Red Hook WatchIndependent Community Resource

Resolution Approving of the Establishment of an Open Development Area Pursuant to Town Law §280-a for Lot 6373-00-776820 Fronting on Read Road

↑Meetings/Resolutions/56-2020
Activeformal_resolutionongoingThe Town Board establishes an Open Development Area over the Curran property and neighboring parcel to allow construction of a single-family dwelling with access via an existing common drive (West View Lane), subject to specified conditions including Highway Superintendent approval and recordation of an easement agreement.
First seen
2020-11-10
Latest event
2020-11-10
adopted
Expires
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Resolution text

RESOLVED

  1. the Town Board hereby establishes an Open Development Area over the Property and Neighboring Parcel in order to allow construction of a single-family dwelling on the Property with its access to Read Road via an existing common drive known as West View Lane, subject to the following conditions: (a) Approval by the Highway Superintendent of the common driveway pursuant to the Highway Specifications; (b) Any further use, extension or amendment of the Open Development Area will require further application to the Town Board after review by the Planning Board; (c) Proof of recordation of an Easement and Maintenance Agreement over West View Lane in form and substance approved by the Attorney to the Town providing for a right of way of at least 15 feet and meeting said driveway specifications
  2. the Town Clerk is hereby directed to distribute a copy of this resolution to the Town of Red Hook Highway Superintendent, Planning Board, and Building Department
Show preamble — 11 WHEREAS clauses
  • WHEREAS, a letter of request has been submitted to the Town Board of the Town of Red Hook by Lori and John Curran (the "Owners") pursuant to Town Law § 280-a for the establishment of an Open Development Area ("ODA") benefitting an approximately 1.81-acre parcel located at 26 Read Road, identified as tax parcel no. 6373-00-776820 (the "Property"), for the purpose of constructing a single-family dwelling on the Property (the "Project")
  • WHEREAS, the establishment of the ODA would allow building permits to be issued for the erection of a single family residence on the Property to which access to Read Road has or would be given by right of way or easement over an existing paved private drive, also known as West View Lane, located on neighboring property at 44 Read Road, identified as tax parcel no. 6373-00-793859 (the "Neighboring Parcel")
  • WHEREAS, the Project is generally depicted on plans submitted to the Town Board by letter dated March 4, 2020, a copy of which is on file in the office of the Town Clerk
  • WHEREAS, the applicant has represented that the boundaries of the Property and the Neighboring Parcel were created by deed recorded prior to September 1, 1970, the effective date of the Town's subdivision regulations, and such lots are not shown on any map of subdivision filed of record
  • WHEREAS, the Owners propose the common use of an existing drive in lieu of construction of a driveway directly onto Read Road where the Property has at least 50 feet of frontage
  • WHEREAS, the Owners have submitted evidence of approval of a septic system site for the Property by the Dutchess County Department of Health
  • WHEREAS, pursuant to Town Law § 280-a(4), such an ODA shall be established upon such conditions and subject to such limitations as may be prescribed by general or special rule of the Planning Board
  • WHEREAS, on April 22, 2020, by Resolution No. 17, the Town Board referred the Project to the Town of Red Hook Planning Board for its advice and report on the suitability of the access to the Property from Read Road
  • WHEREAS, by letter dated October 9, 2020, the Town of Red Hook Planning Board responded, stating that it had no objections to the establishment of the ODA and providing its recommendations regarding the Project
  • WHEREAS, on November 10, 2020, the Town Board, acting as lead agency under the State Environmental Quality Review Act, adopted a negative declaration determining that the proposed establishment of the ODA will not have a significant adverse effect on the environment and that a draft environmental impact statement will not be prepared
  • WHEREAS, the Town Board of the Town of Red Hook, after reviewing the Planning Board's recommendations and after due deliberation, finds that the establishment of the ODA will not negatively impact public health, safety and general welfare on the conditions set forth herein

Lifecycle (1 event)

2020-11-10adoptedvote: 4-1
Approve the establishment of an Open Development Area for tax parcel no. 6373-00-776820 at 26 Read Road for the Curran property.
moved by McKeon · seconded by Kane
Show text snapshot for this event
Resolved
  1. the Town Board hereby establishes an Open Development Area over the Property and Neighboring Parcel in order to allow construction of a single-family dwelling on the Property with its access to Read Road via an existing common drive known as West View Lane, subject to the following conditions: (a) Approval by the Highway Superintendent of the common driveway pursuant to the Highway Specifications; (b) Any further use, extension or amendment of the Open Development Area will require further application to the Town Board after review by the Planning Board; (c) Proof of recordation of an Easement and Maintenance Agreement over West View Lane in form and substance approved by the Attorney to the Town providing for a right of way of at least 15 feet and meeting said driveway specifications
  2. the Town Clerk is hereby directed to distribute a copy of this resolution to the Town of Red Hook Highway Superintendent, Planning Board, and Building Department
Whereas
  • WHEREAS, a letter of request has been submitted to the Town Board of the Town of Red Hook by Lori and John Curran (the "Owners") pursuant to Town Law § 280-a for the establishment of an Open Development Area ("ODA") benefitting an approximately 1.81-acre parcel located at 26 Read Road, identified as tax parcel no. 6373-00-776820 (the "Property"), for the purpose of constructing a single-family dwelling on the Property (the "Project")
  • WHEREAS, the establishment of the ODA would allow building permits to be issued for the erection of a single family residence on the Property to which access to Read Road has or would be given by right of way or easement over an existing paved private drive, also known as West View Lane, located on neighboring property at 44 Read Road, identified as tax parcel no. 6373-00-793859 (the "Neighboring Parcel")
  • WHEREAS, the Project is generally depicted on plans submitted to the Town Board by letter dated March 4, 2020, a copy of which is on file in the office of the Town Clerk
  • WHEREAS, the applicant has represented that the boundaries of the Property and the Neighboring Parcel were created by deed recorded prior to September 1, 1970, the effective date of the Town's subdivision regulations, and such lots are not shown on any map of subdivision filed of record
  • WHEREAS, the Owners propose the common use of an existing drive in lieu of construction of a driveway directly onto Read Road where the Property has at least 50 feet of frontage
  • WHEREAS, the Owners have submitted evidence of approval of a septic system site for the Property by the Dutchess County Department of Health
  • WHEREAS, pursuant to Town Law § 280-a(4), such an ODA shall be established upon such conditions and subject to such limitations as may be prescribed by general or special rule of the Planning Board
  • WHEREAS, on April 22, 2020, by Resolution No. 17, the Town Board referred the Project to the Town of Red Hook Planning Board for its advice and report on the suitability of the access to the Property from Read Road
  • WHEREAS, by letter dated October 9, 2020, the Town of Red Hook Planning Board responded, stating that it had no objections to the establishment of the ODA and providing its recommendations regarding the Project
  • WHEREAS, on November 10, 2020, the Town Board, acting as lead agency under the State Environmental Quality Review Act, adopted a negative declaration determining that the proposed establishment of the ODA will not have a significant adverse effect on the environment and that a draft environmental impact statement will not be prepared
  • WHEREAS, the Town Board of the Town of Red Hook, after reviewing the Planning Board's recommendations and after due deliberation, finds that the establishment of the ODA will not negatively impact public health, safety and general welfare on the conditions set forth herein
Subject key: curran_oda_approval