Update from Stop Zena Development: DEC Will Decide Who Leads Environmental Review of Zena Dev Proposal

Both Ulster and Woodstock Vie for Lead Agency Status

The Woodstock Planning Board voted unanimously last week to take the lead in the state-mandated environmental review of ZenaDevelopment's proposal. It's a process known as the State Environmental Quality Review (SEQR), and it is an in-depth study of all the possible environmental consequences if development is allowed on any or all of the 600+ acres. Think of it as the only opportunity for the eagles, bats, trees, wetlands, native plants, vernal pools and forest floors to have a voice in this long process.

The Woodstock Planning Board's exact action was to signal its intention to serve as "lead agency," the governmental entity that will be in charge of the full environmental review. Since the Town of Ulster's Planning Board has also sought lead agency status, the New York State Department of Environmental Conservation (DEC) Commissioner will now make the final decision. [We want to pause here to say a big THANK YOU to everyone who contacted the Woodstock Planning Board, wrote letters to the local media and/or attended the board meeting. Your advocacy made a difference!]

According to state law, the DEC Commissioner has 90 days to review both requests and issue a designation. The options are as follows:

• Select the Town of Ulster's Planning Board as lead agency.

• Select the Town of Woodstock's Planning Board as lead agency.

• Select itself -- DEC -- as lead agency.

• Select Ulster and Woodstock's Planning Boards as co-lead agencies.

• Select one of the planning boards and DEC as co-lead agencies.

DEC's SEQR Handbook notes that the review is intentionally undertaken "to systematically consider environmental factors early in the planning stages of actions that are directly undertaken, funded, or approved by local, regional, and state agencies." That's why this full environmental impact study must be completed before the Woodstock Planning Board makes a final determination about widening and lengthening Eastwoods Drive.

The DEC handbook explains the role of the lead agency: "The purpose of having a lead agency is to coordinate the SEQR process so that when an action is to be carried out, funded, or approved by two or more agencies, a single integrated environmental review is conducted. This lead agency is responsible for making key SEQR determinations during the review process." Basically, which governmental body takes the lead could be instrumental as to how carefully the environmental impacts are studied and assessed.

Given the significant environmental issues involved, we anticipate the environmental review will be a Type 1 review. (The state allows two possible types.) It is more extensive and will ensure endangered species' habitats, wetlands, wildlife corridors and Woodstock's Critical Environmental Area are all part of the evaluation. Once complete, there are two possible declarations for a SEQR: A positive declaration means the study found at least one significant adverse impact to the environment. A negative declaration means no significant adverse impacts were found.

SEQR is a lengthy process, but step one is the lead agency determination. Neither planning board should take any additional action while the DEC Commissioner is reviewing the documentation.

We will keep you posted as we learn more, but we want you to know we are going to remain vigilant even as it may appear little progress is being made on the part of the developers or our opposition.

In summary, we are quite pleased with Woodstock Planning Board's leadership, look forward to the DEC Commissioner's decision and applaud the state process that seeks to include environmental impacts in the development-review process. SEQR is not required in every state, but it has been a part of New York's review process for five decades. The results of SEQR could have a profound impact on protecting the acres in both Woodstock and Ulster from development.