A state Supreme Court judge temporarily blocked the Town of Ulster from moving ahead with its review of Zena Homes until the town answers a zoning question at the center of the dispute: Does the Planning Board have authority to review the project, or does the Town Board need to take it up instead?
The decision, issued June 2 by Judge Kevin R. Bryant in Ulster County Supreme Court, does not approve or reject the proposed 30-lot subdivision. It pauses the town’s site plan review, subdivision review, and other land-use actions until Ulster issues the zoning interpretation requested by Woodstock Land Conservancy.
The ruling is a victory for the conservancy, which asked the town in February to determine whether Zena Homes’ “scope, scale, and complexity” required review by the Ulster Town Board, rather than the Planning Board. The conservancy filed its lawsuit in March after the town declined to issue a formal response.
The lawsuit was brought under Article 78, a New York court process used to challenge government action or inaction. In this case, the conservancy asked the court to compel Ulster to answer the zoning question before the project review moved forward.
It was unclear how long the injunction would delay the review of a project that has already been under consideration for years. Bryant’s decision says the injunction will remain in place until the town issues the requested interpretation.
Bryant denied motions by the town and Zena Development LLC, the developers known as Zena Homes, to dismiss the conservancy’s petition. He also granted a preliminary injunction barring Ulster from taking further action until the town issues the zoning determination.
The decision underscores another procedural hurdle for Zena Homes, a long-debated housing proposal that has drawn opposition from Woodstock residents and environmental advocates. Although the project is before officials in Ulster, the subdivision would be reached only through Eastwood Drive, a road in Woodstock.
The Woodstock Town Board raised those concerns Tuesday night, June 2, when it voted to send a letter to the Ulster Planning Board saying the project could strain emergency access, road infrastructure, environmental resources, and Woodstock services. The project is located in both towns but would be “accessed solely through the town of Woodstock,” according to the letter read by Supervisor Anula Courtis.
The letter said Eastwood Drive does not meet Woodstock’s road standards and was not designed to handle traffic from 30 additional homes. The road now serves fewer than 11 homes and is classified as a minor road under Woodstock code, while roads serving 11 or more lots are subject to stricter standards, according to the letter.
Woodstock officials also said the road is unpaved, as narrow as 13.5 feet in some areas, and lacks shoulders. The project would rely on a single access road, raising concerns that a fallen tree, accident, or other blockage could impede emergency response or evacuation.
Eddie Greenberg, speaking for Zena Homes’ project team, said in an emailed statement that the decision was “not about the merits of the project” and would result only in delay.
“The Court did not find any zoning violations, any SEQRA violations, or any defect in the application,” Greenberg said. “This lawsuit is about a procedural interpretation and results in one thing: delay.”
Greenberg said the project had already been reviewed for years by town officials, engineers, planners, environmental consultants, and emergency service professionals. He characterized the lawsuit as part of a broader effort by opponents to slow the project through procedural challenges.
“We remain confident that once this procedural issue is resolved, the project will continue to move forward based on the facts, the law, and the merits,” Greenberg said. “No matter how many procedural obstacles are placed in our path, we will not be deterred.”
Bryant wrote that, without an injunction, the review process would continue and the conservancy would be harmed by being denied the opportunity to participate in an “inclusive process.” The injunction will remain in place until the town complies with the court’s order to issue the zoning interpretation.
Noah Eckstein is the editor-in-chief of The Overlook. Send correspondence to noah@theoverlooknews.com.
