The owner of the former Woodstock Lodge is seeking permission from the Town of Woodstock to temporarily open with limited capacity while attempting to allay fears from planning-board members that the move could set a dangerous precedent.
Steven Barshov, legal counsel for Selina, updated the planning board June 4 on its plans. The international hotel and resort company plans to open the property as Selina Woodstock.
The property is under site-plan review amid several delays and legal issues. Last year, the Zoning Board of Appeals ruled building inspector Ellen Casciaro erred when she lifted stop-work orders issued on the property for unapproved construction.
While those issues are being corrected, Selina seeks a memorandum of understanding, or MOU, with the town board to open three cabins to salvage at least part of the busy summer season. Selina has argued the cabins it wants to open were never part of the structures in dispute and it has the right to use them.
Town supervisor Bill McKenna believes Selina would win should the issue go to court. An MOU, he argues, protects both sides and ensures Selina will be a responsible business owner and neighbor.
“The only reason there is even the possibility of that (MOU) is that there is a nonconforming use,” Barshov told the planning board. “This is an attempt to try to balance things. It’s not an attempt to go around the planning board or set some precedent.”
As part of the proposed MOU, Selina has drafted a code of conduct including hours of operation, cleaning procedures, a contactless check-in and payment system, and guest service requests such as extra towels and pillows by text message. Guests will be required to complete a Covid 19 questionnaire. Names of all guests will be stored in a database to help with contact tracing should someone test positive.
The proposed MOU permits Selina to operate the three cabins with a maximum of 18 guests. The restaurant will be open only for prepackaged meals delivered to guest rooms. It will not be open to the public until state restrictions are lifted.
“The code of conduct is going to be very much a part of how we go forward,” Barshov said, noting it’s something he personally insisted be part of the reopening.
Barshov agreed to giving assurances, as asked for by John Lyons, attorney for the planning board, that Selina would commit to completing site-plan review regardless of operations over the summer. Selina will next have a meeting with the board’s planning consultant, Matt Rudikoff, Barshov said.
Might not these operations prior to planning approval prompt future applicants to request the same? “If they’re operating prior to site plan review, it may cause us problems with other applicants wanting the same thing,” planning board vice-chair Stuart Lipkind noted.
“I came into this with the predisposition to believe the owners,” added planning-board member Judith Kerman. “That being said, I’m concerned about the precedent.”
Barshov replied that he’d “come up with a set of circumstances that would make this so unique” so that other applicants would not be able to apply it to their situation.
Chairman Peter Cross was still puzzled about how work could be done on a site still under site-plan review. “How does the cart get before the horse?” he asked Lyons.
Lyons conceded that he did not understand the mechanics of how that could happen.
The MOU is still under consideration by the town board. Selina is set to come back to the planning board July 2.
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