MEETING MINUTES
July 29, 2021
WORKSHOP MEETING
Held at the Comeau Building
6:30 PM Start
Time: 6:30 pm
CALL TO ORDER, determination of quorum
Members Present: Peter
Cross
Stuart
Lipkind
Judith
Kerman
James
Conrad
Members Absent: John
LaValle
Brian
Normoyle
Conor
Wenk
Updates to AGENDA:
MINUTES:
COMMUNICATIONS & ANNOUNCEMENTS:
+ Letter from
WEC re: FAM Acres PB# 21-1226 rec’d Jul
14
Mr. Cross acknowledges.
+ Email from K.Panza re: Memo on Local Law #3 from PB rec’d Jul 19
Mr. Cross acknowledged and states Mr. Panza is here. Ms. Kerman and Mr. Panza go back and forth about mapping. Mr. Panza agrees with Ms. Kerman there is no
definition of district metes and bounds.
There are shapefiles NRI and that is the best of the technological
ability. It will change as the law
processes. Ms. Kerman states if someone
comes with an application, we need to know where. Mr. Panza and Ms. Kerman go back and forth
about Mr. Ed Sanders and contacts. Mr.
Cross asks Mr. Panza if this is in process.
The Zoning Revision Map is from 2015.
Mr. Panza states that this is the proposal and it doesn’t matter because
it hasn’t been approved. When it is
approved, it is legal in the zoning law.
Ms. Kerman states that’s all we need to know. The Planning Board thanks Mr. Panza.
+ Letter from WEC re: FAM Acres PB# 21-1226 rec’d Jul 23
Mr. Cross acknowledges.
NEW BUSINESS:
SCHEDULED BUSINESS:
6:30 PM +
Supervisor McKenna to Discuss New Adopted Local Laws
Supervisor McKenna hands Mr. Cross a draft letter from the
Town Board regarding the moratorium and subdivisions. The moratorium is for transient lodging and
expansion. No more short term rentals,
hotels, motels, or conversions of residential to commercial. The moratorium is for nine months. In regards to subdivisions, they are not
included in the moratorium. There is one
in front of us now and there is a potential one coming in. We want everyone to get the message to be
aware. We will be looking at the laws
and subdivisions. We will be looking at
the language and law for subdivisions.
The moratorium is based on the comprehensive plan and what it
suggests. We use this as our guiding principle. Ms. Kerman questions the timing and the cases
in front of the Planning Board currently.
Supervisor McKenna states that SEQRA can take seven – ten months. Ms. Kerman is on the committee for the
moratorium and Supervisor McKenna asks her to keep the Board applicative in
regards to this. Ms. Kerman replies oh
yeah. Supervisor McKenna states we want
anyone coming in the door to understand we are following the comprehensive
plan.
With the Fill Law, Supervisor McKenna states he ultimately
left the PB in there. We didn’t ignore
you, yes there is a need for expertise to deal with it. You don’t need the expertise, if you need
experts, get escrow and you can always avail yourself to the building
inspector. The building inspector
handles the case load. To fill in a site plan, there shouldn’t be any conflict
and when needed, rely on the building department. Engineers and Matt Rudikoff are there for you
if you need further expertise in any case.
Mr. Lipkind states this is more of a practicality question, what if a
fill permit is part of a larger project?
Supervisor McKenna states you can always get a sign off from Ms.
Casciaro. I know you are a civilian
board. You sit down and figure out how
to move forward. Mr. Cross asks about
the wellhead protection law. Supervisor
McKenna states that will be later on.
Mr. Conrad asks about the waiting list for the short term rental cases. Supervisor McKenna states there has been a
lot of back and forth, it is an imperfect law and we need to make tweaks to
that. We are talking about time frame
and possibly start over. Mr. Cross asks
about the laws on repeaters for the cell tower.
Mr. Lipkind adds there is two sections.
Supervisor McKenna states this is the section of the zoning law.
Supervisor McKenna states that for Mr. LaValle to do Zoom
meeting and be able to vote, he would need to open his house as a public place
for people to come in. But, he can
participate via Zoom, he is just a non-voting member. Mr. Lipkind states that he knew the old law
from 2017 when Robert Freeman was the executive director. There’s a whole different tact in 2019 and it
seems to defeat the purpose. Supervisor
McKenna states he went back and forth with Association of Towns. Mr. Lipkind states it just doesn’t seem right
but thanks Supervisor McKenna for the current information. Ms. Kerman states that it should be
overturned by the ADA Disabilities Act.
The Board thanks Supervisor McKenna and Supervisor McKenna thanks them.
WORKSHOP CONTENT:
6:40 PM Woodstock Wetlands and
Watercourse Protection Standards
+ How do we establish protection
boundaries for wetlands, watercourses and their buffer zones?
Mr. Cross states when we approve site plans with
wetlands and scenic overlay boundaries, buffers are put on the map. One hundred foot buffers and we are talking
about increasing them; but, they are not physical. There is no way for landowners to know if they
cross it. Developers going into and then
mitigation, it’s nice but it’s not physical.
People have a lawn and make a volleyball court and they don’t know where
the buffers are. Ms. Kerman and Mr.
Lipkind states this is why we ask the maps to be delineated. Mr. Cross states and we have to approve the
site plans. But, then a new owner comes
in and cuts down the trees, not knowing they are in an environmentally
sensitive area. We have a case in front
of us now like this. Yes, ideally, the
Building Department makes sure all the zoning codes, maps and site plans are
adhered to. They can’t be in everyone’s
house to see what they’re doing. Ms.
Kerman and I are working on the (CEA) Critically Environmental Areas training
and trying to develop more protections.
If it is through the state, there is no changes to the law, but if it is
through the town, we can.
My question is How do we adhere to the
buffers? Ms. Kerman replied whether or
not. Mr. Cross states this case in front
of us now, ten years from now, no one is going to know. Mr. Lipkind asks about jurisdictions and
states that process doesn’t exist right now within our laws. Mr. Cross talks about state plan geometry. Ms. Heather Gabriel (of Medenbach &
Eggers) states this is why you have a site plan and it has to be sited and
approved and on the final map. Mr. Cross
states exactly but then the owner sells and the new owner says I didn’t
know. We can suggest but, we are just
spinning wheels. Ms. Kerman states the
Ulster County Parcel Viewer is off, also.
Ms. Gabriel states rotate it to the grid. Mr. Cross states due diligence. Ms. Gabriel states that FAM Acres is a good
example. Ms. Kerman talks about
mapping. Mr. Cross states that the
wetlands don’t move. Mr. Lipkind states
making it stable in sorts for mapping.
Mr. Cross agrees. Ms. Arlene
Weissman (of WEC) asks if we an ask someone to put it on the deed. Mr. Cross states we can ask. Ms. Weissman continues to say wetlands don’t
move, streams do. Mr. Cross states we
can attach to the deed as a restriction, not crossing the wetland, but not
every project has wetlands delineated.
Twenty years from now, I don’t know any way to protect it. Conversation continues between Ms. Gabriel,
Ms. Weissman and Ms. Kerman about wetlands, wells and affecting the
aquifer. Mr. Conrad states he bought a
house and how did he know. Mr. Cross
states the fee for wetlands disturbance is $1,500 a day. Ms. Gabriel states that federal is $27,000 a
day. Ms. Kerman shows mapping on the
screen of prior cases and the wetlands.
Mr. Cross states that there is a difference between states and federal
wetlands. Twelve and half acres or more to
qualify to combine and our town doesn’t combine them. With the CEA training, we are looking at
this. Ms. Gabriel asks who regulates or
enforces. Mr. Cross states the building
department, but with wetlands it’s different situations. Ms. Melissa Meyer (of FAM Acres) and Ms.
Gabriel talk about buffers on that property.
Ms. Meyer asks the PB is there a way to change to make a person
responsible. Ms. Kerman asks about a
homeowner’s association. Ms. Meyer
states it’s something to consider but in order to protect for the future. Ms. Meyer and Ms. Weissman talk about deed
restrictions. Ms. Meyer states this is a
work in progress and they care about it.
Someone states with this moratorium we want to make sure we don’t over
develop the town and ensure that CEA can restrict building. Ms. Meyer and Ms. Kerman talk about CEA and
the legality and alerts that the town can give to property owners to be extra
careful. Ms. Kerman states even if we
don’t define CEA, areas of wildlife and habitats are of value. When you build a road, the ecology
changes. By joining buffers if they are
close together, it could help. We need
to have training. What kind of habitat
is most important to preserve? We need
to preserve the environment of the town.
Mr. Cross states there are lots of cases in front of us. Developers want to get the most out of the
land, making more lots. Ms. Kerman
states we were lucky Mr. Tsoumpas was willing to compromise with us and was
nature spirited. Ms. Jona Mensch (of FAM
Acres) asks the PB about nature enforcement methods. Ms. Gabriel states she can see how land
owners of over twenty years find out it’s a wetland, she understands. Mr. Lipkind states ok, this is a
democracy. Mr. Cross states that we
haven’t had a case where someone infringed upon someone’s wetland buffers. Ms. Mensch asks is there a consequence. Ms. Kerman states there are fines. Mr. Cross states that three hundred dollars
isn’t going to stop anyone. Ms. Meyer
asks about documentation. Conversation among the public regarding fines. Mr. Cross states the maps with Mr. Panza for
wellhead protection, we need to know where the line is. Ms. Weissman states increasing buffers will
help. Ms. Kerman states that the NRI
maps are approximate. Mr. Cross states
sometimes the wetlands limits and it become a non-starter. We’re not going to solve this but want you
all to know that the Planning Board wrestles with this. We go through all this and we walk onto a
site ten years later to see tennis courts, etc.
Ms. Weissman states we are working on CEA and we want to get it
right. This town has to exist, now and
for the future. Mr. Cross says we ask
for stakes and has discussion with PB.
It’s the same with the scenic overlay and now five owners later… Mr. Lipkind states that should be
legislative, logical steps to be taken.
Mr. Cross states the Zoning Revision group needs to look at this. Ms. Gray tells the Planning Board this is
what you do well. You meet with the
applicant and have these crucial things put onto the site plan. Mr. Lipkind states the Zoning Revision
Committee can judge and undo it & talks about revenue and injunctive
relief. It is frustrating for us because
we don’t have enforcement. Mr. Cross
states the towns talk and we need to protect the environment first, I don’t
care about short term rentals. Mr. Cross
states we can’t solve but we suffer with this.
Ms. Meyer and Ms. Mensch states it matters to us, too. Ms. Kerman states they are saying why is
there so many mosquitoes around (insinuating they are in wetlands). Mr. Lipkind states realtors sell
wetlands. The public audience asks about
subdivision and affordable housing. Mr.
Conrad states that’s a part of the moratorium.
Ms. Kerman states that the moratorium doesn’t affect subdivision, but
the comprehensive plan plays a role. Ms.
Meyer asks if she can speak to that. Mr.
Cross states that approved lots with wetlands are the issue. Ms. Meyer states we read the comprehensive
plan twice and we want to be super protective of the wetlands. We are considering donating as a gift for a
not for profit. Mr. Cross states we use
the comprehensive plan as a guide and we follow the code. We have power to say don’t develop certain
areas. Mr. Lipkind address Ms. Meyer
stating, donate hypothetically because this is a workshop meeting and we are not
discussing any cases. We remain
consistent with the comprehensive plan.
Ms. Meyer states hypothetically, we are considering an affordable
housing option in our plan, also. Mr.
Cross states the environment led us to CEA.
Ms. Meyer states there are competing issues of both the housing crisis
and environmental issues they are trying to do their part on both ends. Ms. Weissman states that CEA can define
housing. Ms. Jeff Collins states
theoretically. Mr. Cross states we have
other business to take care of. Thank
you everyone for your input.
Ms. Gabriel states that she want to address the
WEC’s letter and states that the wetlands were delineated on the FAM Acres
plans. Ms. Kerman and Ms. Gabriel go
back and forth about mapping and the database.
Mr. Cross states that engineers go by the code and we are trying to pass
CEA so we are trying to get more wiggle room.
Ms. Gabriel and Mr. Cross discuss the survey. Thank yous all around.
DISCUSSION & COMMENTS:
UNFINISHED BUSINESS:
+ Make a motion to adopt
draft resolution for Twisted Gypsy LLC SPR# 21-0204D
Make motion to approve draft resolution
Make
motion: Stuart Lipkind 2nd: Judith Kerman Aye: All
Mr. Cross asks if we have a quorum,
haha. (laughter from all)
+ Make a motion to adopt draft resolutions
for STR Cases under Executive Order:
Owner-Occupied: SUP# 21-0659
Drescher Cohen Living Trust
SUP# 21-0660 Margaret Dillon
A Motion was made by: Stuart Lipkind and Seconded by: James Conrad Aye:
All
+ Site Visits Update
Ms. Gray asks for an update on site visits since she missed the
last meeting. Day Road case bring back
for 2nd sketch plan review.
The future house plans are not in compliance with the town code scenic
overlay regulations and the glazing is not within the specifications
required. For the Learner-Barr case, Mr.
Cross is meeting with Mr. Barry Price on Saturday at the site. For Brookside Getaway, Mr. Conrad will give
it a look and then schedule a public hearing.
The Highwoods Sportsmens Club Site Visit is scheduled for Saturday,
August 7 at 9 am. WEC will be joining
and anyone that can attend is welcome to do so.
Ms. Gray tells the PB that she put in for each of them to get
continuing education credits for all the work they completed on CEA research
this year.
ADJOURNMENT
Time: 7:55 P.M.
Make motion to end meeting:
Peter Cross 2nd: Stuart Lipkind Aye: All
Approved Resolutions:
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
MODIFICATION OF SITE PLAN REVIEW
APPROVAL WITH CONDITIONS
TWISTED GYPSY LLC
SPR #21-0204D
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
June 17, 2021 there were:
Present: Peter Cross, John LaValle, Judith Kerman,
Conor Wenk and James Conrad
Absent: Stuart Lipkind and Brian Normoyle
A Motion was made by: Peter Cross and
Seconded by: Judith Kerman
The Vote was:
Peter Cross Aye Stuart Lipkind Absent John LaValle Aye
Judith Kerman Aye
Conor Wenk Aye
Brian Normoyle Absent
James Conrad Aye
WHEREAS, the Planning Board of the Town of Woodstock, located in Ulster County,
New York, has considered a Site Plan Review (SPR) application received from
Twisted Gypsy LLC (the Applicant) for a site plan modification to replace the
existing broken concrete pad and storage shed, add walk-in cooler to said pad
and add awning to east side with the take0out window and door (the proposed
action); and
WHEREAS, the proposed use is located in the LI Zoning District at Dixon Roadside,
261 Tinker Street in Woodstock, and is designated on the Tax Map of the Town of
Woodstock as Section 26.60, Block 4, Lot 25.100; and
WHEREAS, this proposed use requires Planning Board review and approval under Town
of Woodstock Local Law #1 of 2020, Zoning,
Section 260-74, Site Plan Review and
Approval, 260 Attachment 1; Article VII, Site Plan Review and Approval,
Sections A, B & C; and
WHEREAS, the following plans and materials were reviewed by the
Planning Board:
1) Site Plan Review
application including Short EAF, received 4/19/21;
2) Referral from
Town of Woodstock Zoning Enforcement Officer (ZEO) dated and received
4/20/21;
3) Site Plan depicting changes to be made and
dimensions, p repared by applicant, received 4/19/21; and
WHEREAS, the Planning Board determined that the proposed Type II
Action will not require environmental review under SEQRA 6 NYCRR Part 617.5,
with reference to TWEQR, and in accordance with the Planning Board’s adopted
list of Type II Actions not requiring further environmental review; and
WHEREAS, pursuant to General Municipal Law Sections 239(l)(m)(n)
and the referral exemption criteria as agreed to in the Memorandum of Agreement
signed January 2009 (updated December 2018) with the Town of Woodstock Planning
Board, referral to the Ulster County Planning Board (UCPB) was deemed not
necessary; and
WHEREAS, in accordance with Woodstock Town Code
Chapter 65, Environmental Quality Review (TWEQR),
copies of the application and Short EAF were offered to the Woodstock
Environmental Commission (WEC) for its review; no WEC concerns were received
with respect to the proposed action; and
WHEREAS,
pursuant
to the Town of Woodstock Zoning Law Schedule of Use Regulations, 260
Attachment 1, and Area and Bulk Regulations, 260 Attachment 2, Zoning
Board of Appeals (ZBA) variance(s) are not required for the proposed action;
and
WHEREAS, a sketch plan review of the application was held on May
20, 2021, at which time the Planning Board (PB) deemed that
the application was complete and a Public Hearing was
waived by the Planning Board due to this site plan modification being minor in
scope under Town Code Zoning, Site Plan
Review and Approval Section C Sketch
Plan Conference Procedure, §260-75; 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; Be it Further
RESOLVED, That the Planning Board hereby grants
approval to the Twisted Gypsy LLC Site Plan Review application to modify
the existing site plan SPR #21-0204D subject to the conditions below:
1. Three (3) copies of the
approved final plan shall be submitted for Planning Board endorsement, received 4/19/2021;
2. The signed owners’
compliance statement to be completed; included and to be signed and returned
to Planning Board office to be included in your final plans;
3. Final Development Fee
in the amount of $100 shall be paid in accordance with Section 1.31 of the Town
of Woodstock Development Fee Schedule;
4. 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;
5. This Site Plan shall be valid
indefinitely subject to the provisions of the Town of Woodstock Zoning Law with
regard to Schedule of Use Regulations;
RESOLVED, That any alteration or deviation from the signed, final plans shall
require the prior review and approval by the Planning Board; Be it Further
RESOLVED, That any proposed amendments to the approved site plan shall comply with
the requirements of Section VII of the Zoning Law; and 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
DRESCHER COHEN LIVING TRUST
c/o Andrew Cohen
SPECIAL USE PERMIT #21-0659
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
July 29, 2021, there were:
Present: Peter Cross, Stuart Lipkind, Judith Kerman
and James Conrad
Absent: John LaValle,
Conor Wenk and Brian Normoyle
A Motion was made by: Stuart
Lipkind and Seconded
by: James Conrad
The Vote was:
Peter
Cross Aye Stuart
Lipkind Aye John LaValle Absent
Judith
Kerman Aye
Conor
Wenk Absent
Brian
Normoyle Absent
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 Drescher Cohen Living Trust
(the Applicants) to establish a 4-bedroom dwelling,
owner occupied, Short Term Rental dwelling (the proposed action); and
WHEREAS, the proposed use is
located in the R3 Zoning District at 20 Bluestone Road in Woodstock, and is
designated on the Tax Map of the Town of Woodstock as Section 27.18, Block 1,
Lot 5 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 6/29/21;
2) Referral
from Town of Woodstock Zoning Enforcement Officer (ZEO), dated 11/23/2020
and received 6/29/21;
3) Site Plan that includes
parking plan, garbage removal plan and safety egress plans, prepared by
applicant and received 6/29/21; 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 August 6, 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
Drescher Cohen Living Trust Special Use Permit (SUP) #21-0659 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
MARGARET DILLON
SPECIAL USE PERMIT
#21-0660
At a regularly scheduled meeting of the Town of Woodstock Planning Board on
July 29, 2021, there were:
Present: Peter Cross, Stuart
Lipkind, Judith Kerman and James Conrad
Absent: John LaValle, Conor Wenk
and Brian Normoyle
A Motion was made by: Stuart
Lipkind and Seconded
by: James Conrad
The Vote was:
Peter Cross Aye Stuart Lipkind Aye John LaValle Absent
Judith
Kerman Aye
Conor
Wenk Absent
Brian
Normoyle Absent
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 Margaret Dillon (the
Applicant) to establish a 4-bedroom dwelling, owner occupied, Short Term Rental
dwelling (the proposed action); and
WHEREAS, the proposed use is
located in the R3 Zoning District at 328 Wittenberg Road in Bearsville, and is
designated on the Tax Map of the Town of Woodstock as Section 26.3, Block 2,
Lot 43 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 6/29/21;
2) Referral
from Town of Woodstock Zoning Enforcement Officer (ZEO), dated 11/23/2020
and received 6/29/21;
3) Site Plan that includes safety
/ egress plan, layout of property / site plan, parking plan and garbage removal
plan, prepared by applicant and received 6/29/21; 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 August 6, 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
Margaret Dillon Special Use Permit (SUP) #21-0660 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.
