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AUTHORIZING WAIVER REGARDING LOUIS SCALISE PROJECT FROM THE PROVISIONS OF LOCAL LAW 1 OF 2024

↑Meetings/Resolutions/40-2024
One-time (complete)formal_resolutionone_timeThe Town Board approves a request for hardship waiver from Local Law 1 of 2024 for the Louis Scalise Project at 168 Ponquogue Avenue (6.29 acres) to permit construction of a single family home within 300 feet of a DEC wetland, subject to conditions regarding structure placement, wetland delineation, flagging, and erosion control measures.
First seen
2024-05-13
Latest event
2024-05-13
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 Scalise Project subject to the following conditions: (a) 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. (b) 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. (c) The Applicant must make use of a silt fence or other erosion and sediment control measure to prevent erosion into the wetland.
  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, an application for hardship waiver was received on April 9, 2024 from Louis Scalise regarding an approximately 6.29 acre parcel at 168 Ponquogue Avenue, Tax Parcel 134889-6172-00-566155, requesting a waiver for purposes of an application to the building department for a building permit in connection with construction of a single family home, 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 "Scalise Project")
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on April 26, 2024, setting a concurrent public hearing to be held by said Town Board on May 13, 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, 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, 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)

2024-05-13adoptedvote: 4-0
Authorize waiver of Local Law 1 of 2024 for the Louis Scalise Project.
moved by McKeon · seconded by Hamel
Show text snapshot for this event
Resolved
  1. The Town Board hereby approves the request for waiver under the Moratorium Law for the Scalise Project subject to the following conditions: (a) 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. (b) 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. (c) The Applicant must make use of a silt fence or other erosion and sediment control measure to prevent erosion into the wetland.
  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 9, 2024 from Louis Scalise regarding an approximately 6.29 acre parcel at 168 Ponquogue Avenue, Tax Parcel 134889-6172-00-566155, requesting a waiver for purposes of an application to the building department for a building permit in connection with construction of a single family home, 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 "Scalise Project")
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on April 26, 2024, setting a concurrent public hearing to be held by said Town Board on May 13, 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, 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, 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_scalise_waiver