2-2 Tie Leads to Denial of Appeal
After two public hearings and a short deliberation last month, the Zoning Board of Appeals (ZBA) issued a decision last night. Following a short discussion where only two of the four ZBA members asked any questions or participated in the discussion, the ZBA voted to deny Woodstock Land Conservancy's (WLC) appeal.
ZBA Chair Gordon Wemp and member Michael Castiglione voted to uphold the Zoning Enforcement Officer's (ZEO) determination to Zena Development, while Joe Belluck and Judith Sillato voted against it. Belluck and Sillato agreed with WLC, but a 2-2 tie automatically meant that WLC's appeal was denied.
The ZBA attorney explained that ties always result in a denial.
ZBA members agreed WLC had standing to appeal, because it is a contiguous land owner to the proposed development. They also agreed the appeal was issued in a timely manner, and that it should have been reviewed. Still, two of the four members present were comfortable denying WLC's appeal. Castiglione said nothing about why he was voting against the appeal. Wemp asked about Sillato's assessment that "a road in Woodstock leading to a road in Ulster contravened Woodstock's zoning laws," but he never gave a direct opinion on why he was voting against WLC's argument.
The Zoom recording of the meeting should be posted by the town in the coming days, but it may be challenging to watch. Several of the ZBA members consistently failed to talk in a microphone, making it difficult for Zoom participants to keep up with the discussion.
What happens now? The fight is far from over! Zena Development now needs to follow the ZEO's determination, meaning the next step is the Woodstock Planning Board.
We will keep you posted on the developments and how you can help us save 625 acres. We will need your financial donations to continue to engage our legal team. We will need your presence at Planning Board meetings. We will need your voices to help spread the word to your neighbors, colleagues and friends about why this fight is so important.
Thank you for your consistent support in 2024. We wish you the best during this holiday season and look forward to seeing you in 2025.