Just doing its job
Cappello talked about how he argued, in his Article 78 case against the ZBA decision regarding double uses on the Hanowitz property, that enforcing their decision properly would result in the closing of half the town’s businesses. He suggested the problem was much bigger than an in-house battle between zoning entities.
Shultis Jr. says he stepped back from his role as planning board chairman last autumn partly because of cases such as those surrounding Cucina, and the growing number of Zoning Enforcement Officer interpretations he disagreed with. And yes, he admitted having bias in such cases, and noted that his father made his own number of favored interpretations for friends.
“Everyone wants to be pro-business, but what do you tell people who had to go through a full process 10, 15 years ago — that it’s no longer needed?” he asked. “The ZBA was just doing its job. We have a zoning officer who can’t seem to interpret the law and won’t enforce what the ZBA or planning board determines. I’m afraid of how the lawsuits are going to pile up. If the town board doesn’t do anything here, if they ignore this, it throws the zoning in this town into disorder. With no enforcement, it’s going to be a free-for-all….”
“I’m surprised about the ZBA’s behavior,” was all that Town Supervisor Jeremy Wilber would say, when asked for a comment. “I do recognize the problem.”++
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!