fbpx
  • Subscribe & Support
  • Print Edition
    • Get Home Delivery
    • Read ePaper Online
    • Newsstand Locations
  • HV1 Magazines
  • Contact
    • Advertise
    • Submit Your Event
    • Customer Support
    • Submit A News Tip
    • Send Letter to the Editor
    • Where’s My Paper?
  • Our Newsletters
  • Manage HV1 Account
  • Free HV1 Trial
Hudson Valley One
  • News
    • Schools
    • Business
    • Sports
    • Crime
    • Politics & Government
  • What’s UP
    • Calendar Of Events
    • Subscribe to the What’s UP newsletter
  • Opinion
    • Letters
    • Columns
  • Local
    • Special Sections
    • Local History
  • Marketplace
    • All Classified Ads
    • Post a Classified Ad
  • Obituaries
  • Log Out
No Result
View All Result
  • News
    • Schools
    • Business
    • Sports
    • Crime
    • Politics & Government
  • What’s UP
    • Calendar Of Events
    • Subscribe to the What’s UP newsletter
  • Opinion
    • Letters
    • Columns
  • Local
    • Special Sections
    • Local History
  • Marketplace
    • All Classified Ads
    • Post a Classified Ad
  • Obituaries
  • Log Out
No Result
View All Result
Hudson Valley One
No Result
View All Result

Appellate Division finds for Woodstock in Auringer roof case

by Nick Henderson
February 3, 2022
in General News
0
Gang slaying in state park was recorded on video; four arrested

If these trees at Turkey Point State Forest could talk... (Photo by Will Dendis)

The man behind a proposed steel and concrete plant on Route 28 in the town of Kingston lost his appeal in a different proceeding of a state Supreme Court ruling upholding the town of Woodstock’s refusal to issue a certificate of occupancy for his Tonshi Mountain home. 

Thomas Auringer filed an Article 78 lawsuit against Woodstock Building Inspector and Code Enforcement Officer Ellen Casciaro, the town’s Zoning Board of Appeals and Planning Board, arguing a ZBA decision was arbitrary and capricious.

State Supreme Court Judge Christopher Cahill dismissed the case and Auringer appealed. On December 23, 2021, the Third Judicial Department of the Supreme Court Appellate Division upheld Cahill’s dismissal.

“We find that the ZBA properly interpreted the zoning ordinance that respondents promulgated and are responsible for administering and, therefore, its determination will not be disturbed,” wrote the court in its decision.

Supervisor Bill McKenna said he believes Auringer will continue to appeal the decision.

The town argued Auringer clearcut trees and constructed a highly reflective roof in the Scenic Overlay District in violation of zoning regulations. Auringer argued the town improperly made the roof and exterior modifications part of remediation for clearcutting in the Scenic Overlay District.

But Cahill said the clearcutting and roof are related and his actions after getting a building permit didn’t help matters. “Although the record establishes that petitioner acknowledged at a Planning Board meeting that the clear cutting was a mistake, his actions, after the building permit was issued, were illegal and the clear cutting significantly contributed to the visibility of the metallic roof,” the court wrote. “Further, petitioner’s refusal to consider any proposal to paint or otherwise treat the roof did not allow respondents, under their zoning ordinance, to cause the special use permit and certificate of occupancy to be issued.”

The town’s decision “had a rational and clear linkage to the petitioner’s illegal clearcutting in the scenic overlay district and the need for remediation of the glare from the petitioner’s metallic roof which was muted prior to the petitioner’s actions,” Cahill had ruled in the initial lawsuit.

And the Appellate Division agreed.

“Contrary to the petitioner’s contention, the Planning Board did not exceed its authority by allowing the additional violation of exterior modifications without a special use permit to be included in its determination as to what remediation was necessary,” the court wrote.

“Petitioner, by engaging in clear cutting after the building permit was issued, caused the clear cutting and roof issues to be inextricably intertwined so that the remediation caused by the unlawful clear cutting could not be accomplished without mitigation of the roof glare.”

Auringer’s next step would be to take the matter to the Court of Appeals, the highest court in the state, which is comprised of a chief judge and six associate judges. It is considered the court of last resort.

The site of the project is in the foreground, with Pickerel Pond to the right of it and Onteora Lake above. Route 28 is the road on the left side of the image. (Google Earth)

Legal woes persist for 850 Route 28

Meanwhile, Town of Kingston officials issued a violation notice to Auringer’s 850 Route 28 LLC in December for not following regulations that require separate stormwater systems. The town action is in addition to a cease-and-desist order issued by the state Department of Environmental Conservation in November for polluting five ponds with sediment from land clearing.

The DEC ordered Auringer to immediately stop all construction except for work necessary to correct erosion and sediment control issues.

Auringer uses the land to store construction equipment for his other businesses.

Tags: members
Join the family! Grab a free month of HV1 from the folks who have brought you substantive local news since 1972. We made it 50 years thanks to support from readers like you. Help us keep real journalism alive.
- Geddy Sveikauskas, Publisher

Nick Henderson

Nick Henderson was raised in Woodstock starting at the age of three and attended Onteora schools, then SUNY New Paltz after spending a year at SUNY Potsdam under the misguided belief he would become a music teacher. He became the news director at college radio station WFNP, where he caught the journalism bug and the rest is history. He spent four years as City Hall reporter for Foster’s Daily Democrat in Dover, NH, then moved back to Woodstock in 2003 and worked on the Daily Freeman copy desk until 2013. He has covered Woodstock for Ulster Publishing since early 2014.

Related Posts

Ulster County pool to reopen in June after major repairs and upgrades
General News

Napanoch woman dies after medical emergency at Ulster County Pool

June 26, 2025
Kingston Land Trust launches fundraising campaign for “teeny Yosemite”
General News

City folks learn kinda slow

April 22, 2025
Daytime raccoon sightings spark concern among Saugerties residents
General News

Daytime raccoon sightings spark concern among Saugerties residents

March 31, 2025
Proposed cannabis dispensary at Zero Place triggers traffic study
Community

Zero Place in New Paltz transformed into condominiums, sparking concerns for affordable housing board

April 17, 2025
Local LGBTQ+ advocates rally to oppose passport freeze
Community

Local LGBTQ+ advocates rally to oppose passport freeze

February 18, 2025
A cold Valentine’s Day message for bus passengers in New Paltz
Community

A cold Valentine’s Day message for bus passengers in New Paltz

February 15, 2025
Next Post
Books & Art at Gardiner Library

Books & Art at Gardiner Library

Weather

Kingston, NY
72°
Clear
5:26 am8:35 pm EDT
Feels like: 72°F
Wind: 1mph NNE
Humidity: 80%
Pressure: 29.98"Hg
UV index: 0
TueWedThu
86°F / 68°F
86°F / 68°F
81°F / 66°F
powered by Weather Atlas

Subscribe

Independent. Local. Substantive. Subscribe now.

×
We've expanded coverage and need your support. Subscribe now for unlimited access -- free article(s) remain for the month.
View Subscription Offers Sign In
  • Subscribe & Support
  • Print Edition
  • HV1 Magazines
  • Contact
  • Our Newsletters
  • Manage HV1 Account
  • Free HV1 Trial

© 2022 Ulster Publishing

No Result
View All Result
  • News
    • Schools
    • Business
    • Sports
    • Crime
    • Politics & Government
  • What’s Happening
    • Calendar Of Events
    • Art
    • Books
    • Kids
    • Lifestyle & Wellness
    • Food & Drink
    • Music
    • Nature
    • Stage & Screen
  • Opinions
    • Letters
    • Columns
  • Local
    • Special Sections
    • Local History
  • Marketplace
    • All Classified Ads
    • Post a Classified Ad
  • Obituaries
  • Subscribe & Support
  • Contact Us
    • Customer Support
    • Advertise
    • Submit A News Tip
  • Print Edition
    • Read ePaper Online
    • Newsstand Locations
    • Where’s My Paper
  • HV1 Magazines
  • Manage HV1 Account
  • Log In
  • Free HV1 Trial
  • Subscribe to Our Newsletters
    • Hey Kingston
    • New Paltz Times
    • Woodstock Times
    • Week in Review

© 2022 Ulster Publishing