The big picture?
Ellen Casciaro, the Woodstock Building Inspector and Zoning Enforcement Officer, spoke at length about the history of the Riseley property in question, and how her predecessor Paul Shultis Sr., who passed away in late 2009, allowed dual uses in the red barn. She said she issued Cucina a demolition permit for their project on December 22, 2011, and a building permit on February 16, 2012. The ZBA first publicized its interpretation hearing, called for by Schauffler, on March 15, then held a public hearing on the matter on March 22, with no representatives from Cucina present.
“I’m allowed to make my decisions. I’ve been working with the Woodstock zoning law for 12 years…I acted in good faith,” Casciaro said, after noting how Shultis Sr. had represented “one breed” of Zoning Enforcement Officer now disappearing from state zoning circles, and his 18-month follow-up Paul Andreassen was another. “I felt what Cucina wanted to do was good for the property, bringing together its uses…It comes down to whether you look at the minutiae of the law or the big picture.”
Zoning Board of Appeals Chairman Howard Harris, however, stuck by his decision…and his board’s ruling as protecting the town zoning laws as they presently stand.
“A neighbor had a problem. They made an application for an interpretation of a decision that had been made by the zoning enforcement officer,” Harris said. “There are two issues here — one involving a case that should have been referred to the planning board for review. That wasn’t, as well as the fact that the use that was granted a building permit is not an allowed use in that building.”
Investigation into the Cucina case, via interviews with nearly a dozen participants and observers in town government and from the pool of those voicing similar problems with zoning issues of late, revealed that an initial meeting on the red barn renovation now in question occurred last August, on the day Hurricane Irene roared through town.
According to an e-mail from Planning Board Secretary Therese Fernandez to a Cucina supporter who wrote a letter to a local newspaper with assertions she felt needed correction, later made public, it was noted that Freedman at first “pitched” the idea of an outdoor café to then Planning Board chairman Paul Shultis Jr., in attendance with fellow planner Lorin Rose and Town Planner Alan Sorenson. It was also mentioned that Casciaro had informed Freedman, before the meeting, that parking issues at Cucina would have to be addressed.
Shultis Jr. said this week that the Planning Board authorized a report on Freedman’s plans, completed at a $1500 cost to the Planning Board, which resulted in a variety of opinions and one agreed matter — that no matter what Cucina decided to do, they would need to come back before the Planning Board for site plan review, and approval, before moving on.
That never happened.
“I asked Alan (Sorenson, town planner) to think out of the box on this, and whether anything Cucina was thinking about — including a catering hall — would be permissible for an accompanying use,” Shultis said. “There were questions about parking behind the red barn, part of an earlier site plan for the property, that had never been finished…He asked Ellen Casciaro questions about her interpretation of the town zoning law and she never got back to him except to say that she agreed with his opinion.”
Fernandez’ timeline of the Planning Board’s actions regarding the Cucina catering hall states that a copy of Sorenson’s report was sent to Freedman.
“After that, the ball was back in Lois’ (Freedman) court. The Planning Board was out of the loop and would remain so until the ZEO (Zoning Enforcement Offer) would refer a complete Site Plan Review and Special Use Permit application to them…and that never happened,” Fernandez wrote. “In February of this year, the Planning Board received a partially-completed Site Plan Review application from architect Barry Price, filed on Lois’ behalf, but this had not been formally referred to the PB by the ZEO (Zoning Enforcement Officer)…It is my understanding that, at this point, Lois changed her plans somewhat for what she wanted to do in the space so she could avoid having to go through the Planning Board application process, and the Site Plan Review/Special Use Permit applications and referral were deemed not necessary by ZEO Casciaro. Ellen then issued Lois a Building Permit to do work in the barn.”
Freedman later pointed out that she and co-owner Gianni Scappin changed their plans from a café to a catering hall because it meant less work as they embarked on other projects, and had nothing to do with planning board approvals.
“We had an architect who was dealing with those issues,” she said. “I didn’t even know we had a problem.”
Fernandez, meanwhile, reiterated that the August 2011 session Freedman attended with Shultis, Rosen and Sorenson was an informal meeting set up “merely as a courtesy in order to brief Lois on what any applications to the Planning Board might involve, depending upon her final business plan for the barn space.”
That the ZBA would do this to a local business who has done nothing but help our town, just to flex their petty power muscles is abhorrent! I am calling for the town board to remove all 5 members of the ZBA at once and replace them with people who can take a reasonable and holistic approach to each and every matter before them. This out of control board is costing our town precious resources, both financial and human. There is simply no place for this kind of hateful behavior from a body that is appointed to make decisions that are supposed to be best for our town. Get rid of them now at once!
So Mark, tell me, it’s not a reasonable and holistic approach to uphold the law when the Town Board and Building Department have failed to do so? Let’s get to brass tacks here. The zoning law allows certain uses in certain zones and prohibits certain uses in certain zones. Restuarants and catering halls are not allowed in this zone. They are prohibited. Non-conforming uses, such as Cuncina are not allowed to expand. One non-conforming use is not allowed to change to another. When changes are allowed site plan review and architectural review are required. All these steps – required by law – have been ignored. Your solution would be to axe the people pointing this out rather than the people causing the problem.
There is a reasonable and holistic approach, but not the one you are suggesting. It’s called comprehensive planning followed by zoning law amendments that would allow this use if the community wants it – Not simply ignoring the law and granting people you like carte blanche to do what they like. The only people who should be axed are those encouraging behavior that ignores the law and it is a damn shame that innocent by-standers like Cucina are in the middle of this.
I am sorry that you feel that the ZEO who is the ONLY person employed by the town of Woodstock is incapable of interpreting the law she is paid to uphold. It is her job to decide if Cucina needed a site plan review. She did her job and that is final. The ZBA has no business over riding her. She has over 12 years of experience with our towns zoning law. That should be the end of the story, period!
Incapable is your word. Not mine.
I don’t think I “feel” anything, Mark. I know. I know that the use is a pre-existing, non-conforming use. I know that the uses on site have been modified in the past in ways not in keeping with the zoning law. I know that the uses have been expanded in the past. I know that a pre-exisitng non-conforming use in Woodstock is allowed a 25% expansion from the time in was made non-conforming. What I doubt is that they have any capacity left on site to do that. And I certainly know that if it is allowed an approved site plan, CCD review and any required variances must be issued prior to the issuance of a building permit.
And actually, Mark, it is the ZBA’a job to determine whether a ZEO determination is correct or incorrect. Hence, the word “appeal” in their title. And you certainly can’t consider an appeal without interpreting the law. They are the first step before a neighbor – and neighbor’s spend money on their properties too Mark – can file and Article 78 with the State.
In point of Fact the ZEO is extremely capable. She has the ability to understand ALL the issues at hand and make the best judgement possible. It is rationale like yours that will bankrupt the town and the business people in this town. If the ZBA had to pay to defend these needless lawsuits, maybe the ZBA would think twice before rendering such absurd rulings! Instead the ZBA simple tells the taxpayers to pony up. I believe that Judge Mary Work admonished the ZBA in the Hanowitz case for being reckless in their rulings. And who got to the neighbor anyway? How could she be fine with VIVO and their late night parties, and yet not fine with Cucina which will only use the site once or twice a week at the most? Maybe someone coached her??????? Could someone have a personal vendetta here? If it walks like a duck and quacks like a duck……. The whole thing stinks and the ZBA is out of control!
Cucina is a beautiful restaurant with fine food.The Red Barn looks much better since Cucina took it over and provides a beautiful entry to Woodstock. Since the Playhouse reopened and is also beautiful and comfortable and has had many shows and serves the Film Festival also, the ability to get catered food from Cucina annex is a real plus for the town and will enhance entertainment here. Hooray for Cucina. The Chamber of Commerce should support this wonderful facility. The Zoning officer is right to issue permission.The revenue generated will help the town and encourage other building owners to upgrade their property.
Seventeen requests for approval by Cucina is absurd.Gateway Project should support upgrading facilities and particularly where a needed catering service for events at the Playhouse is concerned. Cucina is connected with cultural activities.We taxpayers do not wish to fund lawsuits against good neighbors.If only more of our businesses could expand and grow thanks to prudent investors that believe in this town!