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AMENDED RESOLUTION AUTHORIZING WAIVER REGARDING 25 OLD FARM ROAD DEVELOPMENT 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/45-2024
One-time (complete)formal_resolutionone_timeThe Town Board approves an amended hardship waiver for the 25 Old Farm Road Development LLC Project (multiple single family residences in Tradition Sections 7 and 8) from the moratorium on applications affecting wetlands, subject to conditions including SEQR compliance, structure location limits, and wetland delineation and staking.
First seen
2024-05-29
Latest event
2024-05-29
amended
Expires
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Resolution text

RESOLVED

  1. The Town Board hereby approves the request for waiver under the Moratorium Law for the 25 Old Farm Road Development LLC Project subject to the following conditions: (a) Compliance with the conditions imposed by the SEQR negative declaration, subdivision plan and subdivision plat approved by the Planning Board regarding mitigation of potential impacts of the project on the adjacent wetlands; and (b) Location of all improvements no closer to the adjacent wetlands than as shown in the approved subdivision plat. (c) The site-specific delineation by a qualified professional of wetlands identified on the plat map is to be verified by the Town Engineer, and the proposed 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 — 11 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 25 Old Farm Road Development LLC regarding the following parcels constituting part of Tradition Sections 7 and 8: Tax Parcel 134889-6272-13-128355, an approximately 0.12 acre parcel at 102 Benson Loop Road, Tradition Subdivision Lot 8; Tax Parcel 134889-6272-13-125361, an approximately 0.12 acre parcel at 98 Benson Loop Road, Tradition Subdivision Lot 9; p/o Tax Parcel 134889-6272-13-103351, an approximately 0.16 acre parcel at Benson Loop Road, Tradition Subdivision Lot 99 as shown on FM 9147J; p/o Tax Parcel 134889-6272-13-103351, an approximately 0.16 acre parcel at Benson Loop Road, Tradition Subdivision Lot 100 as shown on FM 9147J; p/o Tax Parcel 134889-6272-13-103351, an approximately 0.16 acre parcel at Benson Loop Road, Tradition Subdivision Lot 101 as shown on FM 9147J; p/o Tax Parcel 134889-6272-13-103351, an approximately 0.165 acre parcel at Benson Loop Road, Tradition Subdivision Lot 102 as shown on FM 9147J; and requesting a waiver for purposes of an application for a building permit in connection with construction of a single family residence on each such lot, a portion of which may be located within 300 feet of a DEC wetland, as depicted on the site plan, a copy of which is on file with the Town Clerk (the "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 homes 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 Project is a permitted use in the TND-R zone
  • WHEREAS, the residential parcels which are the subject of the waiver application are served by an existing community septic system and public water supply system operated by Dutchess County Water and Wastewater and constructed pursuant to current DC DOH requirements and the conditions of the Planning Board subdivision and site plan approval for the Project
  • 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
  • WHEREAS, this resolution amends and restates Resolution No. 29 adopted April 24, 2024

Lifecycle (1 event)

2024-05-29amendedvote: unanimous
Authorize an amended waiver for the 25 Old Farm Road Development LLC Project from Local Law No. 1 of 2024 moratorium with specified conditions.
moved by McKeon · seconded by Solomon
Show text snapshot for this event
Resolved
  1. The Town Board hereby approves the request for waiver under the Moratorium Law for the 25 Old Farm Road Development LLC Project subject to the following conditions: (a) Compliance with the conditions imposed by the SEQR negative declaration, subdivision plan and subdivision plat approved by the Planning Board regarding mitigation of potential impacts of the project on the adjacent wetlands; and (b) Location of all improvements no closer to the adjacent wetlands than as shown in the approved subdivision plat. (c) The site-specific delineation by a qualified professional of wetlands identified on the plat map is to be verified by the Town Engineer, and the proposed 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 25 Old Farm Road Development LLC regarding the following parcels constituting part of Tradition Sections 7 and 8: Tax Parcel 134889-6272-13-128355, an approximately 0.12 acre parcel at 102 Benson Loop Road, Tradition Subdivision Lot 8; Tax Parcel 134889-6272-13-125361, an approximately 0.12 acre parcel at 98 Benson Loop Road, Tradition Subdivision Lot 9; p/o Tax Parcel 134889-6272-13-103351, an approximately 0.16 acre parcel at Benson Loop Road, Tradition Subdivision Lot 99 as shown on FM 9147J; p/o Tax Parcel 134889-6272-13-103351, an approximately 0.16 acre parcel at Benson Loop Road, Tradition Subdivision Lot 100 as shown on FM 9147J; p/o Tax Parcel 134889-6272-13-103351, an approximately 0.16 acre parcel at Benson Loop Road, Tradition Subdivision Lot 101 as shown on FM 9147J; p/o Tax Parcel 134889-6272-13-103351, an approximately 0.165 acre parcel at Benson Loop Road, Tradition Subdivision Lot 102 as shown on FM 9147J; and requesting a waiver for purposes of an application for a building permit in connection with construction of a single family residence on each such lot, a portion of which may be located within 300 feet of a DEC wetland, as depicted on the site plan, a copy of which is on file with the Town Clerk (the "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 homes 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 Project is a permitted use in the TND-R zone
  • WHEREAS, the residential parcels which are the subject of the waiver application are served by an existing community septic system and public water supply system operated by Dutchess County Water and Wastewater and constructed pursuant to current DC DOH requirements and the conditions of the Planning Board subdivision and site plan approval for the Project
  • 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
  • WHEREAS, this resolution amends and restates Resolution No. 29 adopted April 24, 2024

Supersedes

29-2024
Subject key: moratorium_waiver_25_old_farm_road