Woodstock
Zoning Board of Appeals
45 Comeau Drive
March 11th, 2021
7:00 PM
MEETING MINUTES
ZBA Cases #’s in order of the preceding:
Decision and Order ZBA Case # 21-01
Decision & Order ZBA Case # 21-03
Public Hearing ZBA # 21-04
Public Hearing ZBA # 21-05
Public Hearing ZBA # 21-06
Chairman Gordon Wemp called the meeting to order at 7:00 pm, second
by Michelle Warman. Members present Gordon Wemp, Joseph Belluck and Michelle
Warman. Michael Castiglione and Jude Sillato were absent.
Michael Castiglione and Jude Sillato logged on at 7:10 pm.
1. ADMINISTRATIVE MATTERS
MINUTES APPROVAL-Move to accept February 28, 2021 meeting
minutes by Gordon Wemp seconded by Michelle Warman. Three voted aye, one abstained.
Motion adopted.
CHANGES/ADDITIONS TO
MEETING AGENDA – No changes were made.
2. PUBLIC HEARINGS
SCHEDULED FOR March 11th, 2021
ZBA CASE # 21-04 Application of Byron Duckwall, for property located at 3729
Rte 212, Shady, NY 12409, a 0.394 acre parcel located within a R5 Zoning
District, for a variance from the Zoning Law of the Town of Woodstock, Article
IV, Area & Bulk Regulations, Modification of required yards, Section 260-26
B (2) (b) as modified by Section 260-26 A, for a 15 foot infringement into a
required 25 food side yard setback in order to construct a 16 foot by 28 foot
detached studio with a bathroom.
Applicant was present,
he explained the house is very small, he needs more space and would like to
bring his piano from NY to this house and use the studio space also for friends
to stay. It will be a very sturdy simple structure, environmentally friendly on
piers to prevent erosion. It is surrounded by forest on all sides. The hardship
was that he did a lot of designs with the architect and this was the only place
where the view wouldn’t be destroyed. He
has no neighbors. Joe Belluck stated he had driven by the property and believes
this structure would have 0 impact on the neighborhood, environment or area. N
issue with what was proposed esthetically. Chairman Wemp asked about the
property abutting the City of Kingston Waterworks. Michele mentioned she had sent out the notice
and hadn’t heard any comments back from them via email or phone. She will call them to follow up and make sure
they received the notice. Jude Sillato
wanted to know if there was any other option for the studio to be placed on the
property in order for him not to require a variance. Mr. Byron explained he had
4 or 5 sketches/plans made up and this was the only option that made sense. This would line up with the current house so
visually it made more sense. The other
side is not an option because that is where the leech field is. Jude mentioned
this is an undersized lot and he would be adding another structure on this
small lot.
Chairman Wemp read the
names of the contiguous neighbors:
City of Kingston Water works and Nathan/Sandra Borsky.
None were present and
no written communication was received.
Chairman Wemp made a
motion to recess the public hearing pending notice from the City of Kingston,
seconded by Jude Sillato. All voted aye.
*****
ZBA CASE #21-05. Application of Ralph
Goneau, as represented by Patricia Brooks, , 11 Main Street Highland NY 12528,
for property located at 27 Baker Road, Bearsville, NY 12409, a 4.47 acre parcel located within an R3 & R5 Zoning
District, for a variance from the Zoning Law of the Town of Woodstock, Article
IV, Area & Bulk Regulations, Section 260-16, Attachment 2, Column (a),
in order to subdivide an existing lot into two parcels that
are separated by a road so as to be able to build a single family house next to
the existing garage.
Patricia Brooks the
representative was present and explained the owner Ralph Goneau would like to
retain his home on the westerly side of Baker Road. The owner currently has a
deed that contains both parcels of land, they are described as separate parcels
on the deed, the one on the East side is 2.34 acres and the one on the West
side is 2.13 acres. The applicant would like to sell the land on the East side
to somebody who would like to construct a single family home. They need a
subdivision in order to go through with the sale and they can’t subdivide the
property because the lots are preexisting non conforming in size. The two
parcels are divided by a road but it is not a public road or a highway. Joe
Belluck stated he did drive by the property and
noticed the existing structures
on the property ( house and barn ) were very close to each other, they are not
set far back from the road. He stated
Mr. Goneau would be the one most impacted by this driving down the road. There are other houses along that road that
seem to have been also separated by the road, house on one side and bard/garage
on the other. Chairman Wemp explained the lower portion of the property was in
an R3 zone and the upper part was in an R5 zone. Joe Belluck asked how they
would handle that since the structure looks like it would be half in the R3 and
half in the R5 zone. Mrs. Brooks answered by stating that he was absolutely
right and she didn’t now what impact this would have on the variance. Ellen
mentioned to Mrs. Brooks that even though the parcels were divided by the road
they are not considered subdivided. Michelle Warman asked if they knew how big
the new structure built would be? Mrs. Brooks answered no but she would advise
them it would have to be up to code with the setbacks of the zone.
Michele Sehwerert read
the names of the contiguous neighbors: Joseph Fauci, Thierry Rochard, Baker
Road LLC and Leo Treitler & Mary Frank.
None were present and no written communication was
received.
Chairman Wemp made a motion to close the public hearing portion
of the meeting seconded by Michael Castiglione. All voted aye. Chairman Wemp
made a motion to close ZBA Case #21-05 seconded Joe Belluck and Michael
Castiglione. All voted aye.
*****
ZBA Case #21-06 Application of Andrew Peck and Chloe Dresser, for
property located at 94 Ohayo Mtn. Road, Woodstock NY 12498 a 2.5 acre parcel
located within an R3 Zoning District,
for variances from the Zoning Law of the Town of Woodstock, Article V
Supplementary Regulations, Section 260-56 and Section 260-47, Article VI
Special Permit Uses, Section 260-63 ( C
) (D) in order to have a single campsite/ erected Sioux teepee, that
does not comply with the required sewage disposal system, on an undersized
residential lot and use it for transient accommodations.
Representative Allison
Walsh and Mr. Andrew Peck were present. Ms. Walsh stated they have a
grandfathered pre existing use of a tee pee structure that has been rented out
over the years. They are seeking a variance from the campsite or STR non owner
occupied habitable accessory structure regulations. A decision had already been
rendered where the ZBA stated Mr. Peck could use the tee pee for personal use
only. Ms. Walsh stated they have derived
significate income over the years from renting it out, they are retired and
they would seek to continue this use under the STR law subject to any safety
and health provisions the building inspector imposes. Chairman Wemp stated this was a different
request since previously the ZBA was only asked to interpret the ZEO’s
determination, now they have applied for a Use variance. Ms. Walsh stated she
knew this was a unique situation and that it is not a traditional habitable
structure. They believe they should be able to continue offering the tee pee
structure as an STR. Mr. Peck and Mrs. Dresser do live on the property and
believe this is a positive asset for the community and all outsiders. It has been used by many people throughout
the years for vacation purposes. Chairman Wemp stated that the ZBA is a
quasi-legal board and they are worried about setting a precedence. This is a
situation that has to be looked at very closely. Joe Belluck asked if the only
basis they are asking for a variance is for the financial hardship not having
the structure would cause. Mr. Peck answered by saying no, and asked the board
if they had read the 19 page letter he had sent them with the variance
explaining all of his reasons. He has been using this teepee since 1968. Ms.
Walsh added it enhances the scenic beauty of the property, the character of
Woodstock and also fits the zoning purposes. Mr. Peck stated by grandfathering
in the teepee he does not believe it would not open the floodgates of other
people renting out tents or teepee’s. Chairman Wemp asked why he believes that
is the case? Mr. Peck answered by saying because there is no other tent or
teepee that has been in use for this many years requesting the grandfathering
in, he would be the only one. Chairman Wemp asked how they were providing facilities
for the teepee? Ms. Walsh answered by saying at this time there I an outhouse
but they could replace it with a porta potty as a condition of the variance.
Ms. Walsh finished by saying they do believe this is a habitable structure
because it was designed and used for this purpose for centuries, and many happy
guests have used it over the years with no nuisance to the neighbors or
disturbance of peace and it poses no threat for safety but enhances the beauty
and character of Woodstock. Mr. Peck added by saying he had sent the board
another email to add to his application. Chairman Wemp mentioned the
application had been sent to the UCPB. Michele read an email she received from
the County stating “ This case will have to wait until our April meeting since
it is late and we have a pretty large agenda”.
Michele explained the UCPB only meets the first Wednesday of every
month. There were no comments or
questions from the board. Chairman Wemp made a motion to recess the public
hearing portion of the case pending information from the County, second
Michelle Warman, all voted aye. Chairman Wemp made a motion to recess ZBA Case
# 21-06, second by Michelle Warman, all voted aye.
Names of contiguous neighbors: Alicia Weinberg, Marsh
Meadows LLC, Bonnie Rose Steinberg and Town of Woodstock.
Michele stated no neighbors were present and no written
communication was received
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 Castiglione, all voted aye. Chairman Wemp stated he had talked to Mr. Buck
and he stated there was only a friendship no business relationship arrangement
between himself and Ms. Dagrosa, they maintain separate households. Chairman Wemp also mentioned she is not
creating a new space she is only renting out an existing room. He would write
the decision and send the draft to the members. There were no further comments
from the board members, Chairman Wemp recessed the case, seconded by Joe
Belluck. All voted aye.
ZBA CASE # 21-03. Michelle Leggett and Stephen Bergkamp. Chairman Wemp made a motion to re-open this
case, seconded by Joe Belluck. Michael Castiglione mentioned he did a drive by
the property again. He believes a 4 foot fence would serve the purpose on the
part that isn’t finished. He could have the 6 foot fence where the new road was
created. In keeping with the neighborhood it would also follow with the flow of
the other fences around the property. Chairman Wemp made a motion to recess
this case, second Michael Castiglione, all voted aye.
4. OTHER
Chairman Wemp mentioned Michael Castiglione was in charge
of ZBA Case # 21-04, Joe Belluck was in charge of ZBA Case # 21-05 and Jude
Sillato was in charge of ZBA Case # 21-06.
Michele asked the board how they felt about coming back in
person for meetings now that Spring is around the corner, the windows of the
Community Center cold be opened and social distancing would be still applied.
Michelle Warman, Michael Castiglione, Gordon Wemp and Joe Belluck stated they
were ok with it. Jude Sillato mentioned
she was more comfortable continuing doing the hybrid version. Michael
Castiglione stated he thought it was a good idea to continue using the hybrid
version even after Covid was over.
Chairman Wemp made a motion to adjourn the ZBA meeting,
second by Jude Sillato and Michael Castiglione. All voted aye.
Respectfully submitted by,
Michele Sehwerert
