Red Hook WatchIndependent Community Resource

AUTHORIZING WAIVER REGARDING NEW CINGULAR PCS, LLC 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/28-2024
One-time (complete)formal_resolutionone_timeApproves a hardship waiver from Local Law 1 of 2024 for New Cingular Wireless PCS LLC's construction of a telecommunications facility at 3944 Route 9G, a portion of which is within a federal wetland, subject to conditions including Planning Board and ACOE compliance, and Town Engineer verification of wetland delineation and box culvert construction.
First seen
2024-04-24
Latest event
2024-04-24
adopted
Expires
—

Resolution text

RESOLVED

  1. The Town Board hereby approves the request for waiver under the Moratorium Law for the New Cingular Project subject to the following conditions: (a) Compliance with the conditions imposed by the SEQR negative declaration and the site plan regarding mitigation of potential wetland impacts of the Project; (b) Compliance with the ACOE federal wetlands permit applicable to the Project; (c) The site specific delineation by a qualified professional of Federal wetlands that are within 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 box culvert and driveway construction areas depicted in the site plan are to be staked in accordance with detailed construction drawings submitted with the building permit application and consistent with the approved site plan
  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 5, 2024 from New Cingula Wireless, PCS, LLC regarding, an approximately 100ft x 100 ft leased portion of a 6.8 acre parcel at 3944 Rt. 9G, Tax Parcels 134889-6172-00-515038 (consolidated with 1348896172-00-512069) requesting a waiver for purposes of an application pending before the Town of Red Hook Planning Board for site plan and special use permit approval and an application before the Town Zoning Board of Appeals for variances in connection with construction of a telecommunications facility, a portion of which would be located within a federal wetland, as depicted on the draft site plan a copy of which is on file with the Town Clerk (as described in the application and plans on file with the Town Clerk, the "New Cingular 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 telecommunications facility would be subject to the Moratorium Law in the absence of a waiver based on the location of a portion of the work within a federal wetland and adjacent to state wetlands
  • WHEREAS, a telecommunications tower not exceeding 100 ft in height would be a permitted use in the RD3 zone
  • WHEREAS, the Town Planning Board has adopted a negative declaration under the State Environmental Quality Review Act
  • WHEREAS, after reviewing the application, the proposed Project and the comments received, consultation with the Town Engineer, and after due deliberation, and the Town Board finds that (i) the application of the Moratorium Law 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 New Cingular Wireless PCS LLC project from the provisions of Local Law 1 of 2024, permitting construction of a telecommunications facility with a portion in a federal wetland, 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 New Cingular Project subject to the following conditions: (a) Compliance with the conditions imposed by the SEQR negative declaration and the site plan regarding mitigation of potential wetland impacts of the Project; (b) Compliance with the ACOE federal wetlands permit applicable to the Project; (c) The site specific delineation by a qualified professional of Federal wetlands that are within 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 box culvert and driveway construction areas depicted in the site plan are to be staked in accordance with detailed construction drawings submitted with the building permit application and consistent with the approved site plan
  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 5, 2024 from New Cingula Wireless, PCS, LLC regarding, an approximately 100ft x 100 ft leased portion of a 6.8 acre parcel at 3944 Rt. 9G, Tax Parcels 134889-6172-00-515038 (consolidated with 1348896172-00-512069) requesting a waiver for purposes of an application pending before the Town of Red Hook Planning Board for site plan and special use permit approval and an application before the Town Zoning Board of Appeals for variances in connection with construction of a telecommunications facility, a portion of which would be located within a federal wetland, as depicted on the draft site plan a copy of which is on file with the Town Clerk (as described in the application and plans on file with the Town Clerk, the "New Cingular 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 telecommunications facility would be subject to the Moratorium Law in the absence of a waiver based on the location of a portion of the work within a federal wetland and adjacent to state wetlands
  • WHEREAS, a telecommunications tower not exceeding 100 ft in height would be a permitted use in the RD3 zone
  • WHEREAS, the Town Planning Board has adopted a negative declaration under the State Environmental Quality Review Act
  • WHEREAS, after reviewing the application, the proposed Project and the comments received, consultation with the Town Engineer, and after due deliberation, and the Town Board finds that (i) the application of the Moratorium Law 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