Seeking ‘clear direction’
Sorenson’s actual two-page report of August 29, 2011 does not make any definitive statement other than to ask Casciaro questions: Does she agree that the restaurant use in the Gateway District is legal, and Freedman’s characterization of her proposed café/catering business is hence legal? Or was the use new, triggering Gateway Overlay review?
It also states, straight out, that, “There is a legally established restaurant on the subject site and the extension of the lawful use (e.g. by way of adding an accessory café within the barn) appears to be permitted…”
Sorenson closed his letter to Casciaro by stressing that her answer was needed “so the Planning Board can provide the applicant with clear direction as to how to proceed with their application.”
Casciaro’s reply, dated September 11, 2011, states that she agrees with Sorenson’s interpretations and that she thinks “a combined use for this particular parcel would benefit the Town’s vision for the Gateway District.”
A copy of that correspondence was sent by Casciaro to Town Supervisor Jeremy Wilber on April 16 of this year.
Casciaro, who spoke at some length about other decisions she’s made that have been countered by the ZBA, said she feels her authority has been undermined by the board and others in town government since she took the position last October. In an article in February, 2012, Casciaro spoke also about how she felt when she temporarily filled in at the Zoning Enforcement Officer position when Shultis Sr. passed away, but was then overlooked in the subsequent job search that resulted in Andreassen taking the post.
“I can debate a lot of things,” she said in that February Times article. “Paul Shultis had one way of approaching zoning by posturing, whereas Paul Andreassen would announce, ‘This is ridiculous,’ about a number of things. Me, I understand both sides…and that all zoning is up for interpretation. If someone doesn’t like my ruling, they can always go to the planning board or zoning board of appeals.”
“It seems like they’re trying to politically embarrass me,” she added this week about recent ZBA interpretations that have included a reversal of her order allowing retail sales at the Woodstock Animal Sanctuary, as well as an Andreassen interpretation she inherited, and seconded, involving the Hanowitz case in Wittenberg that led to some zoning changes but remains in litigation.
Nine interpretation requests in 2011
“This isn’t a new issue,” said attorney John Cappello of Jacobowitz and Gubits, who is handling the Hanowitz, Animal Sanctuary and Cucina cases. “The ZBA and planning board are rendering decisions that put the zoning enforcement officer in a bad position by setting new precedents, basically rewriting the laws.”
He added that the problem is that Woodstock has a zoning code that often contradicts itself and is ambiguous in places and sides with neighbor complainants as much, if not more, than property owners…and that usually the reverse is true, with property rights trumping the most restrictive interpretations.
Casciaro backed up these notions by talking about how she wanted to help Woodstock by making it more business-friendly. As a result, she calls decisions she’s rendered that have allowed gift sales at the not-for-profit animal sanctuary, that allow for more solar panels around town, or that solve a longstanding business problem at a site such as Cucina “no-brainers.”
Harris explained the ZBA position.
“Ellen can interpret the law anyway she wants to. It is her right as the Building Inspector and Zoning Enforcement Officer, no one can question that. But the public has the right to ask the ZBA to interpret her interpretation,” Harris said of the Zoning Board of Appeal’s purview, and action in the Cucina and other cases. “We’re not allowed to meet with people who haven’t submitted an application.”
Harris spoke briefly about a previous 2010 case involving the red Riseley barn next to Cucina, where the Commission for Civic Design became involved with a battle concerning the painting of a yellow starburst on the structure. Again, it was a matter involving a Zoning Enforcement Officer decision…but the ZBA never became involved because they were never asked for an interpretation.
“Personally, I felt that matter should have gone to the planning board,” he added. “But it ended up being more like what they say about a tree falling in the woods. Does it make a sound?”
Harris said that he’d noticed a lot more interpretation activity, versus regular ZBA variance requests, in the past year. ZBA Secretary Lynn Schwerert read a list of such actions starting in 2005, when there were two interpretation requests, four in 2006, three in 2007, one in 2008, none in 2009, one in 2010, but up to nine in 2011 and two so far this year.
Casciaro, meanwhile, said that she was standing by her interpretation. Harris said there was little he could do to help Ellen enforce the law…that was in the town board’s purview.
“What should be done? What will be done? I can’t tell you,” said the former New York City police investigator. “Normally here, what seems to happen is the Zoning law should get changed so that the new place would open up and life would continue. How many things in this town are illegal now already? The ZBA is not the police, we are a relief valve for the public when they have zoning issues”
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!