By the narrowest of margins, the Woodstock ZBA has denied the Woodstock Land Conservancy’s (WLC) appeal of the proposed 30-lot Zena Homes subdivision.
The ZBA had two decisions ready at its December 12 meeting — one denying the appeal and the other granting it. The board was tied 2-2 on both, resulting in a default decision against WLC.
ZBA member Martin Mills was participating via Zoom due to travel, but lost his signal. Had he been able to stay connected, Mills’ vote would have broken the tie.
After much discussion at the meeting, ZBA chair Gordon Wemp called a vote on the denial resolution, which asserted the town building inspector had properly applied zoning law to Eastwoods Drive as an access road to the subdivision. Wemp and member Mike Castiglione voted for denial. Joseph Belluck and Jude Silato voted against.
Silato then suggested a vote on granting the appeal “in case anyone has a change of heart.” That resulted in another tie vote, with Wemp and Castiglione against and Belluck and Silato in favor.
Should the WLC choose to appeal, a state appellate court would step into the shoes of the ZBA, read the record and render a decision, explained John Lyons, counsel for the ZBA.
At issue was whether a road in the Town of Woodstock could be permitted to access a development in the Town of Ulster that, were it to be built in Woodstock, would not be allowed.
Building inspector Francis “Butch” Hoffman determined last May that Eastwoods Drive
access could be permitted, providing the road were improved to current standards and made public subject to site-plan approval and wetlands and watercourse permit review by Woodstock’s planning board. The WLC had appealed, arguing the road should not be allowed because the development would not be permitted had it been proposed in Woodstock.
Normally a road in Woodstock is allowed when it leads to a single-family or two-family home. However, in this case it leads to a proposed network of roads and multiple homes plus a large recreation facility. Hoffman cited that as one of many reasons why the project was not exempt from site-plan review.
The developers had hoped only a building permit was needed to make the necessary improvements to Eastwoods Drive.
The subdivision is entirely in the Town of Ulster. The only practical access is from Eastwoods Drive, currently a private gravel road.
“The ZEO’s [zoning enforcement officer’s] determination presumes that the proposed use of the road is permissible. Eastwoods Drive is a private right-of-way that was never approved by the planning board and does not appear on a map filed with the county,” Silato said in her argument for granting the appeal.
The road proposed to be constructed in Woodstock was merely a road that led to another road. she said. It was the ZBA’s obligation in reviewing and interpretating to examine exactly what Woodstock zoning law allowed, she continued. “In this case, it is clear the proposed road is not permitted in Woodstock.”
“Obviously this isn’t the decision that we were looking for because we put forth the appeal in good faith,” WLC executive director Andy Mossey said. “However, we respect the decision made by the ZBA here today, even though it’s not in our favor.”
Mossey said the appeal was a way of making sure the developers were following the rules. “That being said, we’re still very much opposed to the overall project,” Mossey said.
Will WLC appeal the default denial? “We’ll need to reflect on this decision with our counsel,” Mossey said. “Nothing is out of the question, but right now we don’t know.”
The developers face a long road ahead of them. The extension of Eastwoods Drive is crucial as it is the only access to the development. It needs approval from Woodstock’s planning board before Ulster’s planning board will resume deliberations.
“We’re satisfied with tonight’s ZBA decision and looking forward to bringing our project through the appropriate town processes,” project principal Evan Kleinberg said. “We are eager to make progress on this project that we so deeply believe in.”
Join the family! 
