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AUTHORIZING WAIVER REGARDING STEPHAN LUECK 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/26-2024
One-time (complete)formal_resolutionone_timeApproves a hardship waiver from Local Law 1 of 2024 for Stephan Lueck's single family residence construction on an approximately 15.27 acre parcel at 580 Budds Corners Road, a portion of which is within 300 feet of a DEC wetland, subject to conditions including Town Engineer verification of wetland delineation and compliance with Planning Board conditions.
First seen
2024-04-24
Latest event
2024-04-24
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 Lueck Project subject to the following conditions: (a) Compliance with conditions imposed by the Planning Board in the SEQR negative declaration and subdivision plat regarding mitigation of potential wetland impacts of the Project; (b) Location of all structures including subsurface structures no closer to the adjacent wetlands than as shown in the building permit application document on file with the Town Clerk; (c) The site-specific delineation by a qualified professional of wetlands that are within the 300 feet of the construction area is to be verified by the Town Engineer and flagged or fenced prior to issuance of a building permit, and the proposed construction areas depicted in the permit application are to be staked in accordance with detailed construction drawings submitted with the building permit application and consistent with the filed subdivision plat
  2. The officers of the Town are hereby authorized and directed to take all other actions as may be required by law
Show preamble — 10 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 April 2, 2024 from Stephen Lueck regarding an approximately 15.27 acre parcel at 580 Budds Corners Rd., Tax Parcels 134889-6274-00-056096 and 134889-6274-00-129113, requesting a waiver for purposes of an application to the building department for a building permit in connection with construction of a single family residence on an existing lot 2 of FM 12103, a portion of which is located within 300 feet of a DEC wetland, as depicted on the building permit application a copy of which is on file with the Town Clerk (the "Lueck Project")
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on April 9, 2024, setting a concurrent public hearing to be held by said Town Board on April 24, 2024 at 7:55 p.m. at the Town Hall, 7340 South Broadway, Red Hook, New York, to hear all interested parties on said waiver request
  • WHEREAS, notice of said public hearing was duly advertised in the Poughkeepsie Journal, the official newspaper of said Town, on April 14, 2024, which is not less than ten days prior to the date of said public hearing and a copy of such notice was posted on the Town's sign board not later than April 14, 2024
  • WHEREAS, said public hearing was duly held on April 24, 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 single family home would be subject to the Moratorium Law in the absence of a waiver based on the location of a portion of the work within 300 feet of a state wetland
  • WHEREAS, the single family home use is a permitted use in the RD3 zone
  • WHEREAS, the Town Board of the Town of Red Hook, after reviewing the application and the comments received and after due deliberation, finds it in the best interests of the Town to authorize the hardship waiver on the conditions provided herein
  • 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)

2024-04-24adoptedvote: unanimous
Authorize a waiver for the Stephan Lueck project from the provisions of Local Law 1 of 2024, a local law placing a moratorium on applications affecting wetlands and other matters, subject to specified conditions.
moved by McKeon · seconded by Kane
Show text snapshot for this event
Resolved
  1. The Town Board hereby approves the request for waiver under the Moratorium Law for the Lueck Project subject to the following conditions: (a) Compliance with conditions imposed by the Planning Board in the SEQR negative declaration and subdivision plat regarding mitigation of potential wetland impacts of the Project; (b) Location of all structures including subsurface structures no closer to the adjacent wetlands than as shown in the building permit application document on file with the Town Clerk; (c) The site-specific delineation by a qualified professional of wetlands that are within the 300 feet of the construction area is to be verified by the Town Engineer and flagged or fenced prior to issuance of a building permit, and the proposed construction areas depicted in the permit application are to be staked in accordance with detailed construction drawings submitted with the building permit application and consistent with the filed subdivision plat
  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, an application for hardship waiver was received on April 2, 2024 from Stephen Lueck regarding an approximately 15.27 acre parcel at 580 Budds Corners Rd., Tax Parcels 134889-6274-00-056096 and 134889-6274-00-129113, requesting a waiver for purposes of an application to the building department for a building permit in connection with construction of a single family residence on an existing lot 2 of FM 12103, a portion of which is located within 300 feet of a DEC wetland, as depicted on the building permit application a copy of which is on file with the Town Clerk (the "Lueck Project")
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on April 9, 2024, setting a concurrent public hearing to be held by said Town Board on April 24, 2024 at 7:55 p.m. at the Town Hall, 7340 South Broadway, Red Hook, New York, to hear all interested parties on said waiver request
  • WHEREAS, notice of said public hearing was duly advertised in the Poughkeepsie Journal, the official newspaper of said Town, on April 14, 2024, which is not less than ten days prior to the date of said public hearing and a copy of such notice was posted on the Town's sign board not later than April 14, 2024
  • WHEREAS, said public hearing was duly held on April 24, 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 single family home would be subject to the Moratorium Law in the absence of a waiver based on the location of a portion of the work within 300 feet of a state wetland
  • WHEREAS, the single family home use is a permitted use in the RD3 zone
  • WHEREAS, the Town Board of the Town of Red Hook, after reviewing the application and the comments received and after due deliberation, finds it in the best interests of the Town to authorize the hardship waiver on the conditions provided herein
  • 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: local_law_1_2024_moratorium_waivers