AUTHORIZING WAIVER REGARDING STRAWINSKI 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
One-time (complete)formal_resolutionone_timeThe Town Board approves a hardship waiver allowing the Strawinski Project to proceed with a single-family home construction on an 18.856-acre parcel at 21 Cedar Drive, which is subject to the moratorium on applications affecting wetlands due to proximity to a DEC wetland.
First seen
2024-12-10
Latest event
2024-12-10
adopted
Expires
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Resolution text
RESOLVED
- The Town Board hereby approves the request for waiver under the Moratorium Law for the proposed Strawinski Project.
- 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, an application for hardship waiver was received on November 4, 2024, from Doug Strawinski regarding an approximately 18.856-acre parcel at 21 Cedar Dr, Tax Parcel 1348896172-00-625186, requesting a waiver for purposes of an application to the Building department for a building permit to build a single family home (the 'Strawinski Project')
- WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on November 12, 2024, setting a public hearing to be held by said Town Board on December 10, 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 December 10, 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 location of the single family home which is located within 300 feet 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)
2024-12-10adoptedvote: unanimous
Authorize a waiver for the Strawinski Project from the provisions of Local Law 1 of 2024.
moved by Kane · seconded by Testa
Show text snapshot for this event
Resolved
- The Town Board hereby approves the request for waiver under the Moratorium Law for the proposed Strawinski Project.
- 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, an application for hardship waiver was received on November 4, 2024, from Doug Strawinski regarding an approximately 18.856-acre parcel at 21 Cedar Dr, Tax Parcel 1348896172-00-625186, requesting a waiver for purposes of an application to the Building department for a building permit to build a single family home (the 'Strawinski Project')
- WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on November 12, 2024, setting a public hearing to be held by said Town Board on December 10, 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 December 10, 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 location of the single family home which is located within 300 feet 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:
strawinski_hardship_waiver