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AUTHORIZING WAIVER REGARDING DANIEL LESLIE 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/43-2024
One-time (complete)formal_resolutionone_timeThe Town Board approves a hardship waiver for the Leslie Project (residential dwelling at 32 Guski Road) from the moratorium on applications affecting wetlands, subject to compliance with existing NYSDEC Article 24 Freshwater Wetland Permit conditions.
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 Leslie Project subject to the following conditions: (a) Compliance with conditions imposed by the January 12, 2023 NYSDEC Article 24 Freshwater Wetland Permit.
  2. The officers of the Town are hereby authorized and directed to take all other actions as may be required by law.
Show preamble — 8 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 May 9, 2024 from Daniel Leslie (the "Applicant") regarding an approximately 15.76 acre parcel at 32 Guski Road, Tax Parcel 134889-6274-00-397092, requesting a waiver for purposes of an application to the Building department for a building permit to build a residential dwelling (the "Leslie 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 ABD
  • WHEREAS, on January 12, 2023, the Applicant was issued a NYSDEC Article 24 Freshwater Wetland Permit which is in effect to December 31, 2028
  • 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 Daniel Leslie Project from Local Law No. 1 of 2024 moratorium with specified conditions.
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 Leslie Project subject to the following conditions: (a) Compliance with conditions imposed by the January 12, 2023 NYSDEC Article 24 Freshwater Wetland Permit.
  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 May 9, 2024 from Daniel Leslie (the "Applicant") regarding an approximately 15.76 acre parcel at 32 Guski Road, Tax Parcel 134889-6274-00-397092, requesting a waiver for purposes of an application to the Building department for a building permit to build a residential dwelling (the "Leslie 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 ABD
  • WHEREAS, on January 12, 2023, the Applicant was issued a NYSDEC Article 24 Freshwater Wetland Permit which is in effect to December 31, 2028
  • 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_leslie