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AUTHORIZING WAIVER REGARDING GREGORY AND ELIZABETH BATHRICK 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/41-2024
One-time (complete)formal_resolutionone_timeThe Town Board approves a hardship waiver for the Bathrick Project (single family home at 81-83 County Club Drive) from the moratorium on applications affecting wetlands, subject to conditions including NYSDEC Article 24 permit and snow fence delineation.
First seen
2024-05-29
Latest event
2024-05-29
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 Bathrick Project subject to the following conditions: (a) The Applicants must obtain an NYSDEC Article 24 Permit prior to constructing the landscaping and pool improvements shown on the plan. (b) Site-specific delineation within the 100 feet of the regulated wetland adjacent area be delineated with snow fence by a licensed land surveyor prior to commencement of any construction activities on site.
  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 29, 2024 from Gregory and Elizabeth Bathrick (the "Applicants") regarding an approximately 0.6 acre parcel at 81-83 County Club Drive, Tax Parcel 134889-6372-19-593134, 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 "Bathrick Project")
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on May 13, 2024, setting a concurrent public hearing to be held by said Town Board on May 29, 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)

2024-05-29adoptedvote: unanimous
Authorize a waiver for the Gregory and Elizabeth Bathrick Project from Local Law No. 1 of 2024 moratorium with 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 Bathrick Project subject to the following conditions: (a) The Applicants must obtain an NYSDEC Article 24 Permit prior to constructing the landscaping and pool improvements shown on the plan. (b) Site-specific delineation within the 100 feet of the regulated wetland adjacent area be delineated with snow fence by a licensed land surveyor prior to commencement of any construction activities on site.
  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 29, 2024 from Gregory and Elizabeth Bathrick (the "Applicants") regarding an approximately 0.6 acre parcel at 81-83 County Club Drive, Tax Parcel 134889-6372-19-593134, 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 "Bathrick Project")
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on May 13, 2024, setting a concurrent public hearing to be held by said Town Board on May 29, 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: moratorium_waiver_bathrick