Woodstock
Zoning Board of Appeals
45
Comeau Drive
February
14th, 2019
7:00
PM
MEETING
MINUTES
ZBA
Cases #’s in order of the preceding:
Public
Hearing ZBA Case #19-02
Decision
and Order ZBA Case # 19-01
Decision
and Order ZBA Case # 19-03
Chairwoman
Mendoza called the meeting to order at
7:00 pm. Members present: Michael Castiglione, Maria Mendoza, Jeffery Collins.
Gordon Wemp and James Armstrong. David Beidler was absent.
1.
ADMINISTRATIVE MATTERS
CHANGES/ADDITIONS
TO MEETING AGENDA – No changes.
Move
to accept January 24th, 2019 meeting minutes by Chairwoman Mendoza seconded by
Mike Castiglione. All voted aye. Motion adopted.
Chairwoman
Mendoza started the meeting by addressing the Decisions before the public
hearings.
2. PUBLIC
HEARINGS SCHEDULED FOR February 14th, 2019
ZBA Case #19-02 Application of Robert
Whitcomb/Mountain Meadow Realty, as represented by Jess Walker, 59 Mill Hill
Road, Woodstock NY 12498, for property
located at 75-83 Mill Hill Road, Woodstock, NY 12498, a 2.38 acre parcel located
in a HC Zoning District, for variances from the Zoning Law of the Town of
Woodstock, Article V, Supplementary Regulations, Section 260-31 B (2), Sign
Regulations, maximum surface area of the sign and Section 260-31 D (2) b Sign
Regulations, for the placement of two signs where only one sign is permitted.
NYSEQR DETERMINATION
In accordance with the guidelines set forth in 6NYCRR, Part
617, and Section 65-13 of the TWEQR regulations, the Zoning Board of Appeals
has determined that this application for an area variance is classified as a Type
II Action which, by definition, does not have a significant effect on the
environment and is exempt from environmental review.
Jess
Walker was present as the representative. Mr. Walker stated they want to give a
street presence for all the setback buildings in the Bradley Meadows Plaza
which require two signs because all of them already have a sign on the
building. They want to put all of them together in one sign in the center of
the property. Curb cut if possible. The illegal A&P sign will be taken down.
The new sign they would like to put up is over 10 sq feet but it will include 5
or 6 businesses so he hopes each one will be considered as separate signs.
Gordon Wemp asked what the size of each individual sign would be and Mr. Walker
answered 7.5 sq feet. Discussion took place between the board and Mr. Walker
looking at pictures of other signs in the Town of Woodstock. Mr. Walker mentioned that they will also be
renaming the property The Woodstock Plaza and that name will also be reflected
on the sign in this aluminum letters. Chairwoman Mendoza asked the size of the
sign was based on what? Mr Walker answered it was based on visibility, bigger
it would be awkward but it would also be easier to read the sign, but they
thought 18 inches high would be the least for them to get. James Armstrong said it would be 40 sq feet
for the whole thing not including the frame. Mr. Walker said it might be a
little less. Mr. Walker also mentioned there is a height regulation that they
are going over and there is a new bluestone wall so they are trying to get
above that. Jeff Collins mentioned that it was an existing stonewall so it wasn’t
going anywhere. The sign is 15 inches higher than what the Zoning lLaw permits
which allows them to give each business a decent spot on the sign. If they
needed to lower that because it was a sticking point for the board they would
do so. It wont be in the entrance of the driveway but once you pull in you will
be able to see it. Mr. Walker mentioned that it was the only plaza in the
entire town which parking in the front and setback businesses, it’s a unique
condition for Woodstock. Michael Castiglione mentioned that the zoning law
really was vague with this specific sign
condition but also mentioned why CVS wasn’t considered for the same condition?
Mr. Walker said CVS only has one row of parking and the setback wasn’t as far.
James Armstrong asked what they would do about lighting? Mr. Walker said they
would prefer to face them down but since its buried back they could hide the lights in the shrubbery,
it would be narrow beam that wouldn’t go past the signage area. It would be one light going up. The light
would be behind the stone wall. Mr. Walker stated that if they wanted to put
the light above the sign it would be a CCD issue and Michael Castiglione asked
if there had been a ruling on that already from the CCD and Mr. Walker answered
that he had submitted this application to the Planning Board and the CCD and
they both said he needed to come in front of the ZBA first. No trees will be
cut down. More discussion took place
between the members about sign laws in the Town of Woodstock and how it is
being enforced and what is allowed, what should be allowed and what is
happening now. Chairwoman Mendoza asked the board if any of them had an issue with the height
and they all said no. There were no more comments or questions from the
board.
There
were no contiguous neighbors present and no communications were received.
Chairwoman
Mendoza read the names of the contiguous neighbors: Woodstock Commons Housing,
Andrea, Deanna & Jay Winston, MHVFCU, Lucy Scala, Christian Nouryan,
Michael & Joan Paccione, Andre Neher and Francis Mkenna.
Michael
Castiglione explained that the board had 60 days to make a decision but they
would try to have a final decision by the next meeting.
Chairwoman
Mendoza closed the public hearing part of the case. Seconded by Michael Castiglione. All voted aye.
Chairwoman Mendoza then recessed ZBA Case # 19-02, seconded by Michael
Castiglione All voted aye.
*****
3.
DECISION AND ORDERS AND INTERPRETATIONS OUTSTANDING
Decision
and Order ZBA Case # 19-01 Carla Zinn
and Donald Glenn Chairwoman Mendoza made a motion to reopen the case, second by
Michael Castiglione. Chairwoman Mendoza mentioned that Michael Castiglione had
done a drive by and took pictures of the
front yard. Michael Castiglione showed the board members the picture where the
dip is clearly viewed but what the applicants didn’t mention is that their
neighbor has a fence taller than 4 feet in their front yard already. Questions
arose about if that fence was legal or not and if it had a granted variance.
Chairwoman Mendoza mentioned she would check with Michele in the office
regarding this matter. Michale Castiglione took the pictures standing in front of
the Zinn/Glenn house from the road and the house with the fence is directly to
the right. Chairwoman Mendoza made a motion to recess this case, seconded by
James Armstrong. All voted aye.
*****
Decision
and Order ZBA Case # 19-03 Jennifer
Ahearn/Constantly Awesome LLC. Chairwoman Mendoza made a motion to reopen the
case, second by Michael Castiglione. There were no additional comments from the
board members. Chairwoman Mendoza made a
motion to close the case, seconded by James Armstrong. All voted aye.
RESOLUTION:
Based upon the Standards for Consideration of Area Variances set
forth in Section 260-103B of the Zoning Law of the Town of Woodstock, area
variances from the Zoning Law of the Town of Woodstock, Area & Bulk
Regulations, Article IV, Section 260-16, Attachment 2, HC Column (e), for an 10 foot infringement into a minimum
required 10 foot side yard set back in order to construct a 12 foot by 12 foot
entry porch and for an 8 foot infringement into a required 15 foot front yard
setback to reconstruct the dining room porch area in the same footprint and
increasing its height and HC Column (f) for a 2 foot infringement into a
required 10 foot side yard setback in order to construct a new staircase in the
rear, is hereby GRANTED, subject to all requirements of the Zoning Law of the
Town of Woodstock, the New York State Real Property Law and all other
applicable laws, codes and regulations.
The vote was announced as follows:
Maria Mendoza: ( aye), Michael Castiglione: (aye ), Gordon Wemp: (aye ),
James Armstrong: (aye ), David Beidler: (absent), Jeff Collins: ( present no vote)
THE RESOLUTION WAS (ADOPTED) by a
vote of ( 4 ) in favor, ( 0 ) opposed, ( 1 ) absent, and ( 0 )
abstaining.
*****
Chairwoman Mendoza mentioned they had one new case for the
next meeting, ZBA Case # 19-04 Ronald Williams and Gordon Wemp was assigned to
it.
Chairwoman Mendoza made a motion to adjourn the meeting
seconded by James Armstrong. All voted aye.
Respectfully submitted by,
Michele Sehwerert
