MINUTES
March 18, 2021
REGULAR ZOOM MEETING
7:00 PM START
TIME: 7:02 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:
Additional Present: Melissa
Gray, Administrative Assistant
Ashley
Slovensky, Zoom Meeting Coordinator
Matthew
Rudikoff, Michael Tsoumpas Memo
Agenda Invitees: Brett
Erkman
Graydon
Yearick, Brett & Jessica Erkman
Michael
Tsoumpas
George
Politidis, Michael Tsoumpas
Michael
Moriello, legal counsel for Michael Tsoumpas
Barry
Medenbach, Michael Tsoumpas
Heather
Gabriel, Michael Tsoumpas
Margit
Dahl Witmer-Pack,
George
Cross, Margit D. Witmer-Pack
Mitchell
Owen, Margit D. Witmer-Pack
Jess Walker,
Mountain Meadow Realty
Angela
Spinelli, Mountain Meadow Realty
Ken
Panza
Public Invited: Erin
Berkery
Jerry
Lombardi
Joan
Apter
Hollie
Burton
Tim
Jones
Maxanne
Resnick
Jackie
Tierney
Eliana
Smith
Updates to AGENDA: Mr.
Cross asked Ms. Gray if there were any and she replied no.
MINUTES: March
4, 2021
Notes: Mr. Cross
states that he has one item he would like edited. Ms. Gray said to email her and she will and
put them back on the next meeting for approval.
COMMUNICATIONS & ANNOUNCEMENTS:
+ Email
from Supervisor McKenna re: moratoriums rec’d Mar. 11
Mr. Cross states since we have a public hearing, he will
discuss this right after scheduled business
+ Memo
from Matthew Rudikoff re: Tsoumpas PB#19-1217 & WWP# 19-042 rec’d Mar. 15
Mr. Cross states we will get to this and Mr. Rudikoff will
present his memo to the Planning Board.
+ Letter
to M. Rudikoff from Riseley & Moriello re:
Tsoumpas PB#19-1217 & WWP# 19-042 rec’d Mar. 16
Mr. Cross states that Mr. Rudikoff will also address this
during that meeting.
NEW BUSINESS:
SCHEDULED BUSINESS:
PUBLIC HEARING:
7:05 PM
BRETT & JESSICA ERKMAN SUP# 21-0581: Virtual Public Hearing for a Special Use Permit
Application for
construction of (2) buildings and other projects / renovations in the R5 and
Scenic Overlay Zoning District located at 387 Jim’s Road in Mount Tremper SBL#
25.4-3-7 Rep: Graydon Yearick
Present: Brett Erkman, Graydon Yearick
Motion to open Public Hearing: Peter Cross
2nd: John LaValle Aye: All
Notes: Mr. Cross read case
summary and states that this was already presented to the Board twice and Mr.
Wenk did the site plan review.
Mr. Cross asked if there were any comments from the public
and Ms. Gray replied no.
Mr. Cross continued stating we did everything to comply with
the standards in the scenic overlay.
Motion to Close Public Hearing: Peter Cross
2nd: Judith Kerman
Aye: All
Make motion to approve application pending draft resolution
Make
motion: Peter Cross 2nd: Judith Kerman Aye: All
Ms. Gray told Mr.
Yearick she would be in touch this week with the paperwork. Thank you.
SKETCH PLAN REVIEWS:
MICHAEL TSOUMPAS PB#19-1217 & WWP# 19-042: Sketch Plan Review of revised plan
and WWP of Minor Subdivision application to create 3 lots from 60 acres and WWP
required to cross
wetlands buffer located in the R3
Zoning District at Chestnut Hill Road in Woodstock, SBL# 27.19-2-
19.120 Rep:
Barry Medenbach, PE from Medenbach and Eggers, PC
Present: Barry Medenbach, Heather Gabriel, Michael
Tsoumpas, Matthew Rudikoff, George Politidis
Notes: (7:08 – 7:29 PM)
Ms. Cross read
the case summary and asked Mr. Rudikoff to go through his memo and the letter
from Mr.
Moriello. Mr. Rudikoff states that the town attorney
needs to comment on the document from Mr. Moriello.
Mr. Cross states
that he read it. Mr. Rudikoff states
that Mr. Larios needs to look at that first.
The main
Question is the
wetland impact and buffer and the impacts of the calculations being
understood. Mr.
Medenbach states
that he disagrees with him. They go back
and forth. Mr. Rudikoff states the
wetland buffer
adjacent to the
buffer, the road goes through the buffer is on.
Mr. Medenbach states they show two areas on
the map. Mr. Rudikoff ask why he says that. Mr. Medenbach asks Ms. Gray to share the
screen and display
the plans to show
what he is talking about. Ms. Gray asked
Ms. Kerman to bring it up. Ms. Gabriel
offers.
Mr. Cross states
that this is Mr. Rudikoff’s memo and when we review the Wetlands and
Watercourse Permit,
we will take this
all into consideration. The Planning
Board will decide where the buffers are changed. Mr.
Cross asks Mr.
Rudikoff to continue, please. Mr.
Rudikoff states that he and Mr. Medenbach are at odds. Mr.
Medenbach states
that they mapped it that way; it zig zags in.
The wetlands biologist and environmental
people all walked
it and saw no problem with it. Ms.
Kerman shared her screen. Mr. Rudikoff
and Mr.
Medenbach discuss
the map and finding the correct map the Mr. Medenbach wants to display the
areas. Mr.
Medenbach states
that it’s on page 6, he thinks. Mr.
Cross states that the Board is not reviewing this right
now. Mr. Medenbach continues that they accurately
mapped the wetlands and the two sections in the buffer.
Ms. Kerman shared
her screen with page 6. Mr. Medenbach
explains the map and states that in all that total
acreage there is
under ½ acres of buffer disturbance. Mr.
Rudikoff states that is what he is commenting on.
Mr. Medenbach
states it’s in the calculations with the lots.
Mr. Rudikoff asked about the curb cut in regards to
the buffer.
Mr. Medenbach states no and continues to discuss lot one and lot two
with Mr. Rudikoff. Mr.
Medenbach states
it’s a woods road right now. When we did
the site visit, the wetlands biologist didn’t have
a problem. They all walked the property with us. Mr. Rudikoff states he was there for
that. Mr. Medenbach
that his client
has dropped two lots and has been willing to work with the PB all along. Mr. Rudikoff states
that this comment
is the plan he reviewed and he may have made a mistake; he didn’t’ see
this. Other
members in the
public meeting were interfering the sound, Ms. Gray asked everyone to please
mute
themselves if
they were not talking. Mr. Rudikoff
continues that a vegetative buffer may be more appropriate
mitigation. Mr. Medenbach asked what does he want them to
put there. Mr. Rudikoff states I don’t
know,
you have to
prepare and present. Mr. Medenbach states
it already is vegetative. He doesn’t
want to disturb it
any more than it
is already. There is vegetation there
now currently. He has showed the slopes
because this
was discussed
previously. My client is willing to do
whatever the Planning Board wants him to do.
Mr.
Rudikoff states
the Planning Board will go through the Wetlands and Watercourse Permit
checklist. We don’t
want to create a
disturbance, only where there is construction work being done. Mr. Medenbach states that
they are not
going to disturb any more areas than the driveway. Mr. Cross states that we will go over the
Wetlands and
Watercourse in another meeting and asks Mr. Rudikoff to go over his complete
memo to have a
complete
application. Mr. Rudikoff continues with
item six: sight distances in regards to
the driveway off of
Chestnut Hill
Road. Mr. Medenbach states that they
have a letter from the highway superintendent for this
and it has
already been approved. Then the topic of
approval of fire department approval is discussed. Mr.
Medenbach states
they will get a formal response from the fire department. Mr. Rudikoff then mentions the
land in
conservation use or fees and Mr. Medenbach states my client will pay. Mr. Cross states the land isn’t
suitable for land
use, the fee will have to be the way.
Mr. Tsoumpas states he will pay the fee.
Mr.
Medenbach states
this is all in the plans and the Planning Board decided the mitigation and Mr.
Moriello’s
document will be
referred to the attorney. Mr. Rudikoff
states this is a big improvement. Mr.
Cross states he
wants to thank
the applicant and Mr. Medenbach for doing a good solid thing for the town. Thank you to the
applicant, Mr.
Tsoumpas for adjusting your proposal to preserve the wetlands. Ms. Kerman states that she is
please and this
is a good outcome. Mr. Tsoumpas asks
about time frame, could he be going by July.
Mr. Cross
states that’s all
up to Ms. Gray. Ms. Gray states she
thinks so. One more meeting and
hopefully we can
schedule a public
hearing. Mr. Medenbach asks how that is
handled. Mr. Cross reiterates the
Planning Board
will have a
discussion and go through the checklist for the mitigation plan. Mr. Medenbach asked if they
could be there;
Mr. Cross replied yes. Ms. Gray states
she will schedule it as soon as she can and invite
everyone. Ms. Kerman asks if it can be the next meeting
and Ms. Gray states she’ll do what she can.
Mr.
Cross asks the
Planning Board if they have any comments.
Mr. Cross states very good; we’re getting there.
Mr. Medenbach
states he’ll see us at the next meeting.
MARGIT DAHL WITMER-PACK SUP# 21-0588: Sketch Plan Review of Special Use Permit
application to construct (1) family home to replace recently demolished house
located in the R5 and Scenic Overlay Zoning Districts at 301 Hutchin Hill Road
in Shady, SBL# 15.-3-23.100 Reps: Mitchell Owen and George Cross
Present: Mitchell Owen, George Cross and Maggi Pack
Notes: Mr. Cross read the case summary and asked for
the applicant to explain what they are doing.
Ms.
Pack refers to
Mr. Owen for that. Mr. Owen states that
there was an unlivable house that was demolished
and now they want
to build a new house. There are no views
from Hutchin Hill where they are located.
Mr.
Cross asks if he
can ask a few questions, starting with the septic system. Mr. Owen states they are
abandoning the
old septic and creating a new one. Mr.
Cross asks if the driveway will be extended.
Mr. Owen
replies the curb
cut will remain the same and it will go towards the garage. Mr. Owen shares his screen with
the plans. Mr. Cross asks for volunteers to be site reps
for this case. He volunteers himself and
asks Mr. Wenk.
he asks the Board
if anyone is available. Because this is
in the scenic overlay, we need to take every
precaution we can
to make sure it meets all the requirements including glazing, outside lighting
being dark
skies compliant
and visibility from other locations.
These are our main objects to look at.
A PB Member asks
what kind of roof
are they planning. Mr. Owen states an
EPDM rubber roof in black. Mr. Cross
asks about
glazing
specs. Mr. Owen asks if they can apply
coatings, if needed. Is it automatic or
if only if it can be seen.
Mr. Cross states
it can be mitigated by shading and non-reflective glazing. Ms. Kerman states the house looks
like it faces a
raven but not sure where the glass is.
Mr. G. Cross states that the building is not visible to other
residents. It is shaded by very old maple trees. Mr. Cross states that brings us to
clearing. Does any
clearing have to
be done. Trees are a good
screening. We are trying to prevent
cutting in the scenic overlay.
Mr. G. Cross
replies that half the site is already cleared and he can think of only one tree
that has to be taken
down and maybe
two for the septic. They plan on
planting additional pine and birch trees.
Mr. Cross asks Mr.
Wenk to tell the
applicants about his ideas. Mr. Wenk
states that the short of it is, in regards to the canopy
we ask that you
hire a drone photographer (100-200 ft) to take a snapshot picture to detail the
area of
disturbance and
canopy so we can get a really good idea of how it sits and what we can avoid in
a proactive
way. Mr. G. Cross states he will be happy to do
that and they did provide photos with the application. Mr.
Wenk states we
are asking for a drone photograph. Mr.
Cross states this is the first sketch review.
Mr. Wenk
and himself will do the separate site visits
due to their busy schedules. Mr. Wenk
asks Ms. Gray to pass on his
contact
information to the applicant. Mr. Cross
states we will do the site inspection and want to see a roof
sample, cut
sheets, lighting that is dark skies compliant and the drone pictures. Then Ms. Gray will set up a
second sketch
plan review; then she will set up a public hearing. The Planning Board will need Board of
Health approval
for the new septic. Mr. G. Cross states
that Ms. Casciaro and their engineer states it is not
necessary. Mr. LaValle states the point is what was
there is old. Mr. Cross states we
normally need this for
approval. Ms. Gray states get the County to sign off on
your new septic plans and get that to us.
Mr. LaValle
asks who their
engineer is. Mr. G. Cross replies Chris
DiChiaro. Conversation about the old
septic and the
inability to find
it. Mr. Lipkind expresses concerns with
an abandoned septic system. Mr. Cross
states kids and
pets can fall
through them if they aren’t handled correctly.
Mr. Cross states any questions from the Planning
Board
members. No response from Board. Mr. G. Cross asks that Ms. Gray get him the
numbers and please
use his home
phone because cell service is unreliable there.
Ms. Gray states she will do that.
DISCUSSIONS:
MOUNTAIN MEADOW REALTY, LLC, SPR# 18-0364A (Bank
of Greene County): Follow Up re: Resolution to Meet Conditions (Public Hearing was
July 19, 2018) for an approved Site
Plan Review application for modifications to existing site plan and addition of
storefront for future retail/bank use; marquee removal and replacement; signage
relocation; and minor sidewalk revisions in the HC Zoning, Hamlet Preservation
Overlay, and Flood-fringe Overlay Districts located at 75-83 Mill Hill Road in
Woodstock, SBL# 27.55-2-6. Rep: Jess Walker
Present: Jess Walker and Angela Spinelli
Notes: Mr. Cross read the
case summary and asked Mr. Walker to explain what is going on. Mr. Walker replied that they had the public
hearing on July 18 in 2018 and they site plan shows the bank was an ‘L’ shaped
space, separated retail space and put in the new store fronts. They now have two new tenants and know what
exact parking accommodations they need.
Primarily, this is to figure out parking. He discusses the parking plan of the two
tenants and requiring thirteen off site spaces.
He gave the submittal of the calculations on the parking on Tuesday for
the Bradley Meadows Plaza. Mr. LaValle
asks if they are sharing the space. Mr.
Walker states no, they are two separate units; a new bakery / cafe and a liquor
store. It’s called Café/Bakery. Mr. LaValle asks if these are going in the
two existing spaces. Mr. Walker replies
yes. There are no changes to the
exterior; just the interior. Mr. Cross asks
if there will be new signage. Mr. Walker
states that it has been submitted to the Building Department. Mr. Lipkind asks about exactly what he means
by offsite parking. Ms. Kerman states
and pay for it. Ms. Gray states the public hearing was heard and approved in
July of 2018. The applicants weren’t
sure of the exact parking calculations and needs at the time. All items on the resolution were completed
except the monetary aspects of the final development fee and the parking
calculations. If the Planning Board is
ok with it, I think we can make an addendum to the prior resolution containing
the parking calculation and final development fee amount and move on from this
case. Then, sign off on the final plans
to include these details they didn’t have prior. Again, this was all approved prior and heard,
just the parking details that weren’t clear to the applicants until now. Mr. Lipkind asks about plaza parking and the
additional load of parking there. Mr.
Walker responds with the parking calculations addressing that. Ms. Kerman asks about there not being any
fire exits displayed on the plans. Mr.
Walker replies that anything under forty-nine persons, they are not needed. Ms. Kerman states she didn’t know that. Mr. Cross asks about kitchen and grease
traps. Mr. Walkers states that Mr. Allen
(Water and Sewer Department) approved them.
Ms. Gray replies we got that email from Mr. Allen. Mr. Walker continues that it will be a light
commercial kitchen. Mr. Cross states the
front isn’t going to change much. Mr.
Walkers states if it was to change, we would submit a separate
application. Mr. Conrad asks for the
times of operation. Ms. Spinelli states
open at 6:30 am and closing at 3:30 pm, open seven days a week. Mr. Cross asked about the approved lighting
from 2018 and if it was going to be changed.
Mr. Walker replied not changing it.
Mr. Normoyle states he is envisioning the parking lot and there is
partial space back there and asks Mr. Walker to talk about that space. Mr. Walker states that they don’t really have
spots besides in the front and Sunflower.
Mr. Normoyle asks limited in the back.
Mr. Walker replies that it is in the flood zone and wetlands and they
can’t have parking there. Mr. Normoyle
continues will the lot be convoluted with what’s there and adding two extra
businesses. I’m envisioning extra
congestion. Mr. Walker explains that
these are grab and go businesses. They
also have the end of the lot by the bank for patrons’ parking. I think people are trying to do more grab and
go during these times. The benefit is
that there is more parking in this lot than most businesses in town, more
generous than most in town. Mr. Cross
asks the Planning Board if they have any questions. Ms. Kerman states that on the plans there is
quite a lot of interior seating. Mr.
Walker states he’s not sure it will be that, he wanted to display more instead
of less on the plans. Mr. Cross states
site plan update with no exterior changes.
Mr. LaValle asks how many parking spaces. Ms. Gray replies thirteen. Mr. Cross states the Planning Board did
already have a public hearing on this.
Mr. Normoyle states it was three years ago. Conversation among Planning Board members on
time lapsed, number of parking spaces and if it’s in the gateway district. Mr. Cross states let’s go with Ms. Gray’s plan
and do the addendum to the resolution.
Planning Board agrees and Ms. Gray states she will have it ready for
them at the next meeting. Brief
conversation among the Planning Board about the sushi place and location of the
gateway district.
KEN PANZA:
re: PB
Letter dated 5/9/2017 and recommendations related to the October 2016 Proposed
Aquifer Protection Law
Present: Ken Panza
Notes: Mr. Cross asks Mr. Panza to explain the
letter. Mr. Panza states that the sent
to fill in any missing
blanks. The Zoning Revision
Committee approved the protection and sent it to the Town Board. He goes
through the history. He wanted to fill in any blanks and give an
upfront warning that this is coming
around again. The Aquifer
Protection Group, independently from Zoning Revision Committee has worked
on this and we want to document where we are; is the short story
of this. Mr. Cross thanks Mr. Panza
and asks if the Planning Board has any questions. Mr. LaValle states no. Mr. Lipkind states we appreciate
all Ken’s input and it’s good to have all this. Mr. Panza states we’ll have more information
and this. Ms.
Kerman asks is this is in the building department. Mr. Panza states that we need the aquifer
overlay first.
Ms. Kerman and Mr. Panza discuss mapping and overlays. Mr. LaValle states this has only taken
forty years. Mr. Cross asks
if anyone has any questions. Mr. LaValle
states that Mr. Panza’s input over
the years is invaluable and thanks him. Mr. Panza thanks Mr. LaValle and says it was
your letter from
2017 and hopefully we responded to a lot of those issues. Mr. Cross thanked him for all his work.
PROPOSED LOCAL LAW NO. 1 OF YEAR 2021: Review of Fill
Law and Comments
Notes: Mr. Cross states that
Mr. Lipkind wrote an email to the supervisor and he spoke to the County and so
on and so forth. In his reading of the
proposed law, is that the permit comes from the building permit as mentioned
and the question clean fill and it’s definition. The law says it is in front of the Planning
Board , but it still seems to me that it would have to be approved by the
building department. Mr. Lipkind
continued stating that he read it differently and question if we have to be the
permit issuer. When he spoke to
Supervisor McKenna he had told him that we (the PB) didn’t have the expertise
and when I asked for more transparent language in the law, he had asked me for
the suggested language and I didn’t feel comfortable doing that. The building department has greater experts
and it sounded like the county had said that the PB can handle this. I still have concerns about it. We will not take on items that are out of our
expertise. Mr. Lipkind’s view is the
vagueness of the law and distinguishing our role and the building department
role; this law is a problem. If the fill
issue comes before us, how are we going to handle it. Typically, we refer back to the building
department and the law isn’t saying that.
Conversation among Planning Board about how this law might have arose
and what brought it about. Mr. Lipkind
asked do we need another law. The Town
Board is the legislative body. Mr. Cross
adds there are laws on fill on the books.
The Planning Board has to ask the building department if we can
accept. We get Board of Health approval from
the county for septics and we take their word that it is ok to develop a piece
of land. This is similar in that
aspect. Mr. Lipkind states that he
agrees. This is how it should be. We don’t want to go round in circles. Mr. Normoyle thanks Mr. Cross and Mr. Lipkind
and asks if there has ever been an instance where the building department
wouldn’t be involved. Mr. Cross states
that he has never seen an issue with the fill on the Planning Board in all his
years. We may ask for silt fencing for a
house in the scenic overlay. Mr.
Normoyle states it should remain in the building department. Mr. Lipkind states that the way it is
written, it isn’t clear. The building
department issues the permits just like the Board of Health approval for septic
systems. Ms. Kerman asks about the
comments in red. Ms. Gray replies that
was comments made by Mr. Rudikoff that the Town Board has asked for. Mr. Lipkind states that he is not comfortable
with it being passed onto the Planning Board and it needs to be corrected. Mr. Cross states that as in Mr Lipkind’s
original letter, we are not equipped.
Mr. Lipkind adds that this is the building department’s expertise.
MORATORIUMS DISCUSSION:
Notes:
Discussion among PB about non-residents, LLCs, corporations having short
term rentals for the sole purpose of them being short term rentals. Mr. Cross states that he can’t wrap his head
around how you can limit who can by houses.
Ms. Kerman shows the map of the short term rental cases. Mr. Cross states the basic questions come
down to this change in zoning and somehow who can buy a building. The other issue is with affordable housing
and short term rentals taking away from working housing folks (prefer that term
over affordable). He feels that it’s not
the short term rentals but the taxes that are driving them out. He asks for comments from the Planning Board. Mr. Wenk states that everything he said is
true and more. Interpreting it now to
pursue affordable housing and wondering if it’s worthy to have a
moratorium. An example is the funeral
home. When it goes for sale, do we need
another funeral home. The concern is
that this is becoming a service town.
Mr. Cross states yes there are changers happening. More things for sale and this is the question
we have to rappel with. I don’t see how
we can make a moratorium on who can buy houses.
Mr. Wenk states that they are thinking an x amount of months. Within the Zoning Revision Committee, how we
might revise the short term rental law to discourage to make it unprofitable
for LLCs to buy and have short term rentals, my thinking. Mr. Conrad states the cap is met. Mr. Wenk states but they can buy the property
and reexamine the cap. Mr. Conrad asks
who wants to reexamine. Mr. Wenk states
to accommodate the expansion. Mr. Conrad
asks the Town Board. Ms. Kerman asks if
the intent is to limit or expand. Mr.
Wenk states to limit. Ms. Kerman states
that the issue to her is this has made a negative impact on the town. Mr. Conrad states that the whole point was to
limit, that’s his thought. Ms. Kerman
and Mr. Conrad go back and forth about Waterfall Way. Mr. Lipkind states this is an issue for the
Zoning Revision Committee. Ms. Gray asks
the Board if the gist is short term rentals and zoning of their thoughts. Mr. Cross and Ms. Gray go back and forth
about LLCs and how anyone can deem an LLC for tax purposes. Ms. Gray states that she and Mr. Cross can go
to the bank and set one up tomorrow.
Anyone can have an LLC. Mr. Cross
states this is done by the short term rental law itself. Mr. Conrad states not raise it, this is the
law as it is. Mr. Cross states that new
laws go through the state and take years, not months. Mr. LaValle asks about owner occupied. Ms. Kerman and Ms. Gray go back and forth
about distinguishing these on the map but only after we get through the cases,
when Ms. Gray has time to go through them.
Mr. Lipkind states he thinks it would confuse it more and it has the law
that was drafted. Ms. Kerman states
there is a high concentration in the Hamlet Commercial zoning district. Mr. Cross states that the Short Term Rental
law would have to be changed. Mr.
LaValle states that the short term rentals are out of control. Mr. Lipkind states that this is a legislative
and Town Board issue. Ms. Gray states
she will get together memos with their thoughts next week and get them to them
via email so we can get them back to the town board.
CEAs
#4: Thoughts and Reflections
on Last Week’s Collaboration Meeting
TIME FOR CREDIT:
8:41 PM TIME ENDED:
8:51 PM
Mr. Cross states that the additional thoughts that he
had is that the Chestnut Hill applicant is nice enough to develop half the
property. Ms. Kerman states he was
courteous in dealing with the wetlands.
Mr. Cross states that his one thought is to create a shapefile and to
double the buffers on streams and wetlands from 100 ft. to 200 ft. Ms. Kerman states that Ms. Haeckel could
identify the areas, state land and people owned and look at the data to see
what is what. Ms. Resnick states that
the WEC needs some direction. Like with
New Paltz it’s too much. Mr. Cross
states that we need to stop layering.
The Town of Lloyd has a comp plan and there is a protection of the
environment and our tool is the comprehensive plan, then we can use that. Ms. Kerman states it has the same
potential. Mr. Cross states he would
like to amend the comp plan and create a layer to use as a guide. Mr. Normoyle states he is intrigued by
doubling the buffers idea. Ms. Gray
states that she will get the Planning Board the CEA webinar information out via
email.
UNFINISHED BUSINESS:
+ Update
from reps for site visit to 16 Yerry Hill SPR# 21-0378A & 16 Dixon Ave
LLC SPR# 21-0381
Mr. Cross states that the reps for these cases are Mr. Wenk
and Mr. Lipkind and asks them if everything looked ok. Mr. Wenk states they are going to be revising
their drawings and be focusing more on the first story, being more ambitious
down the line. Ms. Gray asked if she
should be expecting new plans. Mr. Wenk
and Mr. Lipkind both state yes. Mr.
Lipkind states that the site visit was done with Ian Vinci and Michael Lockwood. The spaces near end of the property lighting;
the residences are close. We need to
make sure the lighting is dark skies compliant.
The photo metrics are done for the lighting. Plans calls for raising the level with no
offices just storage. The height will be
revised and we need to make sure the height is within zoning
regulation. Mr. Cross
thanks Mr. Lipkind and Mr. Wenk for making the site visit.
+ Make a
motion to adopt draft resolution for Erkman SUP# 21-0581
Make motion to approve draft resolution
Make
motion: Stuart Lipkind 2nd: Brian Normoyle Aye:
All
+ Make a motion to adopt
draft resolutions for STR Cases under Executive Order: SUP# 21-0591 Rachel
& Nicolas Aldrich, SUP# 21-0592 Theodore Murphy & Amel Mathlouthi, SUP#
21-0593 Steven & Diane Lewis, SUP# 21-0594 WKS B LLC, SUP# 21-0595 Ford
Crull, Jr., SUP# 21-0596 Moondance Holdings LLC, SUP# 21-0597 Emilie Sinkler,
SUP# 21-0598 Carol Mayer, SUP# 21-0599 Romain Lamaze & Fouzia Kaam, SUP#
21-0600 Declan Baldwin
Make motion to approve STR draft resolutions as Melissa
listed:
Make
motion: Stuart Lipkind 2nd: Brian Normoyle Aye:
All
ADJOURNMENT
Time: 8:55 PM
Make motion to end meeting:
Peter Cross 2nd: Conor Wenk Aye: All
Mr. Lipkind wanted to acknowledge
Sally Grossman passed away.
Approved Resolutions:
RESOLUTION
TOWN OF WOODSTOCK PLANNING
BOARD
BRETT AND JESSICA ERKMAN
SPECIAL USE PERMIT APPROVAL
WITH CONDITIONS
SUP #21-0581
At a regular meeting of the
Town of Woodstock Planning Board, March 18, 2021, there were:
Present: Peter Cross, Stuart Lipkind, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle, 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 Brett
and Jessica Erkman (the
applicants) for Special Use Permit (SUP) approval; and
WHEREAS, the proposed action
involves the construction of (2) buildings and other projects / renovations
including a new garage, barn, porch addition, kitchen renovation and expansion
of the septic system in the R5 and Scenic Overlay Districts located at 387
Jim’s Road in Mount Tremper; and
WHEREAS, the parcel is designated on the Tax Map of the
Town of Woodstock as Section 25.4, Block 3, Lot 7; and
WHEREAS, the following plans and materials were reviewed by
the Planning Board:
1) Special Use Permit application received 12/15/2020 and complete with needed
signatures on 1/7/2021, including Town of Woodstock Short Environmental Assessment Form (EAF) and Referral from Zoning Enforcement Officer (ZEO), received 12/15/20;
2) Site Plans including General Notes, Site Plan, Demolition & Removal
Plans, News Plans for Cellar, First Floor, Second Floor, Roof & Barn,
Exterior Elevations, Building Sections, Window and Door Schedules and Electric
and Power Plans for Cellar, First Floor, Second Floor & Barn prepared by Graydon Yearick: Architect,
Kaaterskill Associates: Structural
Engineer, Joseph Boek: Septic Engineer
and SunCommon: Solar Consultant dated
11/24/2020 and received 12/15/2020;
3) Spec sheet for roof and wall sconces received 2/4/2021 and updated 2/8/2021
4) Aerial drone photograph received 2/4/2021 and on 2/8/21 with areas of
disturbance labelled.
WHEREAS, in accordance with SEQRA 6 NYCRR Part 617.5(c)(9),
and by reference to
TWEQR, the proposed action is considered a Type II
Action for which a SEQR review & determination are not necessary; 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 with the Town of Woodstock Planning Board,
referral to the Ulster County Planning Board (UCPB) was deemed unnecessary as
the proposed action does not exceed thresholds requiring referral; 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
comments were received with respect to the proposed action; and
WHEREAS, pursuant to the Town of Woodstock Zoning Law, no
Zoning Board of Appeals (ZBA) variances were required for the proposed action;
and
WHEREAS, pursuant to Woodstock Town
Code Section 260-77A (7) & (8) and Section 260-66A, the Planning Board can
request further documentation in preserving the scenic overlay and protecting
the integrity of the landscape.
WHEREAS, a sketch review of the application was held on
January 21, 2021, at which time the Planning Board (PB) reviewed the submitted
plans for the construction of (2) buildings and other projects / renovations in
the Scenic Overlay District. The Planning Board (PB) asked the applicant and
representative to have a site visit done with a PB member and an aerial drone
photograph done showing the area of anticipated area of disturbance. The site visit took place on January 30, 2021
and the 2nd Sketch Plan Review was held February 18. At that meeting the PB requested to schedule
a public hearing; and
WHEREAS, after proper notification,
the Planning Board opened a Public Hearing on March 18, 2021, in order to
gather comments and concerns from the public and interested and involved
agencies;
WHEREAS, on the same date, comments received from the public were considered, and the Planning Board closed the Public Hearing prior to discussing the case
and additional information received; and
WHEREAS, the Planning Board has
reviewed the application and relevant materials and documentation submitted,
and has also taken into account its knowledge of the site and the surrounding
neighborhood; approved this resolution at the meeting of March 18, 2021; and
WHEREAS, the Planning Board has
reviewed the application and relevant materials and documentation submitted,
and has also taken into account its knowledge of the site and the surrounding
neighborhood;
NOW,
THEREFORE, BE IT RESOLVED, That
with regard to the Brett and Jessica Erkman SUP #21-0581, the Planning Board
makes the following determinations for construction of (2) buildings and other
renovations in the Scenic Overlay District:
1. No
Zoning Board of Appeals variances were necessary for proposed action to comply
with the Area & Bulk Regulations of Town of Woodstock Zoning Law.
2. The
proposal is a Type II Action under SEQRA Part 617.5(c)(9) as it involves
“construction…of a single family residence on an approved lot including provisions
for necessary utility connections…and installation of…drinking water well and
septic system”;
3. Section
260-66(A) of Woodstock Zoning Law has been reviewed and the following findings
are made:
a.) Extensive cut and fill activities are not
planned. Minimal or no tree removal is planned
and the proposed structure will not be visually conspicuous; therefore, a vegetation restoration plan is not
needed.
b.) The Scenic Overlay section of the Zoning
Law requires that chosen building materials, colors and textures blend well
with the natural environment.
c.) The project must respect
natural drainage ways, contours and landforms and the Planning Board finds that
proposed action meets these objectives. The area of disturbance is minimal and
is not expected to exceed thresholds requiring an additional stormwater
prevention plan.
d.) The law prohibits
development along and/or projecting above ridgelines or in a visually prominent
area. The proposal is in the existing footprint with smaller than a 300 sq. ft.
addition and was deemed by the Planning Board that the area of disturbance is
not located on an escarpment or ridge, and structure is not located in a
visually prominent area. Due to existing vegetative buffers, the location of
the proposed action and its topography, the use of materials, colors and
textures that blend well with the environment, and that proposed exterior
lighting will be shielded and “dark-skies” compliant and cast downward, the
Planning Board finds that the modifications to
the site will be visually inconspicuous.
e.) The project must
maintain natural buffers or other vegetative screening between land uses,
developed areas and public roadways. Due to the minimal scope of the proposal, the existing natural buffers and
vegetative screening will be maintained.
f.) The law requires that
outdoor lighting fixtures in the Scenic Overlay District be shielded. A
“dark-skies” compliant, shielded light fixture sample will be required.
Lighting will be required to be down-cast to avoid spread onto neighboring
properties.
g.) The applicant is
required to minimize tree-cutting activities.
Proposed construction confirms
tree-cutting will be minimized.
4. Location,
size and intensity of the proposed action are in keeping with existing residential
uses/clearings in the area. Adequate natural buffers are being maintained
between land uses. The character and appearance of the proposed action is in
general harmony with other approved actions in this vicinity and the Scenic
Overlay District; Be it Further
RESOLVED,
That the Planning Board hereby grants
approval to the Brett and Jessica Erkman application for Special Use Permit
(SUP) #21-0581, subject to the
conditions cited below:
1. Four
(4) complete copies of site plan and building elevations including the Town of
Woodstock Bulk Regulations, with compliance statement signed by the applicants
included on plans, shall be submitted for endorsement by the Planning Board.
2. The
Final Development Fee of $200, in accordance with Section 1.62 of the Town of
Woodstock Development Fee Schedule, shall be paid prior to Planning Board
endorsement of final plans; Be it Further
RESOLVED, That Special Use Permit (SUP)
#21-0581 shall be issued under the
following conditions:
1. The applicant shall adhere
to the final signed and filed Site Plan and exterior elevations. Any and all
future modifications shall conform to and comply with all applicable sections
of the Town of Woodstock Zoning Law.
2. Exterior lighting,
materials and colors shall be as specified herein, or applicant shall request
Planning Board approval of any modifications; Be it Further
RESOLVED, That this Special Use
Permit and plans shall expire if the approved activity is not commenced
or diligently pursued within twelve (12) months of the date of this Resolution;
Be it Further
RESOLVED, That any alteration or deviation from the final
signed plans shall require the prior
review and approval by the Planning Board, and shall comply with the
requirements of Section 260-66 of the Zoning Law; Be it Further
RESOLVED, That this Resolution shall be deemed to authorize
only one particular use as defined herein and as delineated on the 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 and/or Certificate of Occupancy or Compliance
pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH
CONDITIONS
RACHEL & NICOLAS ALDRICH
SPECIAL USE PERMIT #21-0591
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
March 18, 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 Nay
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
Rachel and Nicolas Aldrich (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 37 Velvet
Underpass in Mount Tremper, and is designated on the Tax Map of the Town of
Woodstock as Section 25.4, Block 1, Lot 6; 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 10/20/20;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated 10/14/20 and
received 10/20/20;
3) Site Plan that includes details, property layout,
parking plan and garbage removal plan, prepared by applicant and received
10/20/20; 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, due to the Covid Pandemic and the executive order
detailed herein, The Planning Board is deeming your application complete; and
WHEREAS, on March 26, 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 Rachel and Nicolas Aldrich Special Use Permit (SUP)
#21-0591 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
THEODORE MURPHY & AMEL MATHLOUTHI
SPECIAL USE PERMIT #21-0592
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
March 18, 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 Nay
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
Theodore Murphy and Amel Mathlouthi (the Applicants) to establish a 1-bedroom,
non-owner occupied, Short Term Rental dwelling (the proposed action); and
WHEREAS, the proposed use is located in the R5 Zoning District at 72 Little Deer
Road in Mount Tremper, and is designated on the Tax Map of the Town of
Woodstock as Section 36.2, Block 1, Lot 28; 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 10/20/20;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated 10/14/20 and
received 10/20/20;
3) Site Plan that includes property layout with parking
and garbage detailed, and egress plan prepared by applicant and received
10/20/20; 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, due to the Covid Pandemic and the executive order
detailed herein, The Planning Board is deeming your application complete; and
WHEREAS, on March 26, 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 Theodore Murphy and
Amel Mathlouthi Special Use Permit (SUP) #21-0592 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
STEVEN JAMES & DIANE ELIZABETH
LEWIS
SPECIAL USE PERMIT #21-0593
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
March 18, 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 Nay
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
Steven James and Diane Elizabeth Lewis (the Applicants) to establish a
4-bedroom, owner occupied, Short Term Rental dwelling (the proposed action);
and
WHEREAS, the proposed use is located in the R3 Zoning District at 15 Broadview
Road in Woodstock, and is designated on
the Tax Map of the Town of Woodstock as Section 27.13, Block 3, Lot 15; 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 10/20/20;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated 10/14/20 and
received 10/20/20;
3) Site Plan that includes property layout with pool
house labeled, parking, safety & egress plan prepared by applicant and
received 10/20/20; 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, due to the Covid Pandemic and the executive order
detailed herein, The Planning Board is deeming your application complete; and
WHEREAS, on March 26, 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 Steven James and
Diane Elizabeth Lewis Special Use Permit (SUP) #21-0593 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
WKS B LLC
SPECIAL USE PERMIT #21-0594
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
March 18, 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 Nay
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
WKS B LLC (Philip Petri and David Dziekanski (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 118 Beaverkill
Road in Mount Tremper, and is designated on the Tax Map of the Town of
Woodstock as Section 25, Block 1, 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 10/14/20 and with revisions on 3/11/20;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated 10/14/20 and
received 10/20/20;
3) Site Plan that includes property layout with house,
private drive and Beaverkill Road labeled, parking plan, garbage removal plan,
safety & egress plan prepared by applicant and received 10/20/20; 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, due to the Covid Pandemic and the executive order
detailed herein, The Planning Board is deeming your application complete; and
WHEREAS, on March 26, 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 WKS B LLC Special Use Permit (SUP) #21-0594 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
FORD R. CRULL, JR.
SPECIAL USE PERMIT #21-0595
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
March 18, 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 Nay
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
Ford R. Crull, Jr. (the Applicant) to establish a 1-bedroom, non-owner
occupied, Short Term Rental dwelling (the proposed action); and
WHEREAS, the proposed use is located in the R5 Zoning District at 279 Silver
Hollow Road in Woodstock, and is
designated on the Tax Map of the Town of Woodstock as Section 15.1, Block 1,
Lot 41; 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 11/5/20;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated 10/30/20 and
received 11/5/20;
3) Site Plan
that includes property layout, exit plan, garbage removal plan, prepared by
applicant and received 11/5/20; 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, due to the Covid Pandemic and the executive order
detailed herein, The Planning Board is deeming your application complete; and
WHEREAS, on March 26, 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 Ford R. Crull, Jr. Special Use Permit (SUP) #21-0595 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
MOONDANCE HOLDINGS, LLC
SPECIAL USE PERMIT #21-0596
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
March 18, 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 Nay
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
Moondance Holdings, LLC (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 280 Tinker
Street in Woodstock, and is designated on the Tax Map of the Town of Woodstock
as Section 26.2, Block 10, Lot 6; 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 11/5/20;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated 11/2/20 and
received 11/5/20;
3) Site Plan
that includes property layout, tax map, garbage plan, property boundaries,
parking plan and emergency exit plan prepared by applicant and received
11/5/20; 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, due to the Covid Pandemic and the executive order
detailed herein, The Planning Board is deeming your application complete; and
WHEREAS, on March 26, 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 Moondance Holdings, LLC Special Use Permit (SUP) #21-0596 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
EMILIE SINKLER
SPECIAL USE PERMIT #21-0597
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
March 18, 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 Nay
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
Emilie Sinkler (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 R5 Zoning District at 390 Coldbrook
Road in Bearsville, and is designated on the Tax Map of the Town of Woodstock
as Section 37.1, Block 1, Lot 9.100; 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 11/5/20;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated 10/30/20 and
received 11/5/20;
3) Site Plan that
includes renter welcome notes, parking, survey map, emergency exit plans and
Air Bnb listing, prepared by applicant and received 11/5/20; 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, due to the Covid Pandemic and the executive order
detailed herein, The Planning Board is deeming your application complete; and
WHEREAS, on March 26, 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 Emilie Sinkler Special Use Permit (SUP) #21-0597 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
CAROL MAYER
SPECIAL USE PERMIT #21-0598
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
March 18, 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 Nay
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
Carol Mayer (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 3972 Route 212
in Lake Hill, and is designated on the Tax Map of the Town of Woodstock as
Section 15.18, Block 1, 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 11/5/20;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated 11/3/20 and
received 11/5/20;
3) Site Plan
that includes parking plan, prepared by applicant and received 11/5/20; 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, due to the Covid Pandemic and the executive order
detailed herein, The Planning Board is deeming your application complete; and
WHEREAS, on March 26, 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 Carol Mayer Special Use Permit (SUP) #21-0598 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
ROMAIN LAMAZE & FOUZIA KAAM
SPECIAL USE PERMIT #21-0599
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
March 18, 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 Nay
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
Romain Lamaze and Fouzia Kaam (the Applicants) to establish a 2-bedroom,
non-owner occupied, Short Term Rental dwelling (the proposed action); and
WHEREAS, the proposed use is located in the R5 Zoning District at 131 Silver
Hollow Road in Willow, and is designated on the Tax Map of the Town of
Woodstock as Section 15.3, Block 1, Lot 6; 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 11/5/20;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated 11/3/20 and
received 11/5/20;
3) Site Plan
that includes survey map, egress plan for main & 2nd floor,
parking plan and Waste Management My
Services details prepared by applicant and received 11/5/20; 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, due to the Covid Pandemic and the executive order
detailed herein, The Planning Board is deeming your application complete; and
WHEREAS, on March 26, 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 Romain Lamaze and Fouzia Kaam Special Use Permit (SUP)
#21-0599 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
DECLAN BALDWIN
SPECIAL USE PERMIT #21-0600
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
March 18, 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 Nay
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
Declan Baldwin (the Applicant) to establish a 4-bedroom, non-owner occupied,
Short Term Rental dwelling (the proposed action); and
WHEREAS, the proposed use is located in the R3 Zoning District at 39 Plochmann
Lane in Woodstock, and is designated on the Tax Map of the Town of Woodstock as
Section 27.10, 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 11/5/20;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO), dated 11/3/20 and
received 11/5/20;
3) Site Plan
that safety / egress plan, parking plan, pictures of house, garbage removal
plan, survey map displaying parcel and wide & tight views prepared by
applicant and received 11/5/20; 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, due to the Covid Pandemic and the executive order
detailed herein, The Planning Board is deeming your application complete; and
WHEREAS, on March 26, 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 Declan Baldwin Special Use Permit (SUP) #21-0600 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.
