MEETING MINUTES
SEPTEMBER 16, 2021
REGULAR ZOOM MEETING
6:30 PM Start
Time: 6:30 pm
CALL TO ORDER, determination of quorum
Members Present: Peter
Cross
John
LaValle
Judith
Kerman
Conor
Wenk, entered Zoom meeting at 6:45 pm
Brian
Normoyle
James
Conrad
Members Absent: Stuart
Lipkind
Additional Present: Deborah
Dewan, Housing Committee
Urana
Kinlen, Housing Committee
Erika
Blumberg, Housing Committee
Agenda Invitees: Jordan
Barr
Barry
Price
John
Gerd Heidecker
Laurie
Raskin
Bill
Stade
Helen
& William DeVoe
Cory
and Brianna Schmidt
Brad Will
Bill
Eggers
Heather
Gabriel
Cyndy
Borzumato
Paul
Freeman
Steve
Ostromogilsky
Public Invited: Paul
Frean
Jess
Walker
David
M. Hudanish
Edwin
& Sharon Marshall
Eliza
Kunkel
Matt
Gallira
Updates to AGENDA:
Mr. Cross asked Ms. Gray if there were any
updates and she replied no.
MINUTES: July
29, August 19 & September 2
Make motion to approve minutes: Peter Cross 2nd: Judith Kerman & Brian Normoyle Aye: All
COMMUNICATIONS & ANNOUNCEMENTS:
+ Letter from A. Campanelli &
Associates rec’d Sept 13
Mr. Cross acknowledged and conversation between
Mr. Cross, Ms. Kerman and Ms. Gray regarding the Town Board hiring him and it
being a generic letter.
+ Narrative from B. Will re: Arnstein WWP# 21-044 rec’d Sept 16
Mr. Cross states that Mr. Will is here and will
present this later on.
NEW BUSINESS:
SCHEDULED BUSINESS:
PUBLIC
HEARINGS:
6:35 P.M.
SUSAN
LEARNER-BARR PB# 21-1228 & SUP# 21-0656: Public Hearing for Lot Line Revision
and Special Use Permit applications to transfer 1 acre from SBL# 15.4-4-36, 83
Mount Guardian Road (originally 4 acres) to SBL#15.4-4-34, MacDaniel Road
(originally 8.1 acres) establishing (2) lots of 5 and 7.1 acres and to
construct a dwelling on SBL# 15.4-4-34 in the R5 Zoning District located at
MacDaniel Road and 83 Mount Guardian Road in Bearsville Reps: John Gerd Heidecker and Barry Price
Present: John Heidecker and Barry Price
Motion to open Public Hearing: Peter Cross
2nd: Brian Normoyle Aye: All
Mr. Cross read the case summary above. Ms. Kerman and Mr. LaValle question the land
movement that is happening. Mr. Price
states he will let Mr. Heidecker explain the lot line revision. Mr. Price states that Mr. Cross summarized it
well and for the opportunity to build this dwelling with the lot line revision,
we are minimally disturbing the site.
Mr. Heidecker states that the access is from the larger / center of the
current right of way. Ms. Gray read the
acreage of each parcel after the lot line revision. Mr. Heidecker agreed. By doing this lot line revision, we are
limiting the disturbance. Ms. Kerman
shows the location of the private road on the screen. Mr. Price states that it hugs the driveway to
the right of the pool. Mr. Cross states
that he did the site visit with Mr. Price and it is quite reasonable. It is up
the road and the structure gets access from the road with the least amount of
disturbance. Basically, this site has a
natural buffer line of trees.
Comments from Public:
Mr. Cross asks the public and Ms. Gray if there is any
comments. Ms. Gray states no, no comment
from public.
Mr. Cross states this is a logical project. Ms. Kerman asks about the setbacks with the
pool. Mr. Price states it is all within
the legal setbacks and within the code.
They planned it this way to avoid having to get variances. It is a private residence for a family. The mother will be on the new lot. Mr. Cross asks if there are any other
questions. No comment from the Board.
Motion to Close Public Hearing: Peter Cross
2nd:
Brian Normoyle Aye:
All
Make motion to approve application pending draft resolution
Make
motion: Peter Cross 2nd: Brian Normoyle Aye: All
6:45 P.M.
HIGHWOODS SPORTSMENS CLUB
SUP# 21-0174A: Public Hearing for
a Special Use Permit application for a timber harvest in the R3 zoning district
located at 870 Church Road in Woodstock SBL# 28.3-1-17 Rep:
Laurie Raskin, DHW Forest Consulting
Present: Laurie Raskin
Motion to open Public Hearing: Peter Cross
2nd: Brian Normoyle Aye: All
Mr. Cross read the case summary above. He thanks Ms. Raskin for a educational tour
on selective harvesting and asks her to tell the Board what the project
is. Ms. Raskin states she is the
Highwoods Sportsmens Club forester and this is a DEC approved stewardship plan
for forest management, etc. The site
hasn’t been managed in fifty years and the goal is to manage the forest for
yield and health of the trees, thin the woods out. The high quality trees will be
harvested. I had marked the timber to
reflect that. Mr. Cross states we has a
good group for the site visit. For
anyone who didn’t attend the site visit, it’s a fairly flat area and there are
no issues with run off through the logging operation. Does the Planning Board have any questions he
asks.
No comment from the Planning Board.
Ms. Gray states there were no public comments to her.
Mr. Cross states logging operation best practices is through
DEC and will be followed. The landing
area will be cleaned up because it is right in their front yard. He tells Ms. Raskin that we asked Ms. Gray to
request a small fee for a deposit to just ensure the work is properly done and
it will be returned after all is done and a site visit to confirm.
Ms. Raskin thanks everyone, the PB and Ms. Gray thank
her. Ms. Gray tells her she will be in
touch.
Mr. Cross tells her good job.
Motion to Close Public Hearing: Peter Cross
2nd:
Brian Normoyle Aye:
All
Make motion to approve application pending draft resolution
Make
motion: Peter Cross 2nd: Brian Normoyle Aye: All
PRE-SKETCH
PLAN REVEIWS:
6:55
P.M.
WILLIAM C. & HELEN DEVOE
PB# TBD: PRE-Sketch Plan Review of a
possible subdivision of 2.13
acres
into (2) new lots of 1.29 and 0.84 acres SBL# 27.55-1-13.110 in the HR and R1.5
Zoning Districts
located
at 7 Elwyn Lane in Woodstock Rep: Bill Stade, Praetorius & Conrad,
P.C.
Present: William Stade, Helen DeVoe and Cory &
Brianna Schmidt
Notes: Mr. Cross reads case summary and reminds
Planning Board that this is a pre sketch plan review. He
asks
Mr. Stade to explain what he is proposing.
Mr. Stade states that he represents the DeVoes in this hopeful
minor
subdivision. The parcel is Hamlet in the
front and Zoning District R1.5 in the back.
The parcels were
combined
for tax purposes in 2015. The plan is to
use the back half to build a two story swelling for their
daughter. Ms. Kerman and Mr. Stade discuss location of
the parcel. Mr. Cross clarifies that for
this
subdivision,
it will be one new lot and one already established lot. There are no access road issues because
the
road is right there. Mr. Stade states
that there is already water there. Mr.
Cross recommends contacting
Mr.
Larry Allen (Water and Sewer Department) to make sure this will be
sufficient. Mr. Stade states that he
has
spoke to Mr. Allen and he didn’t foresee any issues. Ms. Gray states the proposed acreage of the
two lots
after
the subdivision. Mr. Stade states she is
correct. There is conversation between
the Planning Board and
Mr.
Stade about being on town water and the size of the proposed lots. Mr. Cross asks Mr. LaValle if this is
suitable
for a subdivision. Mr. LaValle states
yes, indeed. Mr. Cross states he
remembers one in the Hamlet
with
a similar situation. Mr. Cross states
we’ll get some site representatives to take a look and we can get you
back. This seems doable. He asks the Planning Board if they have any
questions. Ms. Kerman asks if they
plan
to use the original access to the original house. Mr. Stade states yes, the driveway and
easement is
correct. Ms. Helen DeVoe states that the Christofora’s
own the right of way. Ms. Kerman thanks
her for the
clarification. This looks straight forward to me. Mr. Cross asks the Planning Board for site
rep volunteers. He
tells
Mr. Stade to come back with a full survey done.
Mr. Stade states that they wanted to make sure they
were
in agreeance with the zoning and within having sewer and water for the small
lot in the zone. Mr. Cross
asked
the Planning Board again for volunteers.
Mr. Normoyle agrees to be a site rep.
Ms. Gray asks Mr. Stade
to
have Mr. Allen email her his approval of their plan.
SKETCH
PLAN REVIEWs
7:05 P.M.
MICHAEL
ARNSTEIN WWP# 21-044: Sketch Plan Review
of a Wetlands and Watercourse Permit
application
for development within the watercourse buffer area SBL# 27.54-4-13 in the HR
Zoning
District
located at 3 Calamar Lane in Woodstock
Rep: Brad Will, Ashokan
Architecture
Present: Brad Will
Notes: Mr. Cross reads the case summary above and
tells the Planning Board that this was the scene of a bad
fire. Mr. Will and the Planning Board discuss the
past history of the sites. Mr. Will and
Ms. Kerman converse
on
what documents to screen share. Mr. Will
reads a narrative he has prepared.
(FOILABLE upon request by
the
Planning Board office) He asks the
Planning Board if they all received the pictures he sent to Ms. Gray
that
show the site and the damage. Our plans
are all consistent with the local and state codes. This project
will
be done in phases. Ms. Kerman asks about
a building on the plan and Mr. Will states there will be open
space. We are here in front of the Planning Board
for the wetlands and watercourse permit application. He
just
wants to give background information and to show that this will fit well within
the site. The plan is to
provide
open area and provide beautiful enjoyment for the area. Ms. Kerman asks about the phases and
what
buildings are in what phases. Mr. Will
states the phases are listed on the top corner of the plat. Ms.
Kerman
asks cabin, tent platform, and bridges.
Mr. Will states yes. Mr. Normoyle
states he has a couple
questions. Is this going to be residential property is
the first question. Mr. Will replies
yes, Mr. Arnstein’s
family
will live there and it will be residential, possible a rental. Mr. Normoyle asked if it is staked out for a
site
visit. Mr. Will states yes, for the first
phase. They will be using one residence
and there will be discussion of
possible
rental. Ms. Gray asks the question for
the Housing Committee that they typed into the chat
regarding
the rental being short term or long term.
Mr. Will states they will abide by the moratorium and
whatever
town laws are. Mr. Cross asks how much
is in the floodway. Mr. Will states they
have the FEMA
Flood
Map. Mr. Cross replied they will need a
certified Flood Certificate. Mr. LaValle
states he remembers in
March
of 1980 the significance of the flood and he is not sure the floodway is
enough. Mr. Will states he lived
in
Bearsville then and he remembers. Mr.
Cross states there are two things: we
try to discourage building in
the
floodway. Mr. Will replies it is not in
the floodway, that was his point. Mr.
Cross states Ok, great. Mr. Will
asks
Ms. Kerman to show a particular map on the screen. Mr. Cross states the point being has to be
determined
by the Flood Certification to clear as proposed by the floodway itself. Ms. Kerman and Mr. Will
discuss
locations and steepness on the map on the screen. Mr. Cross asks Mr. Will if he knows the
buffer for
the
creek. Mr. Will points out on the map
and states a lot of the whole hamlet is built in the floodway. Mr.
Cross
states he thinks it is thirty feet buffer for the creek, but check with the
building department. Mr. Will
states
it’s not, on the lower right side its not thirty feet but it is substantially
set back and raised up with a
slab. We designed this in the event of the hundred
year floods. Mr. Cross asks the Planning
Board if they have
any questions.
Mr. Conrad asks if this is a single owner. Mr. Will states yes, one owner who owns all
three
properties
and had demo permits for all. Mr. Conrad
asks if this is private property. Mr.
Will states, yes, all of
it. He shows pictures of the property and tell
the Planning Board that Mr. Arnstein, the applicant, likes
footbridges
and the interest for those on this property.
Mr. Cross asks if there are any lot lines changing. Mr.
Will
states they decided to leave it as is. This
is future phased structures. American craftsmen style homes
with
unique design. This site will be built
over the next two, three or four years in time.
Mr. LaValle asks if
those
location are on the map. Mr. Will states
yes, they are there. Mr. Cross states
that this application is in
front
of the Planning Board only for the wetlands and watercourse permit
application. We have to go
through
the process for that. Mr. Will states
that he wanted to show the intentions for the project. Ms.
Kerman
states that being a member of the Housing Taskforce, this project looks
wonderful. Mr. Cross states
that Ms. Gray will schedule for the Planning
Board to go through the steps of the wetlands and watercourse
permit
application in an upcoming meeting. Mr.
Cross states this is not in the flood plain, that’s good. We
need
to check the setback from the stream from the ZEO. Mr. Cross states this is a great project and
it looks
better
than what it was. Everyone thanks each
other.
7:15
P. M.
NIGOL KOULAJIAN PB# 20-1224: Sketch Plan Review for a Subdivision application of a
± 68.53 acre lot into (2) parcels of ± 6 acres and ± 62.5 acres, in the
R5 Zoning District located at 404
Raycliffe Drive in Woodstock, SBL# 16.-5-51.1 Rep: William Eggers, Medenbach & Eggers PC
Present:
Heather Gabriel, Medenbach & Eggers PC
Notes: Mr.
Cross read the case summary and reminds the Planning Board that we looked at
this case a few months ago as a lot line revision but because they lot lines
were deleted and it is one parcel it needs a subdivision. So, they are back with the subdivision in
front of us. Ms. Gabriel states they got
the septic approval. Mr. Cross asks if
the lines are going to be the same as they were prior to merging the two
parcels. Ms. Gabriel responds yes, the
lots are the same as the last map but the location of the septic areas are
different. Ms. Kerman shows the plan on
the screen. Ms. Gabriel thanks Ms.
Kerman and tells her her screen share abilities are impressive. Mr. Cross asks the Planning Board if they
have any questions. For clarification,
the lower left side corner lot will be the six acre lot. Ms. Gabriel states yes. Ms. Gabriel states the trail will be used for
the larger parcel and there are no plans to build on the larger lot and this is
to just cut off the six acres to sell.
Mr. Cross asks if the larger lot has septic approval. Ms. Gabriel states yes, the new lot in the
old design. The lot originally was very
strange. Ms. Gabriel and Mr. Cross view
the plan and he states that he sees the big lot includes that both lots have
septic approval. He asks the Planning
Board if they have any questions. Mr.
LaValle and Mr. Normoyle both state no.
Mr. Cross states that he knows the site and if anyone would like to take
a look, it is quite a view. Mr. Normoyle
states we trust your good judgement. Mr.
Cross states if there aren’t any questions, Ms. Gray can schedule a public
hearing. Ms. Gray tells Ms. Gabriel she
will contact her and schedule the public hearing next week. Thank yous all around.
7:30 P.M.
STEVEN IGOR OSTROMOGILSKY
& ROBERT A. KELMAN SUP3 21-0372A: 2nd
Sketch Plan Review of a Special Use Permit application for construction to
remedy a violation in the R5 and Scenic Overlay zoning districts located at
located at 369 Hutchin Hill Road in Shady SBL# 15.-3-7.121
Present: Steven Ostromogilsky
Notes: Mr. Cross reads the case summary and
reminds the Planning Board of this case.
The applicant was
issued
a violation and we discovered it was a really old quarry full of rubble and the
applicant made it livable
and
we don’t want to undo any of the work that was done. We asked him to remedy the situation by
getting
a
survey done and locate what they did to the site. Now, they have done that and we have an
updated site
plan
in front of us with these details. He
asks if the applicant is here. Ms. Gray
tells Mr. Ostromogilsky hello.
Mr. Ostromogilsky states as directed, he
contacted Mr. Vitere (the surveyor that passed away and his son now
completed
these plans for him) and his son knew the site.
He continue that he took the notes from the
meeting
and marked the site of what we did on the survey map. We did what you asked us to do. Mr. Cross
states
to Mr. Ostromogilsky, lessons to be learned, any changes please apply for a
site visit review. Mr.
Ostromogilsky
apologizes and states they didn’t know.
Mr. Cross states Ms. Gray can schedule a public
hearing. Everyone thanks everyone.
DISCUSSION & COMMENTS:
+ Meeting
Start Time
6:30 or 7:00 pm
Ms. Gray asks the Board for their preferred time of meeting
start times now that we are back to Zoom.
The Board majority is 6:30 pm.
UNFINISHED BUSINESS:
+ Approve resolutions for Learner-Barr PB# 21-1228 & SUP# 21-0656 and Highwoods
Sportsmens Club
SUP# 21-0174A
Make motion to approve draft resolutions
Make
motion: Peter Cross 2nd: Brian Normoyle Aye:
All
+ Site Visit Update for Rowley SUP# 21-0461A
Notes: Mr. Cross states Mr.
Conrad had went on a site visit and wrote us a report that he emailed to us
all. Mr. Conrad states this is pretty
much what the applicant explained. It is
totally set back and there is already a large solar panel that stands in the
field. If you turn 360 degrees in the
field, all you see is trees. This should
be compliant and looks good to me.
Make motion to schedule public hearing
Make Motion: Peter Cross 2nd: James Conrad Aye: All
Mr. Cross asks if the Board has any other issues before we
adjourn. None are states.
Mr. Cross say s welcome back to Zoom everyone.
ADJOURNMENT
Time: 7:41 pm
Make motion to end meeting:
Peter Cross 2nd:
Brian Normoyle Aye: All
Approved Resolutions:
RESOLUTION
TOWN OF WOODSTOCK PLANNING BOARD
MINOR SUBDIVISION/LOT LINE REVISION &
SPECIAL USE PERMIT APPROVAL WITH CONDITIONS
SUSAN LEARNER-BARR
PLANNING BOARD CASE PB# 21-1228 & SUP# 21-0656
At a regularly scheduled meeting of the Town of Woodstock Planning
Board on September 16, 2021, there were:
Present: Peter Cross, John LaValle, Judith Kerman,
Conor Wenk, Brian Normoyle and James
Conrad
Absent: Stuart Lipkind
A Motion was made by: Peter
Cross and Seconded
by: Brian Normoyle
The Vote was: Peter Cross Aye
Stuart
Lipkind Absent
John
LaValle Aye
Judith
Kerman Aye
Conor
Wenk Aye
Brian
Normoyle Aye
James
Conrad Aye
WHEREAS, the Planning Board of the Town of Woodstock, located in Ulster
County, New York, is
considering Minor
Subdivision and Special Use Permit applications from Susan Learner-Barr (the
Applicant),
specifically a Lot Line Revision with the construction of a dwelling: 2-bedroom
cottage within
the scenic overlay and R5 Zoning Districts (the proposed actions), for approval
under Chapter 202
of the Town of Woodstock Town Code, Article II of Subdivision Regulations,
Chapter 260-66 of
the Town of Woodstock Town Code, Standards within the Scenic Overlay
District and 260
Attachment 1 of Town of Woodstock Schedule of Use Regulations for Special
Use Permit (SUP)
requirements; and
WHEREAS, said parcels owned by the Applicant, are designated on the Tax
Map of the Town of Woodstock as Section 15.4, Block 4, Lot 34 and Section 15.4,
Block 4, Lot 36; and
WHEREAS, the proposed action will transfer 1 acre from the 83 Mount
Guardian Road (currently 8.1 acres) parcel to the MacDaniel Road (currently 4
acres) parcel. New lots will be 7.1
acres and 5 acres, located in the R5 and Scenic Overlay Zoning Districts; and
WHEREAS, the following maps, site plans and materials were reviewed by
the Planning Board:
Lot
Line Revision application:
1) Application for Minor
Subdivision/Lot Line Revision
received May 11, 2021 including the
Short Environmental Assessment Form (EAF);
2) Sketch proposal map with proposed
boundary line adjustments Map of Lot Line Adjustment Survey Prepared for
Susan Learner-Barr dated May 1, 2021; prepared by John Gerd Heidecker, NYS
Land Surveyor, received May 11, 2021;
3) Curb
Cut / Driveway Permit Application received August 16, 2021; and
Special Use Permit application:
1)
Special Use Permit application received
June 21, 2021, including the Short
Environmental Assessment Form (EAF) dated June 8, 2021 and Referral from Zoning Enforcement Officer
(ZEO), dated and received 3/22/21;
2)
Site Plans including Site Plan, Foundation & Roof, Floor
Plans, Sections, Elevations, Window and Door Schedule and Electrical Plan, prepared by Barry Price Architecture dated and
received June 21, 2021;
3)
Aerial drone photographs received
August 2, 2021 with areas of disturbance labelled; and
WHEREAS, in accordance with SEQR 6 NYCRR Part 617.6(a)(iv) and TWEQR, by
reference to the SEQR regulations, the proposed action of the lot line revision
is considered an Unlisted Action for which SEQR review & a determination of
significance are necessary and the proposed action of the construction of the
cottage is considered a Type II Action for which SEQR review & a
determination of significance are not necessary; and
WHEREAS, in accordance with the Town of
Woodstock Town Code, Chapter 65, Town of
Woodstock Environmental Quality Review, the Short Environmental Assessment
Form (EAF) for proposed action was offered to the Woodstock Environmental
Commission (WEC) for its review and comments. WEC did not have any
environmental concerns with respect to the proposed action; and
WHEREAS, in accordance with General Municipal Law Section 239(l) and (m),
and pursuant to the January 2009 Memorandum of Agreement (updated December
2018) between the Woodstock Planning Board and the Ulster County Planning
Board (UCPB), UCPB review and advisory recommendations are unnecessary as
the proposed action does not exceed the thresholds requiring referral; and
WHEREAS,
in accordance with Town Code, Chapter
260, Zoning Law, §260-16, Area and Bulk Regulations, 260
Attachment 2, Schedule of Area and Bulk
Regulations, the new lots will be
in compliance with the zoning regulations and no variances will be required
from the Zoning Board of Appeals; and
WHEREAS, in accordance with Town Code, Chapter 202, Subdivision of Land, Article VII, General Requirements and Subdivision Design Standards, §202-29A(4), Design Standards for Lots, Access from Suitably Improved Roads, and
§202-29A(5), Access from Private Roads,
access is required to be improved to the standards set forth in §§202-30 (Driveway Standards) and 202-31 (Shared Driveways); and
WHEREAS, in accordance with Town Code,
Chapter 202, Subdivisions, Article
VI, Required Improvements and Performance
Guarantees for Subdivision, §§202-24, Maintenance
Agreements for Roads and Shared Driveways, and 202-25, Maintenance Bonds, a Road Maintenance Agreement (RMA) or other
suitable agreement is required where use of private roads or shared driveways
is proposed; A Curb Cut and Driveway Permit was submitted to Building
Department received by the Planning Board office on August 16, 2021; and
WHEREAS,
in
accordance with Town Code, Chapter 202, Subdivisions, Article
VII, Design Standards, §202-29B, Parks and Open Space, the Planning Board
is required to consider acquiring a portion of the land to be subdivided for
park, playground and recreation facility use, or collection of a fee in-lieu-of
land; and this is not applicable for this lot line revision; and
WHEREAS, in accordance with Town Code, Chapter 202, Subdivisions, Article VII, Design
Standards, §202-29E, Private Water
Supply and Sewage Disposal Facilities, proof of adequate water supply and
waste disposal for each prospective lot is required; and
WHEREAS, pursuant to Woodstock Town Code
Section 260-77A (7) & (8) and Section 260-66A, the Planning Board can
request further documentation in preserving the scenic overlay and protecting
the integrity of the landscape.
WHEREAS, the Planning Board held a sketch plat review of the applications
on July 1, 2021 and requested a site visit which occurred on July 31,
2021. Drone photos of the area and
disturbance area were received August 2, 2021 and at the August 19 Planning
Board meeting the PB determined the application was substantially complete and
requested to schedule a Public Hearing; and
WHEREAS, after proper notification, the
Planning Board opened a Public Hearing on September 16, 2021, in order to
gather comments and concerns from the public and interested and involved
agencies;
WHEREAS, on the same date, comments received from the public
were considered, and the Planning Board closed the Public Hearing prior
to discussing the case and additional information received; and
WHEREAS, the Planning
Board has reviewed the application and relevant materials and documentation
submitted, and has also taken into account its knowledge of the site and the
surrounding neighborhood; approved this resolution at the meeting of September
16, 2021; and
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 due to the nature of
the proposed action and the measures taken to minimize effects on the
environment, the proposed action will not have a significant effect on the
environment; therefore, a Negative Declaration under SEQR is hereby approved
and an environmental impact statement will not be prepared; Be it Further
RESOLVED, That the
Planning Board has determined, in accordance with Town Code, Chapter 202,
Article VI, Subdivision Design Standards,
§202-29B, Parks and Open Space,
that since no additional building lots are being created by the lot line
revision, there will not be an increase in the demand for parks, playground and
recreation facilities within the Town, and a set-aside of land or fee
in-lieu-of land is hereby not applicable; and proof of adequate water supply
and waste disposal will be received; Be it Further
NOW, THEREFORE, BE IT RESOLVED,
That with regard to the Susan
Learner-Barr SUP #21-0656, the Planning Board makes the following
determinations for this addition in the Scenic Overlay District:
1.
No Zoning Board of Appeals variances
were necessary for proposed action to comply with the Area & Bulk
Regulations of Town of Woodstock Zoning Law.
2.
The proposal is a Type II Action under
SEQRA Part 617.5(c)(9) as it involves “construction…of a single family
residence on an approved lot including provisions for necessary utility
connections…and installation of…drinking water well and septic system”;
3.
Section 260-66(A) of Woodstock Zoning
Law has been reviewed and the following findings are made:
a.) Extensive cut and fill activities are not planned. Minimal or
no tree removal is planned and the proposed structure will not be visually
conspicuous; therefore, a vegetation restoration plan is not needed.
b.)
The Scenic Overlay section of the Zoning Law requires that chosen building
materials, colors and textures blend well with the natural environment.
c.) The project must respect natural drainage ways, contours and
landforms and the Planning Board finds that proposed action meets these
objectives. The area of disturbance is minimal and is not expected to exceed
thresholds requiring an additional stormwater prevention plan.
d.) The law prohibits development along and/or projecting above
ridgelines or in a visually prominent area. The proposal is in the existing
footprint with smaller than a 300 sq. ft. addition and was deemed by the
Planning Board that the area of disturbance is not located on an escarpment or
ridge, and structure is not located in a visually prominent area. Due to
existing vegetative buffers, the location of the proposed action and its
topography, the use of materials, colors and textures that blend well with the
environment, and that proposed exterior lighting will be shielded and
“dark-skies” compliant and cast downward, the Planning Board finds that the
modifications to the site
will be visually inconspicuous.
e.) The project must maintain natural buffers or other vegetative
screening between land uses, developed areas and public roadways. Due to the
minimal scope of the proposal, the
existing natural buffers and vegetative screening will be maintained.
f.) The law requires that outdoor lighting fixtures in the Scenic
Overlay District be shielded. A “dark-skies” compliant, shielded light fixture
sample will be required. Lighting will be required to be down-cast to avoid
spread onto neighboring properties.
g.) The applicant is required to minimize tree-cutting
activities. Proposed construction confirms tree-cutting will be
minimized.
4.
Location, size and intensity of the
proposed action are in keeping with existing residential uses/clearings in the
area. Adequate natural buffers are being maintained between land uses. The character
and appearance of the proposed action is in general harmony with other approved
actions in this vicinity and the Scenic Overlay District; Be it Further
RESOLVED, That the Planning Board hereby grants approval of PB#
21-1228 and SUP# 21-0656,
the Learner-Barr
Lot Line Revision and Special Use Permit, in accordance with Town of
Woodstock Town
Code, Chapter 202, Subdivisions of Land,
and Chapter 260, Zoning Law and
Chapter 260-66 of
the Town of Woodstock Town Code, Standards within the Scenic Overlay
District and 260
Attachment 1 of Town Of Woodstock Schedule of Use Regulations for Special
Use Permit (SUP) requirements subject
to the following conditions:
Lot Line Revision:
1.
Six (6) copies of the final plat and
one (1) mylar, each containing the Surveyor’s
stamp and signature, all property owners’ signatures and all
mapping details,
shall be submitted for
endorsement by the Planning Board Chairperson;
2.
Ulster County Board of Health
Department approval of septic / waste water plans;
3.
The Final Development Fee in the
amount of $200 shall be paid in accordance with Section 2.21 of the Town of
Woodstock Development Fee Schedule; Be it Further
RESOLVED, That the above-mentioned conditions shall be met prior to endorsement of the final plat(s) by Planning Board Chairperson;
Be it Further
Special Use Permit:
1. Four (4) complete copies of site plan and
building elevations including the Town of
Woodstock Bulk Regulations, with
compliance statement signed by the applicants
included on
plans, shall be submitted for endorsement by the Planning Board.
2. The Final Development Fee of $400, in
accordance with Section 1.61 of the Town of
Woodstock Development Fee Schedule,
shall be paid prior to Planning Board
endorsement of final plans; Be it
Further
RESOLVED,
That Special Use Permit (SUP) #21-0656 shall be issued under the following conditions:
1. The
applicant shall adhere to the final signed and filed Site Plan and exterior
elevations. Any and all future modifications shall conform to and comply with
all applicable sections of the Town of Woodstock Zoning Law.
2. Exterior lighting, materials and colors shall be as specified
herein, or applicant shall request Planning Board approval of any
modifications; Be it Further
RESOLVED, That the
Planning Board waives any improvements mentioned in the Subdivision
regulations, but not specifically mentioned herein, due to the scope of the
project, the topography of the land and the fact that they are not requisite to
protect the health, safety and welfare of the citizens of Woodstock; Be it
Further
RESOLVED, That conditional approval of the plat shall
expire one hundred eighty (180) days after the date of this Resolution if
the requirements have not been certified as completed within that time and the
plat is not signed by Planning Board Chairperson; Be it Further
RESOLVED, That the
Planning Board may extend the time in which the conditionally approved plat
must be submitted for signature if, in its opinion, such extension is warranted
by the particular circumstances thereof, not to exceed two (2) additional
periods of ninety (90) days each; Be it Further
RESOLVED, That any alteration or deviation from the final signed plans shall require the prior
review and approval by the Planning Board, and shall comply with the
requirements of Section 260-66 of the Zoning Law; Be it Further
RESOLVED, That this
approval shall expire if the signed final plat is not filed or recorded
in the office of the Ulster County Clerk within
sixty two (62) days of the date of
signing; Be it Further
RESOLVED, That this Special Use Permit and
plans shall expire if the approved activity is not commenced
or diligently pursued within twelve (12) months of the date of this Resolution;
Be it Further
RESOLVED, That this
Resolution authorizes only the activities approved herein and as delineated on
the signed and filed final plat and final plans; Be it
Further
RESOLVED, That any
alteration or deviation from the signed final plat shall require the
prior review and approval by the Planning Board; 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
HIGHWOODS SPORTSMAN CLUB
APPROVAL WITH CONDITIONS
SPECIAL
USE PERMIT FOR SELECTIVE TIMBER HARVEST
SUP
#21-0174A
At a regularly scheduled meeting of the Town of Woodstock Planning Board
on September 16, 2021, there were:
Present: Peter Cross, John LaValle,
Judith Kerman, Conor Wenk, Brian Normoyle and James
Conrad
Absent: Stuart Lipkind
A Motion was made by: Peter Cross, and
Seconded by: Brian Normoyle
The Vote was: Peter
Cross Aye
Stuart
Lipkind Absent
John
LaValle Aye
Judith
Kerman Aye
Conor
Wenk Aye
Brian
Normoyle Aye
James
Conrad Aye
WHEREAS, the Planning Board of the Town of
Woodstock, located in Ulster County, New York, is considering an application
for a Special Use Permit (the proposed action) from the Highwoods Sportsmens
Club (the Applicants); and
WHEREAS, the application is for a timber
harvest where a total of approximately 783 trees have been selected for
harvesting from 39.81 acres of land in the R3 Zoning District, located at 870
Church Road in Woodstock; and
WHEREAS, the parcel is designated on the Tax
Map of the Town of Woodstock as Section 28.3, Block 1, Lot 17; and
WHEREAS, the following plans and materials were
reviewed by the Planning Board
1.
Application for
Special Use Permit (SUP), including Short
Environmental Assessment Form (EAF), received June 22, 2021;
2.
Environmental
Resource Mapper Information for Woodstock in Ulster County;
3.
Forest
Stewardship Management Plan including Map for Highwoods Sportsmens Club depicting Stand 1, 2 and
3, Mixedwood Northern Stocking Guide Graph, 10-Year Schedule of Treatment Chart, prepared by DHW Forest Consulting, LLC, observed by the guidelines,
rules and regulations under the USDA Forest Service prepared for Highwoods
Sportsmens Club and dated November 18, 2019 and received June 22, 2021;
4.
DHW Forest
Consulting, LLC Forest Products Agreement between
Highwoods Sportsmens Club and Mike Gans
of Ulster Forest Products dated September 9,
2020 and received June 22, 2021; and
WHEREAS, in accordance with provisions of SEQRA 6 NYCRR Part 617 and TWEQR, by
reference to the SEQR regulations, the proposed action is considered an
Unlisted Action for
which an uncoordinated SEQR review and a determination of significance is
necessary; and
WHEREAS, in accordance with General Municipal Law Section 239(l) and (m), and
pursuant to the January 2009 Memorandum of Agreement (updated December 2018)
between the Woodstock Planning Board and the Ulster County Planning Board
(UCPB), UCPB review and advisory recommendations are unnecessary as the
proposed action does not exceed the thresholds requiring referral; and
WHEREAS, in accordance with TWEQR (Town of
Woodstock Environmental Quality Review), the Planning Board referred the
application and Short Environmental Assessment Form (EAF) to the Woodstock
Environmental Commission (WEC) on August 9, 2021, for its review and
recommendations. The WEC and Planning Board members collaboratively attended a
site visit with Ms. Laurie Raskin on Saturday, August 7, 2021. There were no concerns and the Boards were
very impressed with the practices being proposed; and
WHEREAS, a sketch plan review of the
application was held on July 15, 2021, at which time the Planning Board
determined a site visit was necessary; and that site visit occurred on August
7, 2021 with members of Woodstock Environmental Commission; and
WHEREAS, at the August
19, 2021 Planning Board meeting, the Planning Board deemed the application was
substantially complete and requested to schedule a Public Hearing; and
WHEREAS, after proper notification, the
Planning Board opened a Public Hearing on September 16, 2021, to obtain
commentary from the public and interested and/or involved agencies regarding
the proposed Special Use Permit; and
WHEREAS, on the same date, the Planning Board
closed the Public
Hearing after discussing commentary received from the public and
interested/involved agencies; and
WHEREAS, the Town Zoning Law, Article VI,
Sections 260-61, 260-62 and 260-63(K), regarding general and supplemental
Special Use Permit standards for commercial timber harvest operations, were
considered in the review of this application. Since the subject property is
partially located in the Scenic Overlay District, the Planning Board also
considered Zoning Section 260-66(C)(1), Standards
within Scenic Overlay District, regarding uses and activities that are
prohibited in said district, including clear-cutting as part of a commercial
logging operation except as provided in Section 260-63(K)(10);
NOW THEREFORE BE
IT RESOLVED, That the Planning Board has considered the criteria for
determining significance as set forth in Section 617.7 of the SEQRA
regulations, and finds that due to the measures being taken to minimize
impacts, any potential adverse environmental effects will be minimal;
therefore, the Planning Board hereby determines a Negative Declaration of
significance is appropriate with regard to the proposed action, and
consequently no Environmental Impact Statement will be necessary; Be it Further
RESOLVED, That the
Planning Board hereby grants approval of
the Highwoods Sportsmens Club Special Use Permit #21-0174A, subject to the conditions stated below:
1.
Planning Board determined posting of a Performance Bond
will be required to ensure site reclamation is adequately completed. Bond in
the amount of $1,500.00 shall be submitted for this purpose. When harvest is
completed, please call to arrange a site inspection by a Planning Board
representative. If site conditions have been adequately restored, bond shall be
returned to payor with accrued interest;
2. In accordance with Section 1.23 of the Town Development Fee
Schedule, the Final Development Fee in the amount of $200 shall be submitted
prior to the endorsement of plans and issuance of Special Use Permit;
3. Four (4) copies of final Site and Timber Harvest Plans shall be
submitted for Planning Board endorsement and issuance of Special Use Permit. Plan
copies have been received;
4. Applicants shall adhere to all
the conditions and requirements of the SUP, as listed below; Be it Further
RESOLVED, That the proposed action shall take place under the following Special
Use Permit conditions:
1. Days and Hours of Operation shall
be weekdays 7:00 a.m. thru 7:00 p.m. No tree-cutting shall take place on
weekends; only truck loading will be permitted.
2. The applicants shall adhere to the
approved Harvest/Forest Management Plan and Site Plan, and New York State
Forestry’s Best Management Practices for Water Quality (BMPs);
3. Logging operations shall be done
only under favorable weather conditions, when ground is dry, frozen or
snow-covered and water levels are low to minimize potential site erosion;
4. The Special Use Permit shall be valid for a period of one (1) year from
date issued. An extension may be requested in writing before time period expires;
5. When harvest is completed, please
call to arrange a site inspection by a Planning Board representative. If site
conditions have been adequately restored, Performance Bond shall be returned to
payor with accrued interest;
6. All other conditions of Article VI,
Section 260-63(K) of Town Zoning Law shall be adhered to; 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 within twelve (12) months of the date of
its issuance; 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 Article VI, Special Permit Uses, of Town 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/Compliance
pertaining thereto.
