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The next step for the contentious Zena Homes subdivision is a meeting of Woodstock’s planning board slated for February 20. Though the development is solely within the Town of Ulster, the only access is through Woodstock via Eastwoods Drive, a private gravel road nearly a mile long.
Woodstock’s building inspector ruled last May the developers could make improvements to the road, subject to review by the planning board and wetlands permit approval. The Woodstock Land Conservancy’s appeal of that decision was denied by a tie vote of the ZBA.
The development would occupy 106 acres on the Town of Ulster side of the 624 acres of land that straddle Woodstock and Ulster. The land is home to many wildlife species. It has been on Woodstock Land Conservancy’s (WLC) radar for years.
“WLC, working with our organizational partners, actually put forward multiple offers in the past to purchase the land,´ Woodstock Land Conservancy executive director Andy Mossey said during a recent update via Zoom. “But unfortunately, because of our requirement to purchase land at appraised value that’s determined by the IRS, essentially our offer to purchase was ultimately denied. So now Zena Development owns it. And this land and the ecological benefits it brings, that hasn’t changed at all.”
The plan is for 30 home lots, though some units can accommodate duplexes. Plans also include a 2400-square-foot recreation center, two pickleball courts and a tennis court.
WLC and its allies believe access via Eastwoods Drive is illegal because the road is too long. The developers have asserted the road will be legal because it will be brought up to the standards of a public road.
Zena Homes developer Evan Kleinberg explains
“Gaining access through Ulster would lead to significantly more disruption to our neighbors,” said Evan Kleinberg, one of the project’s principals. “It would require constructing a new road through several plots of privately owned, forested land, which we’re certain our neighbors wouldn’t support. This also would lead to unnecessary environmental and habitat disruption, as road construction involves tree clearing and the creation of impervious surfaces, which we are eager to avoid, as is our opposition — so we’ve heard.” The developers’ stance is that an existing road already exists that they own outright. It just needs to be extended and upgraded for safety.
There have been no formal discussions with town officials for fire, EMS or police coverage, Kleinberg said, because those concerns, which are being addressed through the planning board, have been delayed due to litigation.
“The recent appeal by the Woodstock Land Conservancy to the Woodstock ZBA prevented us from making any progress with the planning boards of Woodstock and Ulster,” he explained. “Now that the process can move forward, we’re excited to address this particular concern.”
The reduced size of the project means the developers cannot commit to designating any homes as affordable. “Ultimately, we made the decision to minimize the environmental impact of the project as much as possible after severe community backlash,” he said. “This reduction, however, has made it financially infeasible to designate any lots as legally affordable.”
The developers still may choose to build starter homes on some lots or sell some lots as is, Kleinberg said. They have made no decisions on the design, size or price of the homes.
“Our submission is simply to subdivide land and extend/upgrade an existing road for access,” he said. “Ultimately, the price of the homes will be informed by several factors, including the scope of the approvals, the time it takes to get approvals, and the market conditions at the time of approval.”
“Woodstock Fire and EMS are struggling to keep enough volunteers to respond to the current level of calls within the town,” said Keisha Hoerrner, WLC communication and outreach manager. “The town is already having to hire paid EMTs and paramedics to staff ambulances due to a lack of qualified volunteers, so adding calls from the Town of Ulster is only going to exacerbate this challenge.”
In addition, the taxes that pay for the fire department budget won’t be coming to Woodstock, she said. And a lengthened Eastwoods Drive is going to be unsafe for fire trucks and ambulances to travel.
Hoerrner’s husband is an EMT, “so I hear firsthand about the challenges of navigating a narrow, curvy road with no street lights and all kinds of weather conditions,” she added.
Hoerrner called attention to safety concerns posed by having a single exit in the event of natural disaster. She cited an Eastwoods Drive resident who was unable to leave for 15 hours when a tree fell across the road.
The developers have proposed a payment to cover the increased costs of Woodstock’s fire department, but Jeff Delisio, chair of the fire commissioners, said there was currently no mechanism to guarantee first response to another town. Woodstock’s response would be through its mutual-aid agreement with the county.
Zena Highwoods Road resident Zoe Keller noted the impact to wildlife and spread of invasive species. She said she had last year counted “over 50 species of invasives just along the half-mile stretch of Zena Highwoods between the intersections with Sawkill Road and Eastwoods Drive.”
Stop Zena Development is planning a block party on Lauren Court off Zena Highwoods Road on May 3 to rally support. Music and food are planned.