MEETING MINUTES
April 1, 2021
REGULAR ZOOM MEETING
7:00 PM START TIME: 7:00 PM
CALL TO ORDER, determination of quorum
Members Present: Peter
Cross
Stuart
Lipkind
John
LaValle, arrived at 7:02 pm
Judith
Kerman
Conor
Wenk
Brian
Normoyle
James
Conrad
Members Absent:
Additional Present: Melissa
Gray, Administrative Assistant
Ashley
Slovensky, Zoom Meeting Coordinator
Agenda Invitees: Michael
Tsoumpas, Tsoumpas
George
Politidis
Barry
Medenbach
Cyndy
Borzumato-Cobb
Lizzie
Van, Bearsville Center
Kim
Lockrow
Barry
Medenbach
Public Invited: Lisa
Kirk
Mike
Onorato
Natalie
Cyr
Jenny
Maddock
Tim
Jones
Updates to AGENDA: Curb Cut & Driveway Permit for Tsoumpas PB# 19-1217 & WWP# 19-042 rec’d
4.1.21
Mr. Cross asked Ms. Gray if there were any updates and she
said the above.
MINUTES: March
4, 2021 (revised)
Notes: Mr. Cross
stated that his revision had to do with the EAF and being in compliance with
the comp plan and the importance of CEAs.
March 18, 2021
Make motion to approve both minutes: Peter Cross 2nd: Judith Kerman& Brian Normoyle Aye: All
COMMUNICATIONS & ANNOUNCEMENTS:
+ Letter
from R. Merck re: PB# 21-1225 Nicolich & Chaiklin rec’d Mar. 18
Mr. Cross acknowledged this and the following three for the
same case and reminded the PB that this was with two towns: Hurley and Woodstock and had wetlands on Ryan
Drive.
+ Letter
from J. O’Connor re: PB# 21-1225 rec’d Mar. 22
+ Letter
from Residents of Ryan Drive & Sandy Court re: PB#
21-1225 rec’d March 22
+ Letter
from A. Beltrani / Hurley PB re: PB# 21-1225 rec’d Mar. 22
+ Email
from G. Cross re: SUP# 21-0588 Witmer-Pack rec’d Mar. 22
Ms. Gray states they will be back at the next meeting, Mr.
Cross did the site visit.
+ Email
from A. Spinelli re: Thank you PB rec’d Mar. 22
Mr. Cross states that this interesting and he was thinking
about how we can get younger people involved.
+ Email
from N. Cyr re: SPR# 21-0141E Bearsville Center rec’d Mar. 22
Mr. Cross states we’ll get into this when we get to that
case.
+ Memo
from ZEO, E. Casciaro re: SPR# 21-0141E Bearsville Center rec’d
Mar. 22
Mr. Cross states same as above and there is a point in some
of this is within the zoning department and not the PB.
+ Email
from Alex: WEC re: CEA
Training w/ Hudsonia rec’d Mar. 25
Mr. Cross told the PB this was an application for training
assistance through the Hudsonia Estuary Program for CEAs and they are looking
for volunteers within the PB to be included with the WEC. Ms. Kerman in very interested. Ms. Gray will send email out and include all. Mr. Cross states that our next workshop will
be on CEAs and the Comp Plan.
+ Email
from Kim @ Bearsville Center re: SPR#21-0141E rec’d Mar. 25
Mr. Cross acknowledges.
+ Email
from Irwin Rosenthal re: moratorium rec’d Mar. 25
Mr. Cross states we aren’t going to get into this now. We will later in the meeting.
+ Email
from Supervisor McKenna’s office re: Public Health Emergency Plan of Operations
rec’d Mar. 26
Mr. Cross recommends that the PB read it.
+ Email
and Landscaping Plan from Kim @
Bearsville Center Re: SPR#21-0141E rec’d Mar. 29
Mr. Cross acknowledges.
+ Email
and Spec Sheet from G. Cross
re: SUP#
21-0588 Witmer-Pack rec’d Mar. 29
Mr. Cross acknowledges.
+ Plans
from Barry @ Medenbach & Eggers re: PB# 19-1217 & WWP# 19-042 rec’d
Mar. 30
Mr. Cross acknowledges.
NEW BUSINESS:
SCHEDULED BUSINESS:
SKETCH PLAN REVIEWS:
MICHAEL TSOUMPAS
PB#19-1217 & WWP# 19-042: 2nd
Sketch Plan Review to review WWP application 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
Present: Michael Tsoumpas and Barry Medenbach
Notes: Mr. Cross states that this is a continuation
of the Wetlands and Watercourse Permit (WWP) process. In the town code §260-34 G there are (2)
standards for us to determine how to approve the application going into the
wetland buffer. That is part two. Part one was avoided by not going into the
wetlands. That is the first step. The second step is that we have access to the
two lots that goes through part of the buffer and there is an existing dirt
road / access road they are going to use to build a proper road and have the
least amount of disturbances as possible.
The standards for permit review, we went through that and avoided due to
the applicant changing his proposed plan from 5 lots to 3 and preserving the
wetlands. The PB is dealing with
mitigation for two driveways to go through the lots. Mr. Medenbach’s maps are excellent and they
go exactly by what the code says.
Everything has been taken into account.
The Planning Board has to decide tonight how to mitigate in the buffer zone
and there are several options: limiting,
implementing, restricting, green belts, restoration, replacing species or
increasing buffer areas to intrusion. We
are dealing with increasing the buffer areas to compensate. Ms. Kerman shared her screen with Mr.
Medenbach’s most recent submission. Mr.
Medenbach directs Ms. Kerman to page two.
Mr. Cross adds see lot one and lot two.
The PB has to agree on the mitigation measure to apply to the site
plan. The applicant has taken the green
area, this was their idea. I’m
suggesting between lot one and two, the intermittent stream comes through, this
area between the two buffers. The stream
is the dotted black line. Mr. Cross
proposes to the PB that the two lots with the streams and wetlands, we give
more of a buffer in that area. He
understands that the applicant picked the other area, but he doesn’t think that
area will get disturbed. He asks the PB
for their thoughts. He states in the
middle of the three houses. Mr. Lipkind
asks how is adding additional protection helpful and asks Mr. Cross to explain
more. Mr. Cross explains that there will
be no development or building. They can
cut trees, make walkways, paths, etc but they can’t build or develop. No roads.
Mr. Lipkind asks how much. Mr.
Cross states that Mr. Medenbach has the number.
Mr. Medenbach replies that it is half acre. Mr. Cross states that it will be applied
there, wetland B between the two areas. Ms.
Kerman describes location on map showing buffers and proposed house and the
steep slope. Mr. Cross states widen the
buffer. Mr. Medenbach states that the
house and septic area. Mr. Cross states
no, more area in that area. Mr.
Medenbach states that won’t equal half acre.
Mr. Cross states how about lot one.
Mr. Medenbach asks south of lot one and lot three. Mr. Cross replies sprawling into the wetlands
by development, by the stream. The PB
and Mr. Medenbach continue to discuss the location of the proposed widen
buffers. Mr. Medenbach states look at
lot one by Chestnut Hill Road and the initial buffer strip, we can include to
the road area and add by lot three. Mr.
Cross states put around where we are developing to give the wetlands more
protection. Mr. Medenbach and Ms. Kerman
discuss land usage, the protections and location on the site plan. Ms. Kerman asks about the slopes. Mr. Cross states create buffers on both
sides, they don’t have to be in the same place.
I think what Mr. Medenbach is proposing is good. Conversation continues between Ms. Kerman and
Mr. Cross about location of the proposed buffer. Mr. Cross shows on the site plan the area of
the buffer. Mr. Medenbach states his
calculation is that is a third an acre and they would have to add area on the
other side. Mr. Medenbach, Mr. Cross and
Ms. Kerman continue to discuss the protection, where and how and the overall
calculations. Mr. Cross asks what the
Planning Board thinks. Several PB
members state ok. Mr. Medenbach asks if
the client, Mr. Tsoumpas is ok with this.
Mr. Tsoumpas replies he is. Mr.
Cross asks to poll the Board. Mr.
Lipkind asks how do we propose this. Mr.
Medenbach states he will resubmit the map.
Mr. Lipkind asks Mr. Medenbach if the map will indicate the area size
and additional size buffer. Mr.
Medenbach replies yes, but I can’t do that tonight. He will revise the map to show the buffer
area and restricted area with the stipulation of no construction. That will run with the land and be
permanent. Ms. Gray states that the
final maps will be listed as conditions in the resolution. Mr. Lipkind asks Mr. Cross in his view, is
this as much protection as we can add on.
Mr. Cross states the Town Code says to match the area of
disturbance. Keep in mind the applicant
has agreed to preserve over half the property.
This was a major concession by the applicant and a good thing for the
environment. The idea of doing this is
to protect the environment and come to an agreement with the applicant for the
best possible results. Mr. Medenbach
states a half acre and remember there is already an existing raised roadway. That is less disturbance than normal. Mr. Cross continues that he knows Mr.
Rudikoff talked about adding vegetation but Mr. Medenbach’s point on that is
true. It would make more of a mess to do
that. The protected area is between the
three houses. Basically, we all agree
and accept this plan as the mitigation.
Mr. Cross and Ms. Kerman thank Mr. Tsoumpas for preserving the
environment. Ms. Gray will schedule a
public hearing. Ms. Gray states she’ll
be in touch to do that. She is closely
watching the Governor’s Open Meeting Law extensions. Ms. Kerman asks if we can ask for vaccination
proof for meeting attendees. Mr. Cross
states he doesn’t believe that is allowed.
Mr. Cross states that Ms. Gray will put in the resolution and Mr.
Medenbach will submit the maps. We are
closing the mitigation tonight. The PB fulfilled the wetlands and watercourse
permit process tonight. Mr. Cross made a
motion to accept the mitigation as discussed and schedule a public
hearing. Ms. Kerman 2nd the
motion. Peter Cross: Aye; Stuart Lipkind: Aye; John LaValle: Aye; Judith Kerman: Aye; Conor Wenk: Aye; Brian Normoyle: Nay; James Conrad: Aye.
Mr. Cross continues this is the
end of this part of it. We have the
approval for the curb cuts. The
resolution will have language to say the areas of land depicted will not be developed. What has been proposed now is all that can be
done. Ms. Gray states she’ll schedule
the public hearing as soon as she can.
Mr. Cross asks the PB if they have anything to address. Ms. Kerman thanks Mr. Tsoumpas. Mr. Lipkind asks what the process is from
here. Ms. Gray states she will schedule
the public hearing and have a resolution ready with the conditions of the
mitigation to be depicted on the final maps.
We will have a public hearing and move forward. After we have the hearing, the conditions
listed in the resolution need to be met and then when we have everything we
need.
BEARSVILLE CENTER SPR# 21-0141E: 2nd Sketch Plan Review to discuss County Referral of a
Site Plan Review application for site plan modifications to existing site plan
to expand parking lot and make improvements including entrance and lighting in
the NC Zoning District located at 277–297 Tinker Street in Woodstock SBL#
26.4-3-4.100 Rep: Barry Medenbach, PE
Present:
Lizzie Vann, Kim Lockrow, Barry Medenbach
Notes:
Mr. Cross read case summary.
Conversation on sharing the screen to show plans. Ms. Kerman shows the landscape and lighting
plan. Mr. Cross asks Mr. Medenbach to
explain. Mr. Medenbach states the
applicant gave this to them and he is basically seeing this as they are. Ms. Vann states that is their landscaping
plan that they wanted to show the Planning Board. Mr. Cross states there are a couple points
regarding this: The gravesite of Albert
Grossman and wants to make sure the right of way is protected and honored. Ms. Vann states absolutely yes. Mr. Cross states stormwater drainage and if
they plan to engineer drywells. Mr.
Medenbach states they are going to have those, recharge basins, depressions in
the ground. We have to put it in the
formal plan but we have the concept. He
wanted the Planning Board to give him feedback before he did the calculations. Mr. Cross asks Mr. Medenbach about the curb
cut. Mr. Medenbach states they met with
DOT and sent the map to them. There will
be curbing off frontage and if they remove what’s there it could be problematic
for drainage. They are ready to issue
the permit. They are eliminating one
exit and keeping with the new major entrance.
One building, the shop will be the single driveway width. Ms. Kerman asks Mr. Medenbach if it’s
continuous. Mr. Medenbach replies yes,
this is what they asked us to do. He
continues to describe the curb locale and what exactly was suggested by
DOT. They will be putting in paved
entrances and no more curbing. Mr. Cross
asks the PB if they have any questions for this site plan proposal. Mr. LaValle asks about elevations on the
plans. Mr. Medenbach states not on this
sheet he is displaying but on other ones.
Mr. Cross asked if Mr. LaValle would like to see them. Mr. LaValle says well... Ms. Vann shows the landscaping plan and
states this is the landscaping plan they wanted to show. Mr. LaValle comments on the highest and
lowest elevation areas and asked if there was a lot of runoff. Ms. Vann replied there was a lot of runoff
and they have trenched around all the buildings. Ms. Vann screen shares sheet one. Mr. LaValle, Ms. Vann and Mr. Medenbach
discuss the contour lines from top to bottom and left to right. Mr. Cross asks Mr. LaValle if this
helped. Discussion of the Sawkill Creek
locale. Mr. Cross asked the Planning
Board if they had any questions about the site plan. Ms. Vann shares her screen. Mr. Medenbach describes the site plan sheet
that is shown and tells the PB that the dark gray will be black top and the
light gray will be gravel. He shows the
location on the plans and states there will be additional parking and the main
entrance will be paved. Ms. Vann
continues they are adding more parking because there previously wasn’t enough
parking. There are two major changes
happening. The Utopia building is being
changed and another building will be public space for theater productions,
yoga, etc. The occupancy has gone up
quite a bit. She continues with the
history of the building and permits and the strict occupancy that was set on
the site. The occupancy has risen in two
buildings and causing the need for more parking spaces. Mr. Cross states that Ms. Gray will need the
calculations for the parking for the resolution. Mr. Medenbach states that it shows on the
plans that they now comply. Mr. Cross
states that it is critical for us to have the Planning Board questions on
parking. Ms. Kerman asks about
handicapped parking availability. Ms.
Vann and Mr. Medenbach state yes and it is stated on the plan. Mr. Medenbach states sixteen is the number
required. Ms. Kerman questions if they
are van accessible. Ms. Vann states she
will have signs and plans to police it.
Mr. Cross asks about signage. Ms
Vann shows sheet 3 and Mr. Medenbach states it’s all right there. Mr. Cross states the resolution will need the
signage included. Mr. Cross asks about
the sign from the road. Mr. Medenbach
states they will detail all that. He
asks about traffic control signs and Mr. Cross states yes, exactly. Mr. LaValle asks if the existing black top
doesn’t exist anymore, does it. Mr.
Mednebach states no, it’s worn away and mud.
Mr. LaValle asks about the proposed permeability. Mr. Medenbach states that when they
calculate, they assume all gravel areas are impervious. Mr. LaValle thanks Mr. Medenbach. Ms. Kerman asks if for the stormwater and
ditches would rain gardens do the job for that.
Mr. Medenbach states yes, we are going to size them for that. Ms. Vann put in a lot of sub drainage and
piped it to the end of the site. Water
was a major problem with mud holes and there were lots of improvements made
over the past year. Ms. Vann states that
the mold mediation cost $250,000 and she didn’t even know that was a
thing. Mr. Medenbach states that the
next step is to handle all the drainage and the storm water pollution
prevention plan. Mr. Cross asks about
the cut sheets for the lighting. Mr.
Medenbach states we did this already and it’s all on the plan. The old lighting is coming out and the new
lighting will be dark skies compliant and shine down towards the ground. Mr. Medenbach states there is a photometric
plan of the lighting. Mr. Cross states
we don’t want it to spread out to the highway.
Mr. Medenbach states that’s why we do the photometric plan. Mr. Cross asks if the PB has any questions. Ms. Kerman states that she is impressed. Mr. Cross states we need to do a site visit
and as many that want to can go, as he just found out at a webinar. We can have over a quorum to go. Ms. Vann states she would love to have
them. Mr. LaValle states he will go. Mr. Normoyle, also volunteers and Mr. Cross
states he will go, also. It’s at the
bottom of his hill. Ms. Kerman states
she’s not sure she wants to walk, but will drive around the parking lot. Mr. Cross says she can do that. Mr. Cross asked the PB if there were any
issues. Ms. Vann asks if she can show
them a slideshow with some issues they would like to resolve prior to the
spring. She screen shares a power point
slideshow. The items of concern for her
are the garden to be open for summer, the patio, the dumpster pad to prevent
the bears, safety, lighting and open the gardens. They are hurting financially. We will have a decibel counter to prevent noise
pollution and keep everyone accountable.
There are timeline issues and with covid restrictions cause the
temporary fence we put up last summer.
She asks if there is any way to move along a few things. Mr. Cross states there is no work to be done
until the site plan is approved. The
quicker you do this and get the plan together, the quicker we can scheduled a
public hearing. The fence goes through
an easement and that is technically a violation. Ms. Vann states she doesn’t want to get into
the whole story but they tried to hire a surveyor in May or June and couldn’t
get anyone to come out. They measured
and did it themselves and thought they did ok.
When Ms. Grossman brought the surveyors out, we realized we accidentally
put it in the wrong space. She continues
that she probably shouldn’t talk too much about this due to the litigation with
this and other issues. She doesn’t want
the fence to be a problem and she would take it down today if she could. Mr. Cross states the fence is on someone else’s
property. The PB has to correct the
violation to move forward with the site plan and then we can schedule the
public hearing. Can Ms. Gray give us a
plan of action. Ms. Gray explains she lost wifi for a few minutes
and logged in on her cell phone and asked if they determined site visit
volunteers. The PB states we did that already. Ms. Gray continues, do the site visit, let me
know when. Mr. Medenbach still needs to
get together a few things for us and then I will set a public hearing as soon
as possible. Mr. Cross asks if the
Planning Board all agrees. All members
agree. Mr. Cross asks Ms. Gray if there
were any concerns he missed in the email that was moreso zoning issues. Ms. Gray states that the fence was the real
issue that needed attention and yes, the rest zoning issues. She states the Ms. Cyr is here in the meeting
but via phone and if she has concerns she can contact Ms. Gray anytime. Site visit reps are John LaValle, Brian
Normoyle and Peter Cross. Mr. Cross continues that we have to rectify the fence
and need to do a site visit, and then we can schedule the public hearing, as
Ms. Gray said. Ms. Gray reiterates do
the site visit and we’ll schedule the public hearing. Mr. Cross thanks Ms. Vann and says the town
is really glad you are fixing it up. They
talk about the movement of the fence 5 feet.
Ms. Vann states she will do that next week. Ms. Vann asks if she’ll be up and running by
Memorial Day. Mr. Cross asked her to
talk to the building inspector. He is
aware buildings can operate during review; it is up to the building
inspector. Mr. Cross checks with the PB
to make sure all are in agreeance. PB
all agrees. Ms. Gray thanks everyone and
tells Ms. Vann she did a wonderful job with screen sharing.
UNFINISHED BUSINESS:
+ Make a
motion to adopt draft addendum to resolution for Mountain Meadow Realty,
LLC SPR# 18-0364A
Mr. Cross asked Mr. Lipkind to make the motion for this
resolution.
Make motion to approve draft resolution
Make
motion: Stuart Lipkind 2nd: Brian Normoyle Aye:
All
+ Make a motion to approve
credits for Judith Kerman for attending Critical
Environmental Areas
Webinar on Mar. 23 and
Brian Normoyle for attending NYPF Communication,
the Media and Social Media
on Mar. 24
Make motion to approve credits for Judith and Brian
Make
motion: Peter Cross 2nd: Stuart Lipkind Aye:
All
+ Make a motion to approve draft
memos to Town Board & Supervisor McKenna re: Fill Law & Moratoriums
Mr.
Cross read the Fill Laws Memo and told the PB that Ms. Gray worked on the fill
law and Ms. Kerman worked on the moratorium one. The moratoriums request wasn’t clear. With regards to the fill law, the PB asks the
County for approval for a septic because it is in their expertise. We also ask the building inspector for the
expertise that the PB doesn’t have and should be able to do so with fill.
Make motion to approve both draft memos
Make
motion: Peter Cross 2nd: Brian Normoyle Aye: All
+ Make a motion to adopt
draft resolutions for STR Cases under Executive Order: SUP# 21-0601 Nina &
James Dunlavey, SUP# 21-0602 Walter & Staci Kurick, SUP#
21-0603 Dror Ashuah, SUP# 21-0604 Erin Flaherty,
SUP# 21-0605 Kathryn M. Johnson
Make motion to approve draft resolutions
Make
motion: Judith Kerman 2nd: James Conrad
Peter Cross: Aye
Stuart Lipkind: Nay
John LaValle: Nay
Judith Kerman: Aye
Conor Wenk: Nay
Brian Normoyle: Nay
James Conrad: Aye
(NOTE: 4 is the majority)
Ms.
Gray states she can’t finalize these resolutions without a majority vote. The PB discusses short term rentals. Mr. LaValle states what this has done to the
long term rentals is not ok. Ms. Gray
said the cap has been met, it’s done.
These are the cases that we are finishing that are within the cap under
the executive order. Mr. Lipkind asks
the PB for their thoughts from the Nay voters.
The PB members go back and forth about the distinction of non-owner
occupied and owner occupied. Mr. Cross
states that the building department monitors and enforces the STRs but the SUP
requires a Public Hearing and that is why these are in front of the PB. Mr. LaValle states he will continue to say
Nay because he feels it has come above and beyond what STRs should be. There should be discretion to limit special
use. Non-owner occupied has gone too
far. Ms. Kerman agrees. Mr. Lipkind asks if in saying these Nays are
we initiating a lawsuit in doing this.
Ms. Kerman states that the map will show and we can use that and have
the history for future reference. Mr. Cross states to the PB that at a
department head meeting that the cap has been met on the STR’s and the
moratorium conversation was based on development. Ms. Kerman states we can map
the owner occupied and non-owner occupied to show that. Ms. Gray says she will differentiate as soon
as she has time to do that and can let them know prior which are which; but a
majority are non-owner occupied. Mr.
Lipkind suggests a revote for this. Mr.
Wenk recommends separating the owner occupied and non-owner occupied. Mr. Cross agrees with Mr. LaValle’s
statements and says it is unfair.
Mr.
Lipkind makes a motion to reopen the revote due to the misimpression regarding
the short term rentals... 2nd: Brian Normoyle (Vote doesn’t happen yet)
Conversation
continued on STRs and that the Planning Board is concerned they are affecting
long term housing in the town of Woodstock and the fact the people can’t afford
to live here. Mr. LaValle states that he
doesn’t agree with non-owner occupied short term rentals and states that the
law is incorrect in how it was written.
Ms. Kerman mentions the Woodstock Way and their rentals. Mr. Cross states that he agrees with Mr. LaValle,
the non-owner occupied STRs are ridiculous and we used to encourage folks to do
a bed and breakfast if they had an extra bedroom and it wasn’t like this.
PB
continues conversation on STRs and says we need to look at the neighborhoods
and want to know if the cases are owner occupied or non-owner occupied. Ms. Gray apologizes and states she will add
that to the spreadsheet from now on, but most of what the PB sees is non-owner
occupied. There is only a small amount
of owner-occupied that the PB sees due to how the law was written. Mr. Lipkind tells Ms. Gray to stop apologizing.
Mr. LaValle states that if we give a special use permit and there are no
restrictions, we lose all discretions.
These are used as a rental income in this village, a profit motive. Ms. Kerman
asks non-owner occupied. Mr. LaValle
states people buying houses to create short term rentals. Mr. Lipkind states the town board is
considering moratoriums, and asks the PB, do we have the power to withhold
permits on non-owner occupied rentals.
Mr. Wenk states yes, I think part of this was because of the STRs. Mr. Conrad says then raise taxes on the short
term rentals. Mr. Cross states we need
affordable housing.
Mr.
Lipkind makes a motion to take a second vote to approve draft
resolutions
Make
motion: Stuart Lipkind 2nd: Judith Kerman
Peter Cross: Aye
Stuart Lipkind: Aye
John LaValle: Nay
Judith Kerman: Aye
Conor Wenk: Nay,
comments ‘on a whole’
Brian Normoyle: Nay
James Conrad: Aye
(NOTE: 4 is the
majority for approval)
Ms. Gray states we are going to have a problem, we have
approved so many cases and have so many to get through via the executive
order. I will get you the numbers this
week. Mr. Conrad states to the Planning
Board I think we are going to have to eat this, it’s not fair to the
people. Mr. Wenk states there needs to
be a discussion.
Member
of the public, Jenny Maddock asks to speak and states that she has a non-owner
occupied cabin fifteen minutes from Woodstock and this is the only way for her
to hang onto her house. She has an
application in and asks if it is going to be denied. Ms. Gray states she remembers her name and
asks her if she filled out the application and paid the application fee. She states yes and Ms. Gray tells her she is
in the cap then. She expresses concern
to the Planning Board that if she doesn’t have an STR for her Woodstock home,
she would have to sell it. They couldn’t
afford it otherwise and there are peoples’ lives at stake. They have done everything they were asked to
do. Ms. Gray states she will be in touch
and let her know exactly where she is in the process with the Planning Board
office.
Ms.
Gray states that there is an STR Committee comprised of Richard Heppner and
Lorin Rose for these exact reasons, she believes. She will gladly forward on any comments to
them regarding STRs. Maybe they could
attend a meeting and be heard and discuss their concerns.
ADJOURNMENT
Time: 8:35 pm
Make motion to end meeting:
Peter Cross 2nd: Conor Wenk Aye: All
Approved Resolutions:
ADDENDUM
TO RESOLUTION
TOWN
OF WOODSTOCK PLANNING BOARD
SITE
PLAN REVIEW
MOUNTAIN MEADOW REALTY, LLC
SPR
# 18-0364A
At
a regularly scheduled meeting of the Town of Woodstock Planning Board on April
1, 2021 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, granted conditional approval to Mountain Meadow
Realty, LLC for the Site Plan Review application received from Jess Walker,
representative to: 1) in former Bank of
America space, add two (2) additional storefronts with separate entries for
future retail use; reconfigure third space for new tenant, Bank of Greene
County; 2) remove and replace marquee; 3) relocate sign; 4) minor sidewalk
revisions, in the Hamlet Commercial (HC) Zoning District and Hamlet
Preservation and Flood Fringe Overlay Districts, located at 75-83 Mill Hill
Road in Woodstock; and
WHEREAS, the
parcel is designated on the Tax Map of the Town of Woodstock as Section 27.55,
Block 2, Lot 6; and
WHEREAS, the
Town of Woodstock Town Code, Chapter 260, Zoning,
Article VII, Site Plan Review and
Approval, and Article V, Supplementary
Regulations, §260-35, Standards for
Development Within the Flood-Fringe Overlay District, and §260-37, Standards for Development within the Hamlet
Preservation Overlay District, were considered in the review of this
application; and
WHEREAS, the
following plans and materials were received by the Planning Board:
1) Site Plan Review with Parking
Calculations, received 3/16/21;
WHEREAS, on
March 18, 2021, the Planning Board (PB) held a meeting with Mr. Walker to
discuss the parking calculations and details to complete the site plans
drawings and meet the conditions as requested in the prior resolution.
WHEREAS, the
Planning Board has also taken into account its knowledge of the site and
surrounding neighborhood;
NOW, THEREFORE, BE IT RESOLVED, That in accordance with SEQR 6 NYCRR Part 617 and
TWEQR, by reference to the SEQRA Regulations, the proposed action is considered
a Type II Action not requiring further review; Be it Further
RESOLVED, That pursuant
to Section 260-30 of the Zoning Law, Parking
and Loading Standards, the applicant will be required to submit parking
calculations for the new uses taking into consideration the former use of the
space being renovated; Be it Further
RESOLVED,
That the Planning Board hereby grants
approval of the Mountain Meadow Realty, LLC, Site Plan Review application
SPR #18-0364A, subject to the following
conditions:
1. Submit four (4) complete
sets of the final Site Plan for signing by the Planning Board, with each set
containing the signed applicant’s compliance statement and parking calculations
displayed;
2. Submit the Final
Development Fee in the amount of $765 as stated in the Development Fee Schedule
Section 1.22 (renovations): based on cost of improvements, and as determined by
the Building Inspector and as filed on the Building Permit application;
3. Submit Fee in-lieu-of Onsite Parking Spaces for
thirteen (13) spaces and in accordance with the Town Development Fee Schedule
Section 1.41, in the amount of $11,700, OR in the amount to be
determined by the Town Board. Please
submit a letter from the Town Board confirming process therein; Be it Further
RESOLVED,
That any alteration or deviation from the signed final plan shall require the
prior review and Approval by the Planning Board; Be it Further
RESOLVED,
That any proposed amendments to the approved Site Plan shall comply with the
requirements of the Town of Woodstock Zoning Law; Be it Further
RESOLVED,
That this Resolution authorizes only the activities approved herein and as
delineated on the signed and filed final plans; Be it Finally
RESOLVED,
That failure to comply with any of the conditions set forth herein shall be
deemed a violation of this Approval, which may cause the revocation of said
Approval, or the revocation by the Building Inspector, of any issued Building
Permit or Certificate of Occupancy or Compliance pertaining thereto.
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
SHORT TERM RENTAL APPROVAL WITH
CONDITIONS
NINA & JAMES DUNLAVEY
SPECIAL USE PERMIT #21-0601
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
April 1, 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: Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Nay
Judith Kerman Aye
Conor Wenk Nay
Brian Normoyle Nay
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
Nina and James Dunlavey (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 R8 Zoning District at 680 Zena
Road in Woodstock, and is designated on
the Tax Map of the Town of Woodstock as Section 27.4, Block 4, Lot 3; 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 property layout & parking
and 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 April 9, 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 Nina and James Dunlavey Special Use Permit (SUP) #21-0601 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
WALTER & STACI KURICK
SPECIAL USE PERMIT #21-0602
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
April 1, 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:
Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Nay
Judith Kerman Aye
Conor Wenk Nay
Brian Normoyle Nay
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
Walter and Staci Kurick (the Applicants) to establish a 3-bedroom, non-owner
occupied, Short Term Rental dwelling (the proposed action); and
WHEREAS, the proposed use is located in the R3 Zoning District at 21 Eastwoods
Drive in Kingston, and is designated on
the Tax Map of the Town of Woodstock as Section 38.2, Block 1, Lot 46; 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 first & second floors exit
plan on house layout diagrams and parking, garbage and exits 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 April 9, 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 Walter and Staci Kurick Special Use Permit (SUP) #21-0602 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
DROR ASHUAH
SPECIAL USE PERMIT #21-0603
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
April 1, 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:
Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Nay
Judith Kerman Aye
Conor Wenk Nay
Brian Normoyle Nay
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
Dror Ashuah (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 401 Sickler
Road in Willow, and is designated on the
Tax Map of the Town of Woodstock as Section 15.3, Block 4, Lot 15.100; 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 11/3/20 and
received 11/5/20;
3) Site Plan that includes safety egress plans, trash
plan and Ashuah Cottage Plans & Elevations prepared by William P. Brinnier,
RA and dated 4/6/16 , 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 April 9, 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 Dror Ashuah Special Use Permit (SUP) #21-0603 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
ERIN FLAHERTY
SPECIAL USE PERMIT #21-0604
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
April 1, 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:
Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Nay
Judith Kerman Aye
Conor Wenk Nay
Brian Normoyle Nay
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
Erin Flaherty (the Applicant) to establish (2) 1-bedroom cottages, non-owner
occupied, Short Term Rental dwelling (the proposed action); and
WHEREAS, the proposed use is located in the R1.5 Zoning District at 4-6 Moonlight
Path in Bearsville, and is designated on the Tax Map of the Town of Woodstock
as Section 26.2, Block 8, Lot 25; 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 drawn picture of site with
cottages detailed and safety / egress 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 April 9, 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 Erin Flaherty Special Use Permit (SUP) #21-0604 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
KATHRYN M. JOHNSON
SPECIAL USE PERMIT #21-0605
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
April 1, 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:
Judith Kerman
The Vote was:
Peter Cross Aye
Stuart Lipkind Aye
John LaValle Nay
Judith Kerman Aye
Conor Wenk Nay
Brian Normoyle Nay
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
Kathryn M. Johnson (the Applicant) to establish a 5-bedroom, owner occupied,
Short Term Rental dwelling (the proposed action); and
WHEREAS, the proposed use is located in the R3 Zoning District at 54 Ohayo
Mountain Road in Woodstock, and is designated on the Tax Map of the Town of
Woodstock as Section 27.13, Block 4, Lot 7 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 containing
structures and parcel prepared by Colin M. Houston, PLS dated July 27, 2007 and
revised January 25, 2013, in case of fire exit directions, parking plan and a
County Waste invoice, 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 April 9, 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 Kathryn M. Johnson Special Use Permit (SUP) #21-0605 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.
