 of the Town
of Woodstock Development Fee Schedule; Be it Further;
RESOLVED, That the following Special Use Permit conditions apply to
the Short Term Rental use:
1. The Applicants shall adhere to the
final, signed and filed plans. Any and all future modifications shall conform
to and comply with all applicable sections of the Town of Woodstock Zoning Law;
2. This Special Use Permit shall be
valid indefinitely subject to the provisions of the Town of Woodstock Zoning
Law with regard to Short Term Rentals;
3.
A use authorized by Special Use Permit may be revoked by the Planning
Board if it is found and determined after notice and a Public Hearing, held in
a manner as provided for by law, that there has been a failure to comply with
any of the terms, conditions or requirements imposed by said Special Use
Permit; Be it Further
RESOLVED, That a Special Use Permit shall be
deemed to only authorize one particular use, and shall expire if the Special
Use Permit activity is not commenced and diligently pursued within eighteen
(18) months of the date of its issuance, or if the use authorized by the
Special Use Permit ceases for more than a twelve (12) month period; Be it
Further
RESOLVED, That any alteration or deviation from
the signed, final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved Special Use Permit shall comply with the requirements of Articles VI
of the Town of Woodstock Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or
Compliance pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH CONDITIONS
CROSBY & MERCER LLC
SPECIAL USE PERMIT #19-0536
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
January 21, 2021 there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James Conrad
Absent:
A Motion was made by: Peter Cross, and
Seconded by: Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Aye
James Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, has considered a Special Use
Permit (SUP) application received from Crosby Mercer LLC: Himiko and Yukie Ohta (the Applicants) to establish
a 3-bedroom, non-owner occupied, Short Term Rental dwelling (the proposed
action); and
WHEREAS, the proposed use is located in the HR
Zoning District at 29 Pine Grove Street in Woodstock, and is designated on the
Tax Map of the Town of Woodstock as Section 27.55, Block 7, Lot 13; and
WHEREAS, the Short Term Rental dwelling use
requires Special Use Permit review and approval under Town of Woodstock Local
Law #1 of 2019, Zoning, Section 260-14, Schedule of Use Regulations, 260 Attachment 1 (as amended); Section
260-56, Bed & Breakfasts and Short Term Rentals (STR) (as amended);
Article VI, Special Permit Uses, Section 260-62, General Standards, and Section 260-30(A)(3), Parking &
Loading Standards for STRs (as amended); and
WHEREAS, on December 16, 2020 a Declaration of
Town Wide Emergency was declared pursuant to Section 24 of the New York State
Executive Law and was adopted by the Town of Woodstock to waive the public
hearing part of the process for your short term rental Special Use Permit
application; in order to reduce the backlog of applications awaiting to be seen
by the Planning Board according to Section 260-56 of the Woodstock Town Code;
and
WHEREAS, the Planning Board office reviewed
your application, will notify the contiguous neighbors and continue forward
with the process in adopting this resolution; as stated herein; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Special Use
Permit application, received 12/18/19;
2) Referral from Town
of Woodstock Zoning Enforcement Officer (ZEO), dated 12/17/19 and received
12/18/19;
3) Site Plan that depicts the parking plan, garbage
removal plan and safety / egress plan, prepared by applicant and received
12/18/19; and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260
Attachment 1, and Area and Bulk Regulations, 260 Attachment 2, Zoning
Board of Appeals (ZBA) variance(s) are not required for the proposed action;
and
WHEREAS, a sketch plan review of the application was scheduled
for March 19, 2020, and was cancelled
due to the Covid Pandemic; and as a result The Planning Board is deeming your
application complete; and
WHEREAS, on January 28, 2021, letters were mailed to the
contiguous neighbors to gather commentary from the public and any
interested/involved agencies; and
WHEREAS, after receiving any commentary from the public and
interested/involved agencies, the Planning Board forwarded the commentary and
any additional information to the building department; and
WHEREAS, the Planning Board has fully reviewed
the application and relevant materials submitted and has also taken into
account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That the Planning Board
has considered the criteria for determining significance as set forth in
Section 617.7(c) of the SEQRA Regulations and finds that the proposed activity
is a Type II Action under SEQR Section 617.5, and that it is in accordance with
the Planning Board’s adopted list of Type II Actions not requiring
environmental review; and
RESOLVED, That with the above circumstances and
the current Covid Pandemic, when the applicant meets the conditions stated in
this resolution, the Planning Board office will issue a special use permit for
the legality of the short term rental.
Be it Further;
RESOLVED, That the Planning Board hereby grants approval to the Crosby &
Mercer LLC Special Use Permit (SUP) #19-0536 subject to the conditions below:
1. Three (3) copies of the
approved final plan, including the signed
owners’ compliance statement, shall be submitted for Planning Board
endorsement. Plan copies have been submitted and compliance statement is
included for signatures and to be returned to the Planning Board office;
2. Final Development Fee
in the amount of $200 shall be paid in accordance with Section 1.23 of the Town
of Woodstock Development Fee Schedule; Be it Further;
RESOLVED, That the following Special Use Permit conditions apply to
the Short Term Rental use:
1. The Applicants shall adhere to the
final, signed and filed plans. Any and all future modifications shall conform
to and comply with all applicable sections of the Town of Woodstock Zoning Law;
2. This Special Use Permit shall be
valid indefinitely subject to the provisions of the Town of Woodstock Zoning
Law with regard to Short Term Rentals;
3.
A use authorized by Special Use Permit may be revoked by the Planning
Board if it is found and determined after notice and a Public Hearing, held in
a manner as provided for by law, that there has been a failure to comply with
any of the terms, conditions or requirements imposed by said Special Use
Permit; Be it Further
RESOLVED, That a Special Use Permit shall be
deemed to only authorize one particular use, and shall expire if the Special
Use Permit activity is not commenced and diligently pursued within eighteen
(18) months of the date of its issuance, or if the use authorized by the
Special Use Permit ceases for more than a twelve (12) month period; Be it
Further
RESOLVED, That any alteration or deviation from
the signed, final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved Special Use Permit shall comply with the requirements of Articles VI
of the Town of Woodstock Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or
Compliance pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH CONDITIONS
LARRY BEINHART and GILLIAN FARRELL
SPECIAL USE PERMIT #19-0537
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
January 21, 2021 there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James Conrad
Absent:
A Motion was made by: Peter Cross, and
Seconded by: Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Aye
James Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, has considered a Special Use
Permit (SUP) application received from Larry Beinhart and Gillian Farrell (the
Applicants) to establish a 3-bedroom, owner occupied, Short Term Rental
dwelling (the proposed action); and
WHEREAS, the proposed use is located in the R5
Zoning District at 105 Webster Road in Woodstock, and is designated on the Tax
Map of the Town of Woodstock as Section 27.1, Block 1, Lot 70; and
WHEREAS, the Short Term Rental dwelling use
requires Special Use Permit review and approval under Town of Woodstock Local
Law #1 of 2019, Zoning, Section 260-14, Schedule of Use Regulations, 260 Attachment 1 (as amended); Section
260-56, Bed & Breakfasts and Short Term Rentals (STR) (as amended);
Article VI, Special Permit Uses, Section 260-62, General Standards, and Section 260-30(A)(3), Parking &
Loading Standards for STRs (as amended); and
WHEREAS, on December 16, 2020 a Declaration of
Town Wide Emergency was declared pursuant to Section 24 of the New York State
Executive Law and was adopted by the Town of Woodstock to waive the public
hearing part of the process for your short term rental Special Use Permit
application; in order to reduce the backlog of applications awaiting to be seen
by the Planning Board according to Section 260-56 of the Woodstock Town Code;
and
WHEREAS, the Planning Board office reviewed
your application, will notify the contiguous neighbors and continue forward
with the process in adopting this resolution; as stated herein; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Special Use
Permit application, received 12/18/19;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated 12/17/19 and
received 12/18/19;
3) Site Plan depicted on floor plans on including
entrances, exits, bedrooms and parking labelled and trash plan prepared by
applicant and received 12/18/19; and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260
Attachment 1, and Area and Bulk Regulations, 260 Attachment 2, Zoning
Board of Appeals (ZBA) variance(s) are not required for the proposed action;
and
WHEREAS, a sketch plan review of the application was scheduled
for March 19, 2020, and was cancelled
due to the Covid Pandemic; and as a result The Planning Board is deeming your
application complete; and
WHEREAS, on January 28, 2021, letters were mailed to the
contiguous neighbors to gather commentary from the public and any
interested/involved agencies; and
WHEREAS, after receiving any commentary from the public and
interested/involved agencies, the Planning Board forwarded the commentary and
any additional information to the building department; and
WHEREAS, the Planning Board has fully reviewed
the application and relevant materials submitted and has also taken into
account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That the Planning Board
has considered the criteria for determining significance as set forth in Section
617.7(c) of the SEQRA Regulations and finds that the proposed activity is a
Type II Action under SEQR Section 617.5, and that it is in accordance with the
Planning Board’s adopted list of Type II Actions not requiring environmental
review; and
RESOLVED, That with the above circumstances and
the current Covid Pandemic, when the applicant meets the conditions stated in
this resolution, the Planning Board office will issue a special use permit for
the legality of the short term rental.
Be it Further;
RESOLVED, That the Planning Board hereby grants approval to the Larry Beinhart
and Gillian Farrell Special Use Permit (SUP) #19-0537 subject
to the conditions below:
1. Three (3) copies of the
approved final plan, including the signed
owners’ compliance statement, shall be submitted for Planning Board
endorsement. Plan copies have been submitted and compliance statement is
enclosed for signatures and to be returned to the Planning Board office;
2. Final Development Fee
in the amount of $200 shall be paid in accordance with Section 1.23 of the Town
of Woodstock Development Fee Schedule; Be it Further;
RESOLVED, That the following Special Use Permit conditions apply to
the Short Term Rental use:
1. The Applicants shall adhere to the
final, signed and filed plans. Any and all future modifications shall conform
to and comply with all applicable sections of the Town of Woodstock Zoning Law;
2. This Special Use Permit shall be
valid indefinitely subject to the provisions of the Town of Woodstock Zoning Law
with regard to Short Term Rentals;
3.
A use authorized by Special Use Permit may be revoked by the Planning
Board if it is found and determined after notice and a Public Hearing, held in
a manner as provided for by law, that there has been a failure to comply with
any of the terms, conditions or requirements imposed by said Special Use
Permit; Be it Further
RESOLVED, That a Special Use Permit shall be
deemed to only authorize one particular use, and shall expire if the Special
Use Permit activity is not commenced and diligently pursued within eighteen
(18) months of the date of its issuance, or if the use authorized by the
Special Use Permit ceases for more than a twelve (12) month period; Be it
Further
RESOLVED, That any alteration or deviation from
the signed, final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved Special Use Permit shall comply with the requirements of Articles VI
of the Town of Woodstock Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or
Compliance pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH CONDITIONS
CRAIG HAZEN
SPECIAL USE PERMIT #19-0538
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
January 21, 2021 there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James Conrad
Absent:
A Motion was made by: Peter Cross, and
Seconded by: Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Aye
James Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, has considered a Special Use Permit
(SUP) application received from Craig Hazen (the Applicant) to establish a
3-bedroom, owner occupied, Short Term Rental dwelling (the proposed action);
and
WHEREAS, the proposed use is located in the R3
Zoning District at 117 Wittenberg Road in Bearsville, and is designated on the
Tax Map of the Town of Woodstock as Section 26.15, Block 3, Lot 18; and
WHEREAS, the Short Term Rental dwelling use
requires Special Use Permit review and approval under Town of Woodstock Local
Law #1 of 2019, Zoning, Section 260-14, Schedule of Use Regulations, 260 Attachment 1 (as amended); Section
260-56, Bed & Breakfasts and Short Term Rentals (STR) (as amended);
Article VI, Special Permit Uses, Section 260-62, General Standards, and Section 260-30(A)(3), Parking & Loading
Standards for STRs (as amended); and
WHEREAS, on December 16, 2020 a Declaration of
Town Wide Emergency was declared pursuant to Section 24 of the New York State
Executive Law and was adopted by the Town of Woodstock to waive the public
hearing part of the process for your short term rental Special Use Permit
application; in order to reduce the backlog of applications awaiting to be seen
by the Planning Board according to Section 260-56 of the Woodstock Town Code;
and
WHEREAS, the Planning Board office reviewed
your application, will notify the contiguous neighbors and continue forward
with the process in adopting this resolution; as stated herein; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Special Use Permit application,
received 12/18/19;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated 12/17/19 and
received 12/18/19;
3) Site Plan that depicts the layout of the interior of
the house, trash removal plan and parking detailed on an aerial photograph
prepared by applicant and received 12/18/19; and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260
Attachment 1, and Area and Bulk Regulations, 260 Attachment 2, Zoning
Board of Appeals (ZBA) variance(s) are not required for the proposed action;
and
WHEREAS, a sketch plan review of the application was scheduled
for March 19, 2020, and was cancelled
due to the Covid Pandemic; and as a result The Planning Board is deeming your
application complete; and
WHEREAS, on January 28, 2021, letters were mailed to the
contiguous neighbors to gather commentary from the public and any
interested/involved agencies; and
WHEREAS, after receiving any commentary from the public and
interested/involved agencies, the Planning Board forwarded the commentary and
any additional information to the building department; and
WHEREAS, the Planning Board has fully reviewed
the application and relevant materials submitted and has also taken into
account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That the Planning Board
has considered the criteria for determining significance as set forth in
Section 617.7(c) of the SEQRA Regulations and finds that the proposed activity
is a Type II Action under SEQR Section 617.5, and that it is in accordance with
the Planning Board’s adopted list of Type II Actions not requiring
environmental review; and
RESOLVED, That with the above circumstances and
the current Covid Pandemic, when the applicant meets the conditions stated in
this resolution, the Planning Board office will issue a special use permit for
the legality of the short term rental.
Be it Further;
RESOLVED, That the Planning Board hereby grants approval to the Craig Hazen
Special Use Permit (SUP)
#19-0538 subject to the conditions below:
1. Three (3) copies of the
approved final plan, including the signed
owners’ compliance statement, shall be submitted for Planning Board
endorsement. Plan copies have been submitted and compliance statement is
included for signatures and to be returned to the Planning Board office;
2. Final Development Fee
in the amount of $200 shall be paid in accordance with Section 1.23 of the Town
of Woodstock Development Fee Schedule; Be it Further;
RESOLVED, That the following Special Use Permit conditions apply to
the Short Term Rental use:
1. The Applicants shall adhere to the
final, signed and filed plans. Any and all future modifications shall conform
to and comply with all applicable sections of the Town of Woodstock Zoning Law;
2. This Special Use Permit shall be
valid indefinitely subject to the provisions of the Town of Woodstock Zoning
Law with regard to Short Term Rentals;
3.
A use authorized by Special Use Permit may be revoked by the Planning
Board if it is found and determined after notice and a Public Hearing, held in
a manner as provided for by law, that there has been a failure to comply with
any of the terms, conditions or requirements imposed by said Special Use
Permit; Be it Further
RESOLVED, That a Special Use Permit shall be
deemed to only authorize one particular use, and shall expire if the Special
Use Permit activity is not commenced and diligently pursued within eighteen
(18) months of the date of its issuance, or if the use authorized by the
Special Use Permit ceases for more than a twelve (12) month period; Be it
Further
RESOLVED, That any alteration or deviation from
the signed, final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved Special Use Permit shall comply with the requirements of Articles VI
of the Town of Woodstock Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or
Compliance pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH CONDITIONS
JOHN LoMANTO and ELIZABETH TORGOVNICK
SPECIAL USE PERMIT #20-0540
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
January 21, 2021 there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James Conrad
Absent:
A Motion was made by: Peter Cross, and
Seconded by: Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Aye
James Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, has considered a Special Use
Permit (SUP) application received from John LoManto and Elizabeth Togovnick
(the Applicants) to establish a 4-bedroom, non-owner occupied, Short Term
Rental dwelling (the proposed action); and
WHEREAS, the proposed use is located in the R5
Zoning District at 880 Wittenberg Road in Wittenberg, and is designated on the
Tax Map of the Town of Woodstock as Section 25, Block 3, Lot 12; and
WHEREAS, the Short Term Rental dwelling use
requires Special Use Permit review and approval under Town of Woodstock Local
Law #1 of 2019, Zoning, Section 260-14, Schedule of Use Regulations, 260 Attachment 1 (as amended); Section
260-56, Bed & Breakfasts and Short Term Rentals (STR) (as amended);
Article VI, Special Permit Uses, Section 260-62, General Standards, and Section 260-30(A)(3), Parking &
Loading Standards for STRs (as amended); and
WHEREAS, on December 16, 2020 a Declaration of
Town Wide Emergency was declared pursuant to Section 24 of the New York State
Executive Law and was adopted by the Town of Woodstock to waive the public
hearing part of the process for your short term rental Special Use Permit
application; in order to reduce the backlog of applications awaiting to be seen
by the Planning Board according to Section 260-56 of the Woodstock Town Code;
and
WHEREAS, the Planning Board office reviewed
your application, will notify the contiguous neighbors and continue forward
with the process in adopting this resolution; as stated herein; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Special Use
Permit application, received 1/07/20;
2) Referral from Town
of Woodstock Zoning Enforcement Officer (ZEO), dated and received
1/7/20;
3) Site Plan that depicts the layout of neighboring land
and restrictions that are given to renters, garbage removal plan and safety /
egress plan, and the parking plan prepared by applicant and received 1/7/20;
and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260 Attachment
1, and Area and Bulk Regulations, 260 Attachment 2, Zoning Board of
Appeals (ZBA) variance(s) are not required for the proposed action; and
WHEREAS, a sketch plan review of the application was scheduled
for April 2, 2020, and was cancelled due
to the Covid Pandemic; and as a result The Planning Board is deeming your
application complete; and
WHEREAS, on January 28, 2021, letters were mailed to the
contiguous neighbors to gather commentary from the public and any
interested/involved agencies; and
WHEREAS, after receiving any commentary from the public and
interested/involved agencies, the Planning Board forwarded the commentary and
any additional information to the building department; and
WHEREAS, the Planning Board has fully reviewed
the application and relevant materials submitted and has also taken into
account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That the Planning Board
has considered the criteria for determining significance as set forth in
Section 617.7(c) of the SEQRA Regulations and finds that the proposed activity
is a Type II Action under SEQR Section 617.5, and that it is in accordance with
the Planning Board’s adopted list of Type II Actions not requiring
environmental review; and
RESOLVED, That with the above circumstances and
the current Covid Pandemic, when the applicant meets the conditions stated in
this resolution, the Planning Board office will issue a special use permit for
the legality of the short term rental.
Be it Further;
RESOLVED, That the Planning Board hereby grants approval to the John LoManto and
Elizabeth Torgovnick Special Use Permit (SUP) #20-0540 subject
to the conditions below:
1. Three (3) copies of the
approved final plan, including the signed
owners’ compliance statement, shall be submitted for Planning Board
endorsement. Plan copies have been submitted and compliance statement is
included for signatures and to be returned to the Planning Board office;
2. Final Development Fee
in the amount of $200 shall be paid in accordance with Section 1.23 of the Town
of Woodstock Development Fee Schedule; Be it Further;
RESOLVED, That the following Special Use Permit conditions apply to
the Short Term Rental use:
1. The Applicants shall adhere to the
final, signed and filed plans. Any and all future modifications shall conform
to and comply with all applicable sections of the Town of Woodstock Zoning Law;
2. This Special Use Permit shall be
valid indefinitely subject to the provisions of the Town of Woodstock Zoning
Law with regard to Short Term Rentals;
3.
A use authorized by Special Use Permit may be revoked by the Planning
Board if it is found and determined after notice and a Public Hearing, held in
a manner as provided for by law, that there has been a failure to comply with
any of the terms, conditions or requirements imposed by said Special Use
Permit; Be it Further
RESOLVED, That a Special Use Permit shall be
deemed to only authorize one particular use, and shall expire if the Special
Use Permit activity is not commenced and diligently pursued within eighteen
(18) months of the date of its issuance, or if the use authorized by the
Special Use Permit ceases for more than a twelve (12) month period; Be it
Further
RESOLVED, That any alteration or deviation from
the signed, final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved Special Use Permit shall comply with the requirements of Articles VI
of the Town of Woodstock Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or
Compliance pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH CONDITIONS
LYNN B. DODGE
SPECIAL USE PERMIT #20-0541
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
January 21, 2021 there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James Conrad
Absent:
A Motion was made by: Peter Cross, and
Seconded by: Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Aye
James Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, has considered a Special Use
Permit (SUP) application received from Lynn B. Dodge (the Applicant) to
establish a 3-bedroom, non-owner occupied, Short Term Rental dwelling (the
proposed action); and
WHEREAS, the proposed use is located in the R3
Zoning District at 383 Wittenberg Road in Bearsville, and is designated on the
Tax Map of the Town of Woodstock as Section 26.3, Block 3, Lot 23; and
WHEREAS, the Short Term Rental dwelling use
requires Special Use Permit review and approval under Town of Woodstock Local
Law #1 of 2019, Zoning, Section 260-14, Schedule of Use Regulations, 260 Attachment 1 (as amended); Section
260-56, Bed & Breakfasts and Short Term Rentals (STR) (as amended);
Article VI, Special Permit Uses, Section 260-62, General Standards, and Section 260-30(A)(3), Parking &
Loading Standards for STRs (as amended); and
WHEREAS, on December 16, 2020 a Declaration of
Town Wide Emergency was declared pursuant to Section 24 of the New York State
Executive Law and was adopted by the Town of Woodstock to waive the public
hearing part of the process for your short term rental Special Use Permit
application; in order to reduce the backlog of applications awaiting to be seen
by the Planning Board according to Section 260-56 of the Woodstock Town Code;
and
WHEREAS, the Planning Board office reviewed
your application, will notify the contiguous neighbors and continue forward
with the process in adopting this resolution; as stated herein; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Special Use
Permit application, received 1/07/20;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated and received
1/7/20;
3) Site Plan that depicts the garbage plan, parking
spots, and building, evacuation map, and pictures of the front, back and
entrance of house, prepared by applicant and received 1/7/20; and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260
Attachment 1, and Area and Bulk Regulations, 260 Attachment 2, Zoning
Board of Appeals (ZBA) variance(s) are not required for the proposed action;
and
WHEREAS, a sketch plan review of the application was scheduled
for April 2, 2020, and was cancelled due
to the Covid Pandemic; and as a result The Planning Board is deeming your
application complete; and
WHEREAS, on January 28, 2021, letters were mailed to the
contiguous neighbors to gather commentary from the public and any
interested/involved agencies; and
WHEREAS, after receiving any commentary from the public and
interested/involved agencies, the Planning Board forwarded the commentary and
any additional information to the building department; and
WHEREAS, the Planning Board has fully reviewed
the application and relevant materials submitted and has also taken into
account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That the Planning Board
has considered the criteria for determining significance as set forth in
Section 617.7(c) of the SEQRA Regulations and finds that the proposed activity
is a Type II Action under SEQR Section 617.5, and that it is in accordance with
the Planning Board’s adopted list of Type II Actions not requiring
environmental review; and
RESOLVED, That with the above circumstances and
the current Covid Pandemic, when the applicant meets the conditions stated in
this resolution, the Planning Board office will issue a special use permit for
the legality of the short term rental.
Be it Further;
RESOLVED, That the Planning Board hereby grants approval to the Lynn B. Dodge
Special Use Permit (SUP) #20-0541 subject to the conditions below:
1. Three (3) copies of the
approved final plan, including the signed
owners’ compliance statement, shall be submitted for Planning Board
endorsement. Plan copies have been submitted and compliance statement is
included for signatures and to be returned to the Planning Board office;
2. Final Development Fee
in the amount of $200 shall be paid in accordance with Section 1.23 of the Town
of Woodstock Development Fee Schedule; Be it Further;
RESOLVED, That the following Special Use Permit conditions apply to
the Short Term Rental use:
1. The Applicants shall adhere to the
final, signed and filed plans. Any and all future modifications shall conform
to and comply with all applicable sections of the Town of Woodstock Zoning Law;
2. This Special Use Permit shall be
valid indefinitely subject to the provisions of the Town of Woodstock Zoning
Law with regard to Short Term Rentals;
3.
A use authorized by Special Use Permit may be revoked by the Planning
Board if it is found and determined after notice and a Public Hearing, held in
a manner as provided for by law, that there has been a failure to comply with
any of the terms, conditions or requirements imposed by said Special Use
Permit; Be it Further
RESOLVED, That a Special Use Permit shall be
deemed to only authorize one particular use, and shall expire if the Special
Use Permit activity is not commenced and diligently pursued within eighteen
(18) months of the date of its issuance, or if the use authorized by the
Special Use Permit ceases for more than a twelve (12) month period; Be it
Further
RESOLVED, That any alteration or deviation from
the signed, final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved Special Use Permit shall comply with the requirements of Articles VI
of the Town of Woodstock Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or
Compliance pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH CONDITIONS
CATHERINE SPIOTTA, ELENA SPIOTTA & CHRISTINE HEALY
SPECIAL USE PERMIT #20-0545
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
January 21, 2021 there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James Conrad
Absent:
A Motion was made by: Peter Cross, and
Seconded by: Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Aye
James Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, has considered a Special Use
Permit (SUP) application received from Catherine Spiotta, Elena Spiotta and
Christine Healy (the Applicants) to establish a 3-bedroom, non-owner occupied,
Short Term Rental dwelling (the proposed action); and
WHEREAS, the proposed use is located in the R5
Zoning District at 327 Byrdcliffe Road in Woodstock, and is designated on the
Tax Map of the Town of Woodstock as Section 27.1, Block 1, Lot 60; and
WHEREAS, the Short Term Rental dwelling use
requires Special Use Permit review and approval under Town of Woodstock Local
Law #1 of 2019, Zoning, Section 260-14, Schedule of Use Regulations, 260 Attachment 1 (as amended); Section
260-56, Bed & Breakfasts and Short Term Rentals (STR) (as amended);
Article VI, Special Permit Uses, Section 260-62, General Standards, and Section 260-30(A)(3), Parking &
Loading Standards for STRs (as amended); and
WHEREAS, on December 16, 2020 a Declaration of
Town Wide Emergency was declared pursuant to Section 24 of the New York State
Executive Law and was adopted by the Town of Woodstock to waive the public hearing
part of the process for your short term rental Special Use Permit application;
in order to reduce the backlog of applications awaiting to be seen by the
Planning Board according to Section 260-56 of the Woodstock Town Code; and
WHEREAS, the Planning Board office reviewed
your application, will notify the contiguous neighbors and continue forward
with the process in adopting this resolution; as stated herein; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board:
1) Special Use
Permit application, received 1/07/20;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated and received
1/7/20;
3) Hand Drawing of the Site Plan that depicts the layout
of roads, trees, buildings, parking and pool, detailed summary of parking plan,
safety exit plan, picture depicting garbage placement, and Google aerial view
picture of parking plan prepared by applicant and received 1/7/20; and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260
Attachment 1, and Area and Bulk Regulations, 260 Attachment 2, Zoning
Board of Appeals (ZBA) variance(s) are not required for the proposed action;
and
WHEREAS, a sketch plan review of the application was scheduled
for April 2, 2020, and was cancelled due
to the Covid Pandemic; and as a result The Planning Board is deeming your
application complete; and
WHEREAS, on January 28, 2021, letters were mailed to the
contiguous neighbors to gather commentary from the public and any
interested/involved agencies; and
WHEREAS, after receiving any commentary from the public and
interested/involved agencies, the Planning Board forwarded the commentary and
any additional information to the building department; and
WHEREAS, the Planning Board has fully reviewed
the application and relevant materials submitted and has also taken into
account its knowledge of the site and surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That the Planning Board
has considered the criteria for determining significance as set forth in
Section 617.7(c) of the SEQRA Regulations and finds that the proposed activity
is a Type II Action under SEQR Section 617.5, and that it is in accordance with
the Planning Board’s adopted list of Type II Actions not requiring
environmental review; and
RESOLVED, That with the above circumstances and
the current Covid Pandemic, when the applicant meets the conditions stated in
this resolution, the Planning Board office will issue a special use permit for
the legality of the short term rental.
Be it Further;
RESOLVED, That the Planning Board hereby grants approval to the Catherine
Spiotta, Elena Spiotta and Christine Healy Special Use Permit (SUP) #20-0545 subject
to the conditions below:
1. Three (3) copies of the
approved final plan, including the signed
owners’ compliance statement, shall be submitted for Planning Board
endorsement. Plan copies have been submitted and compliance statement is
included for signatures and to be returned to the Planning Board office;
2. Final Development Fee
in the amount of $200 shall be paid in accordance with Section 1.23 of the Town
of Woodstock Development Fee Schedule; Be it Further;
RESOLVED, That the following Special Use Permit conditions apply to
the Short Term Rental use:
1. The Applicants shall adhere to the
final, signed and filed plans. Any and all future modifications shall conform
to and comply with all applicable sections of the Town of Woodstock Zoning Law;
2. This Special Use Permit shall be
valid indefinitely subject to the provisions of the Town of Woodstock Zoning
Law with regard to Short Term Rentals;
3.
A use authorized by Special Use Permit may be revoked by the Planning
Board if it is found and determined after notice and a Public Hearing, held in
a manner as provided for by law, that there has been a failure to comply with
any of the terms, conditions or requirements imposed by said Special Use
Permit; Be it Further
RESOLVED, That a Special Use Permit shall be
deemed to only authorize one particular use, and shall expire if the Special
Use Permit activity is not commenced and diligently pursued within eighteen
(18) months of the date of its issuance, or if the use authorized by the
Special Use Permit ceases for more than a twelve (12) month period; Be it
Further
RESOLVED, That any alteration or deviation from
the signed, final plans shall require the prior review and approval by the
Planning Board; Be it Further
RESOLVED, That any proposed amendments to the
approved Special Use Permit shall comply with the requirements of Articles VI
of the Town of Woodstock Zoning Law; Be it Further
RESOLVED, That this Resolution authorizes only
the activities approved herein and as delineated on the signed and filed final
plans; Be it Finally
RESOLVED, That failure to comply with any of the
conditions set forth herein shall be deemed a violation of this Approval, which
may cause the revocation of said Approval, or the revocation by the Building
Inspector, of any issued Building Permit or Certificate of Occupancy or
Compliance pertaining thereto.
