Laws and land: Woodstock weighs Animal Sanctuary status

Woodstock’s town assessor, Marc Plate, informed the board that, for the purpose of local assessment and taxation, the WFAS is classified as a residence with an agricultural use; the town lacks a computer code for “animal sanctuary.” The sanctuary’s Van Wagner Road property contains the house in which Abel and his wife, WFAS cofounder Jenny Brown, reside, as well as outbuildings for the animal population.

Impact of growth

The WFAS has expanded since its founding in 2004. The sanctuary currently houses approximately 180 animals, including cows, sheep, goats, pigs, turkeys, chickens, ducks, and geese. In order to comply with a ZBA ruling related to its plan to erect an array of solar panels, the sanctuary last year consolidated the accessory buildings on the property, reducing the total from 14 to 10.

In recent years the WFAS has modified its facilities and conducted public events under the terms of a special use permit (SUP) issued by the Planning Board following complaints by Leonhardt and other neighbors about intrusive noise, traffic, and dust.

The current SUP, which is a revision of an earlier version, is scheduled for a review by the Planning Board next February.

“I have no issues with the SUP,” said Abel in the interview. “As currently worded, it doesn’t step on any agricultural use.” He added that he expects the board to renew the SUP unless violations are detected.

In Leonhardt’s view, prevailing state law might permit the WFAS to increase, free of any town-imposed restrictions, the number of animals it shelters, the number of buildings on its property, or both. Apart from its detrimental effect on the principle and practice of municipal home rule, said Leonhardt, such an outcome would exacerbate the negative impact of the sanctuary’s growth on the neighborhood.

“The practical goal is to keep the scale down,” said Leonhardt in a September 19 interview. “That is the main issue. The scale of the impact is totally related to the scale of the (sanctuary’s) operation.” Abel, in response, maintained that the WFAS has no plans for further expansion. “As far as we’re concerned, the farm is done, completed,” he said. Moreover, the state law would exempt only sheep and chickens, the only animals involved in the sanctuary’s generation of farm-related products, from restrictions on increases in the animal population.

Leonhardt and Abel differed on other points. Abel described the process of securing the county’s approval for inclusion in an agricultural district as arduous and time consuming. In contrast, Leonhardt said that a county planning official informed her that her own six-acre parcel could readily qualify for an agricultural variance if Leonhardt merely sold some hay grown on it.

On another subject, Leonhardt maintained that tests have found that water in the neighborhood, formerly rated “safe,” has become “undrinkable” as a result of the sanctuary’s activities. Abel deemed that allegation “patently false,” adding, “Every time Gay gets up there, she lies.”

For his part, the town attorney, Futerfas, pledged to advise the town on a course of action following his assessments of the matter’s legal elements. “I will review all this and determine whether it would be appropriate for the town to contact the state,” he said. “It looks as if the Department of Agriculture and Markets is taking a position that limits the capacity of Woodstock’s zoning law to deal with certain issues. That’s how state law works.”

Grease trap law passes

In other business the board unanimously adopted a local law that clarifies and bolsters the town’s regulation of restaurant grease traps (see Woodstock Times, September 13, 2012). The Town Board also confirmed its plan to hold a special meeting at 4 p.m. Thursday, September 27, at the Comeau Drive offices, for the purpose of opening bids for the installation of a sprinkler system and an alarm system at Town Hall, which is undergoing a renovation. Woodstock supervisor Jeremy Wilber announced that he may present a preliminary version of the 2013 town budget at that time.