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Authorizing Waiver regarding Klose Project from the Provisions of Local Law 1 of 2024, a Local Law Placing a Moratorium on Applications in the TND CC Subdistrict, on Applications for Subdivision in the AB District, and on Applications Affecting Wetlands

↑Meetings/Resolutions/109-2024
One-time (complete)formal_resolutionone_timeThe Town Board approves a hardship waiver for the Klose Project (pool house and barn conversion at 45 Echo Valley Road) from the moratorium established by Local Law 1 of 2024, subject to the applicant obtaining a wetlands delineation and any required NYSDEC Article 24 permit.
First seen
2024-11-12
Latest event
2024-11-12
adopted
Expires
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Resolution text

RESOLVED

  1. The Town Board hereby approves the request for waiver under the Moratorium Law for the proposed Klose Project subject to: (a) The Applicant obtaining a wetlands delineation for east of the pool house by a qualified consultant, the delineation surveyed by a licensed land surveyor, and the wetland boundary reviewed by the NYSDEC to determine regulatory jurisdiction. (b) If required by NYSDEC, an Article 24 permit from NYSDEC.
  2. The officers of the Town are hereby authorized and directed to take all other actions as may be required by law
Show preamble — 7 WHEREAS clauses
  • WHEREAS, Local Law 1 of 2024, entitled "A local law placing a moratorium on applications in the TND CC Subdistrict, on applications for subdivision in the AB District, and on applications affecting wetlands" was adopted March 27, 2024 (the "Moratorium Law")
  • WHEREAS, pursuant to Section 8 of the Moratorium Law, the Town Board is authorized to grant a hardship waiver of the provisions of the moratorium established by the Moratorium Law to the extent provided in the Moratorium Law, after holding a public hearing on the application for waiver
  • WHEREAS, a an application for hardship waiver was received on October 17, 2024, from Peter Klose and Jean Voutsinas regarding an approximately 8.54- acre parcel at 45 Echo Valley Rd, Tax Parcel 134889-6272-00-919892, requesting a waiver for purposes of an application to the Building department for a building permit to construct a pool house and barn conversion ("Klose Project")
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on October 23, 2024, setting a public hearing to be held by said Town Board on November 12, 2024 at 7:35 p.m. at the Town Hall, 7340 South Broadway, Red Hook, New York, to hear all interested parties on said waiver request
  • WHEREAS, said public hearing was duly held on November 12, 2024 at said time and place, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof
  • WHEREAS, the Town's Zoning Enforcement Officer has determined that the proposed development would be subject to the Moratorium Law in the absence of a waiver based on the planned construction of Pool House/Accessory Structure is within 300' of a DEC Wetland
  • WHEREAS, after reviewing the application, the proposed Project and the comments received, consultation with the Town Engineer, and after due deliberation, the Town Board finds that (i) the application of the moratorium to the Project would constitute an unjust result and cause the applicant substantial economic hardship if the waiver is not granted; (ii) the proposed use of the property will not harm the public health, safety and welfare; and (iii) the proposed use of the property is consistent with the Comprehensive Plan of the Town of Red Hook and compatible with the existing land use in the immediate vicinity of the property

Lifecycle (1 event)

2024-11-12adoptedvote: 4-0
Approve a hardship waiver for the Klose Project from the provisions of Local Law 1 of 2024, subject to obtaining a wetlands delineation and NYSDEC Article 24 permit if required.
moved by Hamel · seconded by Testa
Show text snapshot for this event
Resolved
  1. The Town Board hereby approves the request for waiver under the Moratorium Law for the proposed Klose Project subject to: (a) The Applicant obtaining a wetlands delineation for east of the pool house by a qualified consultant, the delineation surveyed by a licensed land surveyor, and the wetland boundary reviewed by the NYSDEC to determine regulatory jurisdiction. (b) If required by NYSDEC, an Article 24 permit from NYSDEC.
  2. The officers of the Town are hereby authorized and directed to take all other actions as may be required by law
Whereas
  • WHEREAS, Local Law 1 of 2024, entitled "A local law placing a moratorium on applications in the TND CC Subdistrict, on applications for subdivision in the AB District, and on applications affecting wetlands" was adopted March 27, 2024 (the "Moratorium Law")
  • WHEREAS, pursuant to Section 8 of the Moratorium Law, the Town Board is authorized to grant a hardship waiver of the provisions of the moratorium established by the Moratorium Law to the extent provided in the Moratorium Law, after holding a public hearing on the application for waiver
  • WHEREAS, a an application for hardship waiver was received on October 17, 2024, from Peter Klose and Jean Voutsinas regarding an approximately 8.54- acre parcel at 45 Echo Valley Rd, Tax Parcel 134889-6272-00-919892, requesting a waiver for purposes of an application to the Building department for a building permit to construct a pool house and barn conversion ("Klose Project")
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on October 23, 2024, setting a public hearing to be held by said Town Board on November 12, 2024 at 7:35 p.m. at the Town Hall, 7340 South Broadway, Red Hook, New York, to hear all interested parties on said waiver request
  • WHEREAS, said public hearing was duly held on November 12, 2024 at said time and place, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof
  • WHEREAS, the Town's Zoning Enforcement Officer has determined that the proposed development would be subject to the Moratorium Law in the absence of a waiver based on the planned construction of Pool House/Accessory Structure is within 300' of a DEC Wetland
  • WHEREAS, after reviewing the application, the proposed Project and the comments received, consultation with the Town Engineer, and after due deliberation, the Town Board finds that (i) the application of the moratorium to the Project would constitute an unjust result and cause the applicant substantial economic hardship if the waiver is not granted; (ii) the proposed use of the property will not harm the public health, safety and welfare; and (iii) the proposed use of the property is consistent with the Comprehensive Plan of the Town of Red Hook and compatible with the existing land use in the immediate vicinity of the property
Subject key: klose_project_hardship_waiver_moratorium