Woodstock
Zoning Board of Appeals
45 Comeau Drive
February 11th, 2021
7:00 PM
MEETING MINUTES
ZBA Cases #’s in order of the preceding:
Decision and Order ZBA Case # 21-02
Chairman Gordon Wemp called the meeting to order at 7:00 pm.
Members present Gordon Wemp, Joseph Belluck and Michael Castiglione. Michelle
Warman and Jude Sillato were absent..
1. ADMINISTRATIVE MATTERS
MINUTES APPROVAL-Move to accept January 28, 2021 meeting
minutes by Gordon Wemp seconded by Michael Castiglione. All voted
aye. Motion adopted
CHANGES/ADDITIONS TO
MEETING AGENDA – No changes were made.
2. PUBLIC HEARINGS
SCHEDULED FOR February 11th, 2021
ZBA
CASE # 21-03 Application of Michelle Leggett and
Stephen Bergkamp, for property located at 223 Van Dale Road, West Hurley NY
12491 a 0.64 acre parcel located within a R3 Zoning District, for a variance
from the Zoning Law of the Town of Woodstock, Article V, Supplementary
Regulations, Section 260-32 (A) (C) Fences, Walls and Gates, to legalize the
replacement of a 4 foot high picket fence with a 6 foot high stockade fence in
the front yard on a corner lot with two front yards.
Mr.
Bergkamp was present and explained he had a white picket fence before and they
have been spending a lot more time home and a new development of 4 homes is
being built behind their house and a new road called Finnigans Way is being
placed on the side of their property. There are utility vehicles, construction
trucks, contractors, plumbers and electricians driving back and forth all day
long. It has become a very busy road now when before it was very quiet and
peaceful spot. The cars driving bye can also see into their windows and their
dog is also gets freaked out every time a truck drives by. He thought it would
be a good idea to upgrade the picket fence to a privacy fence. He extended the fence a little longer and
would like to extend it a bit more to have more peace in the house. Everyone is
working from home and the kids are also at home. Michael asked if Mr. Bergkamp
could describe where the property was. Mr. Bergkamp mentioned they were right
on the Town lone with West Hurley. Their address is actually West Hurley but
the property is the last house in Woodstock on Van Dale Road. It is close to
Route 28 on Van Dale Road. There are two new developments one is Magnolia Trail
and now the one called Finnigans Way. Michael asked if the fence was on a side
yard or front yard and Mr. Bergkamp stated he was hoping to extend the fence on
the side yard. The existing picket fence was in the front yard. Chairman Wemp
mentioned a good percentage of the fence is existing. The application is to
legalize the existing privacy fence that Mr. Bergkamp already put up. The
believed since a fence already existed they were just upgrading to a newer one,
they didn’t know their was a height regulation in the front yard. Michael asked
if the full fence was up yet? Chairman Wemp stated it was partially up and
stated he drove up to see the property and saw another existing stockade fence
at the end of the property. Mr. Bergkamp said that he hadn’t finished it
because of the cold weather and that other privacy fence was their neighbors
part of the Magnolia Trail development. Mr. Bergkamp would like to connect his
fence with that existing fence. On the other side of the driveway he planted
some privet shrubs which he is hoping will grow in the summer and create a
barrier on that side of the driveway. Chairman Wemp asked why not leave it as a
4 foot fence in the front yard? Mr. Bergkamp answered by saying it is a very
busy road with people walking by and walking with their dogs and their dog goes
nuts. He mentioned the 6 foot fence would really make a difference. There is a dip too so he could raise the
grade up on that spot and then a 4 foot fence would be placed up higher. That
would cost them more money. Chairman Wemp asked the other members to take a
look at the property and the existing fence. Michael asked how far away they
were from Route 28? Mr. Berkcamp answered exactly one mile. The Ulster County
Bridge Manufacturing is on that road. Michael isn’t sure since they are so
close to the Town of Hurley what the
nature and character of that road is like up to that point. Michele mentioned
she didn’t realize he was so close to the Town of Hurley and she should have
sent out the application to their ZEO for their review. She mentioned she would
call them and see how to proceed tomorrow. She also mentioned that Ellen on the
referral form classified this property as a corner lot so the fence would be in
the front yard on both sides. Chairman Wemp stated because of the new road it
could be considered a front yard. The property is cattycornered. The board has to look into if a private road
falls under the same jurisdiction as a town road. Michael stated he believes it
would be the view from a public highway not a private road. Chairman Wemp state
it isn’t a public road now because it isn’t finished but down the line it might
become one. It cannot become a town road until it meets the Town’s
specifications. The road construction started February / March of last year and
it was all woods so it would have never been considered a corner lot. Chairman
Wemp and Michael stated they would have to look more into those specs regarding
it becoming a corner lot and it being a front yard because of the new road.
There were no more comments from the members.
Mr. Bergkamp stated they had been living at that property for 13 years.
Chairman
Wemp read the names of the contiguous neighbors: Alexa Kasdan & Rickke
Mananzala, MAH Development Woodstock LLC, Ronald Chang & Hwai-Ying Liu and
Lloyd & Abby Gross.
No
contiguous neighbors were present. An email was received from Mrs. Abby Gross
stating they had no objection to the fence.
Chairman
Wemp made a motion to close the public hearing portion of the case, seconded by
Joseph Belluck, all voted aye. Chairman
Wemp made a motion to recess ZBA Case # 21-03, Seconded by Michael Castiglione,
all voted aye.
3. DECISION AND ORDERS AND
INTERPRETATIONS OUTSTANDING
ZBA CASE # 21-01. Terry Dagrosa. Chairman Wemp made a motion to re open this
case, seconded by Michael, all voted aye. Chairman Wemp mentioned he has a call
into Ms. Dagrosa and Mr. Buck for their statements about their situation and
that they plan to maintain their own residences. They also need to find the
correct wording that will help them down the road.
There were no further
questions or comments from the board. Chairman
Wemp made a motion to recess ZBA Case # 21-01. Motion seconded by Michael
Castiglione. All voted aye.
4. OTHER
Michele mentioned she had received an email from Mr. Andrew
Peck requesting copies of the meeting minutes regarding his case and also the
date his final decision was filled with the Town Clerk’s Office. Chairman Wemp
stated the ZBA was asked for an interpretation and that is what they delivered.
Chairman Wemp made a motion to adjourn the ZBA meeting,
second by Joseph Belluck and Michael Castiglione. All voted aye.
Respectfully submitted by,
Michele Sehwerert
