The Woodstock Land Conservancy [WLC] is trying to stop Woodstock’s review of the proposed Zena Homes subdivision in the Town of Ulster, a move the developers attack as a baseless delaying tactic.
The entire subdivision proposed for Ulster by Zena Homes is only accessible through Eastwoods Drive, a private gravel road in the Town of Woodstock.
Victoria Polidoro, attorney for WLC, has asked the Woodstock ZBA to appeal zoning enforcement officer Francis “Butch” Hoffman’s May 24 determination that an extension of Eastwoods Drive requires site-plan approval, that it must comply with state fire codes and that it requires a wetlands and watercourse permit.
Whose house rules should be followed first, Woodstock’s or Ulster’s?
Citing prior case law, Polidoro argues the road and subdivision, which together straddle the two towns, must follow the regulations for Woodstock’s more restrictive R3 zoning district, which requires a minimum of three-acre lots, below the density of the proposed housing subdivision in the Town of Ulster, which is zoned for lots about half that size.
“Land within the R3 district is generally at a slope of ten percent to 15 percent, and includes those areas identified as ecologically sensitive areas by the town’s open-spaces plan,” Polidoro continues. “A review of the bulk regulations for the R3 district illustrates that this project is not allowed, as the R3 district emphasizes low-density development with no more than one unit per three acres.”
The project would not be permitted in Woodstock, and the road extension providing access to it wasn’t permitted, she concludes.
Developers Evan Kleinberg and Eddie Greenberg have proposed a 30-lot subdivision on a 106-acre portion of land in Ulster. They say they have no current plans to develop the remaining 500-plus acres in Woodstock.
Last year, they had proposed under the name Woodstock National some 190 homes and townhouses, an 18-hole golf course and a helipad. That was scrapped after strong public opposition.
Polidoro argues the use of land in Woodstock should not provide access to a use in Ulster prohibited by Woodstock zoning law. She cited BBJ Associates LLC v. Zoning Board of Appeals in the Town of Kent, where the developer wanted to construct a multi-family project on an 80-acre portion of land in the neighboring town of Carmel. Zoning in Kent only permitted commercial and single-family use.
A state appellate court ruled construction of the access road to serve a multi-family use was in violation of Kent’s zoning law.
Polidoro also cited Partition St. Corp. v. Zoning Board of Appeals of City of Rensselaer in which the court held a road in Rensselaer to access a landfill in the Town of East Greenbush violated Rensselaer’s zoning since the road was in a conservation area.
The developers say the WLC’s argument doesn’t apply, as the road will no longer be private.
“They are citing case law which prevents a private driveway from providing access to another municipality where the use is not allowed. In our case, the land we own in both Woodstock and the Town of Ulster are zoned for residential use,” developers Kleinberg and Greenberg said in an emailed statement. “Also, our road will be approved by the planning board as a minor subdivision, already included in our submission, therefore no longer classifying the road as a private driveway, further disqualifying the appeal.”
The developers said they had communicated this information directly to the WLC in the spirit of cooperation. “We believe that a ‘winning’ argument is not their intention at all,” their email complained, “but rather this is a typical delay tactic aimed at disrupting the review process, wasting taxpayer dollars, and our towns’ resources.”
Join the family! 
