CATANIA, MAHON, MILLI~RAM & RIDER, PLLC ATTORNEYS AND COUNSELLORS AT LAW

JOSEPH A. CAT ANIA, JR.

RICHARD M. MAHON, II (DC, AZ)

STEVEN I. MILLIGRAM (NJ)

MICHELLE F. RIDER, CPA (FL)

PAULS. ERNENWEIN

JOSEPH G. McKAY

MICHAEL E. CAT ANIA (NJ)

SEAMUS P. WEIR

ARI I. BAUER

RICHARD F. LIBERTH, Rl:71RHJJ

HOBART J. SIMPSON (1975-2016)

(ALSO ADI\IITIED IN)

Writer's Direct No. (845) 569-4377

ONE CORWIN COURT POST OFFICE Box 1479

NEWBURGH, NEW YORK 12550 TEL(845)565-1I00 FAX(845)565-1999

TOLL FREE 1-800-344-5655

703 ROUTE 9, SUITE 5 FISHKILL, NEW YORK 12524

TEL (845) 231-1403 FAX (845) 565-1999 (MAIL AND FAX SERVICE NOT ACCEPTED)

I 00 RED SCHOOLHOUSE ROAD. SUITE C-12 CHESTNUT RIDGE. NEW YORK I 0977

TEL (845)426-7799 FAX (845) 426-5541 (MAIL AND FAX SERVICE NOT ACCEi'TF.D)

E-MAIL: cmmr@cmmrlegal.com (FAX AND E-MAIL SERVICE NOT ACCEPTED)

www.cmmrlegal.com

July 2, 2018

VIA CERTIFIED MAIL AND EMAIL (builcling@woodstockny.org) Town of Woodstock Building Department 45 Comeau Drive Woodstock, New York 12498

Att'n: Ellen Casciaro, Building Inspector

SPECIAL COUNSEL

JAY F. JASON (MA)

ROBERT E. DINARDO

SHAY A. HUMPHREY

JEFFREY S. SCULLEY (IL)

MARK L. SCHUH

LIA E. FIERRO

ERIC D. 0SSENTJUK (NJ)

MICHAEL R. FRASCARELLI (NJ)

JOHN W. FURST

EDWARD F. KEALY (NJ) ERIC SANTOS EVE I. LINCOLN NICHOLAS C. LOZITO GEORGE L. KIAMOS

(ALSO ADMITIED IN)

Writer's E-Mail jfurst@cmmrlegal.com

RE: Construction activity at The Lodge at Woodstock 20 Country Club Lane (S-B-L 27 .14-2-15.1) Our File No. 13449-64863

Dear Ms. Casciaro:

We represent James D. Cohen who owns a home at 45 Millstream Road within the Town of Woodstock. Mr. Cohen's home adjoins the property utilized by The Lodge at Woodstock ("The Lodge"). His residential property shares an approximately five hundred (500) foot boundary with The Lodge. The Lodge operates as a non-conforming commercial use located within the Town's R-3 Residential Zoning District. The Towns' R-3 Zoning District is a low-density residential district which includes areas of "ecologically sensitive areas" (see, §260-7.C of the Town's Zoning Code). In addition, pursuant to New York state case law, generally nonconforming uses are to be gradually eliminated over time because they are deemed detrimental to the comprehensive plan and local zoning scheme.

According to Town records, The Lodge includes a mix of commercial uses such as restaurant/bar and lodging rooms. However, it appears The Lodge is in the process of illegally expanding its commercial non-conforming uses. This past Spring, Mr. Cohen wrote

CATANIA, MAHON, MILLIGRAM & RIDER, PLLC

Town of Woodstock Building Department Att'n: Ellen Casciaro, Building Inspector July 2, 2018 Page 2

two separate letters to the Town inquiring about the construction activity at The Lodge and the status of the Town's approval process. However, the Town has ignored these letters (attached as Exhibit "A" is the letter dated March 19, 2018 to you and the letter dated April 30, 2018 to Supervisor McKenna).

We urge the Town to investigate these construction activities; and where necessary, the Building Department should issue stop work orders. As detailed below, we believe The Lodge's construction activities are illegal and, at a minimum, require site plan approval by the Planning Board.

The Initial Planning Board Application

In August of 2016, The Lodge submitted a site plan review application to the Planning Board: (1) to expand the existing buildings and restaurant/bar areas, (2) to add more off-street parking and vehicular access on the site, and (3) to install a pedestrian walkway, landscaping and other site utility improvements. Under the Town's Code, the expansion of a building or structure housing a non-conforming use is limited to 25% and the expansion cannot violate any existing setbacks (see, §260-94.B). In addition, any changes to a commercial property, like the Lodge, requires site plan approval from the Planning Board (see, §260-74.A).

Based upon my review of the Planning Board's files, there were many issues with the application. These include not only non-compliance with the Town's current zoning laws, but also consist of violations of conditions set forth in prior Planning Board and ZBA approvals. After approximately eighteen (18) months of going back and forth with the Planning Board and trying to determine exactly what variances were needed, The Lodge's site plan review application was put on hold in February /March of 2017.

Building Permits Issued for Limited Work

Despite the lack of any site plan approval, The Lodge proceeded to submit building permit applications in the late summer of 2017. The building permits issued by your office were limited to the repair of existing buildings and associated septic systems, as well as the rehabilitation of an existing swimming pool and surrounding deck. Certificates of Occupancy have been issued for the building and septic work, while the swimming pool and deck work have not yet obtained a certificate of completion.

The Unauthorized Expansion of Work

However, it appears The Lodge is now engaging m increased and unauthorized grading and construction activity on its property. More specifically, The Lodge has cleared, graded and increased parking and vehicular access at the property. Attached as Exhibit "B"

CATAN IA, MAHON, MILLIGRAM & RIDER, PLLC

Town o f \Xloodstock Building D epartment f\tt'n: E llen Casciato, Builcling Inspector July 2, 201 8 Page 3

are recent p ho tographs showing the current construction activity that appears to be beyond the scope of the limited work approved by you. These photographs depict a much larger parking and vehicular access area then what is shown o n the existing conditio ns plan dated January 25, 2017, which was prepared by The Lodge's architects and submitted to the Planning Board. In fact, the construction activity appears to be very similar to what The Lodge showed in its proposed site plan (dated J anuary 25, 201 7) submitted to the P lanning Board . The Planning Board was never given the opportunity to review and approve these proposed plans, but the constructio n activity continues.

In adclitio n, over the winter, Mr. Cohen no ticed the installatio n o f new outdoor lighting fixtures chat now shine onto his property. Neither the o utdoor lighting, nor adclitional parking/ access areas, were approved by the Planning Board. Indeed , regardless o f whether site plan rcYiew is required , all ligh ti ng is still regulated under the Town's Code (see,

§260-29.C "Glare and Heat") and the on-s ite scream and any we tl ands would be pro tec ted under the T own's We tlands and Watercourse Protection standards (sec, §260-34). Storm­water is also regulated by the ew York State Department o f l•'.m· ironmcntal ConscrYa tio n. As part o f the site plan review p rocess the Planning Board, and its consulta nts, would have reviewed lighting to ensure it was dark sky complian t as we ll as reviewed the proposed gracling to ensure the work was compliant with local and state storm wa ter regulatio ns. Issues like parking layout, access, tra ffic, protec tion o f the o n-site scream and landscaping/ screening would have also been addressed via the site plan review process. This is especially important given the fac t The Lodge is operating as a commercial no n­con forming use in a residential zone.

The Lodge's Attempt to Evade Compliance

Instead, The Lodge has circumvented the P lanning Board and began segmenting and piecemealing its commercial expansion to avoid addressing these very basic site plan elements to the detriment o f the adjoining residential neighbors. f\s stated in the Town's Zoning Code, except or 1 or 2 family dwellings and agricultural uses, site plan review is required for all other uses (see, §260-74.J\ ). The Lodge has completely disregarded the Town's site p lan review procedures when it clearly p lans to eventually expand this commercial no n-conforming use. T herefore, we ask that you issue a stop work order on all construction ac tivity at T he Lodge unti l: (1) site plan approva l is granted by the P lanning Board, and (2) The Lodge shows com p liance with all the Town's app licable regulations and standards (i. e., lighting, wetlands/watercourses, sto rm wa ter, landscaping/ screening, etc.).

CATANIA, MAHON, MILLIGRAM & RIDER, PLLC

Town of Woodstock Building Department Att'n: Ellen Casciato, Building Inspector July 2, 2018 Page4

Enclosures

cc: Town of Woodstock Town Board Town of Woodstock Planning Board

JWF /jah/1539939

EXHIBIT "A"

--~~ MU NW..,...,St'"1. Pia*'• a,-m10

Mllfdtlt.Jml

~ ..... Department Geomu..Drw WoodlCoclc.i NV 12491 Mtft: !lle9I c.atdllro

lJpon fllGI01tv murnir'II to WOodt'tvt- fot , vhlt 11ve nmlced IK»fM' 11~tt-n~ durt;iei ~ff 1.akt:n llllOt on ptQplfty ~ to my ~l)el'l\' ,t 4$ Mllh.trNm bild. 1· M .- ting fOdlllit with 11!'~rd1 \.C

CGnamt of Ind Min pl4!,u for T~ ~ ~ ~tff at 10 t'*'lil:tV Oi,b ~ WOGdl«)C~ Nif

UlrM. Why_. lbt 1~ .allowed tow~ Ttt. Jtte i,lsn 11nur :Z&0-74 arn1 ~ii be 1'4u!d

~piltm,tu) Addtltonllll', I wowtd IQ ta la1CIW "ou~ lllftitlna 111teml!W\' rr •ntly lnst~IINI I\ In

ICCONMnc. of fllldion H0,.2'91'11CtUlfWMnl1? .,_. earam LI gJ pDt.lRtW lncreutd &Ur iW'tthout Pfetplt" ~O'Alll/~mlt. ~ i"fl~ ra11Jt ,._

bla, .... ,_,. tltll/t,t: ....... tUUH dwc,ypoc,d wlul affNrt)dv 1:11 ~eaful ~~,t.11 ff.'I

llffles o. Cohen 1Jll:J NW Northrup Str-eet Pordal"ld... OJI 91210

town of Woodslodc AS~uDrivt W~NYU,tH Attn; ~'°' BUI ~l(;l;-M.1

I'm wr1tln1 "'°" duf to a Ind: or rl!1J'iOMI' trom tht luildln1 Dlts,11flmc-f\t ,.a ""l' kPUfl cir Mil~h 19th With ,.rd tGJ TM~ 1:u:ol)t~ loc:.alrd 11, 26 toont,v(h,,1b L•n • WOQditoo~ ... l'lfY' 12498, J'v ••~ ii aipy c,,r the ~ttr fot ~ut D!tf8tnn.

At thlJ tflne I Mic wti.11 is dM!' Jm)pe,r ll¥1t1:liac:' for ii tillqNl'p't'r tm ril!tel~ ii ffll!t.JJ'JCASil!' trcrn thil!' to.wn ,Qelf enf0fffm4ffl offin-1 w,ft, r~rd to my q,,ntlmm uid tl!NMStrm. ieorit~ntd wllbln Ill¥ l,:,,t{'r'il'

A~. It hn btieom• app.al'fflt ckt~n ln1 of t!'f!H ind underllnin,l'I ,1~ Wllll ~" ~nt.,1glng af 9arfdt11 iltTiJ his uilwn pliita! IHl The L.odae p!IOP'll!'tv , would lllce to tP10W If thm a¢tlorr, ttqul~ t1uildln1 perrntu which WOllld hav.e been ~t~ :,c;eral!tlfti& to rei~nabltt l'ta,~r .. le pr~t thtJ IP'ac.rut ftltul"I of thk rn~tn~ ere11 had flhll EtW'fllltfJ been 11eciutftd ra 1a, rN(lu1l'I th~ full tlu: plan Pf'l)C,fl1,1

t ~~a wrlttt!!n re5p0nse by TUdlil'\', Mil~ 15. If ntO 116pame ii ~e~ I N~ betn tdvlud ta forwltd to ttpta1~whlch ha bffn, llrin,c all (.'O Sipctndvnc.e.

Jifflllt. o. Cohen

CC;~ Tawn Bolfd Woodllodc PhMlftt lc,\ar,d CMMR,.plk

EXHIBIT ''B''