Resolution Determining Application of Town Zoning Laws to Saw Kill Trail Project
Activeformal_resolutionongoingDetermines that the Saw Kill Trail Project is immune from the application of the Town's Zoning Law based on analysis of statutory factors.
First seen
2021-10-12
Latest event
2021-10-12
adopted
Expires
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Resolution text
RESOLVED
- Based on the foregoing, the Town Board determines that the Project shall be immune from the application of the Town's Zoning Law.
Show preamble — 5 WHEREAS clauses
- WHEREAS, the Town Board of the Town of Red Hook is considering a proposal for the construction of the Saw Kill Trail Project as a cooperative project pursuant to a proposed cooperative agreement and two easements entitled "Deed of Conservation Easement and Public Access Easement" given by Winnakee Land Trust, Inc. to the Town, each dated February 14, 2020 and filed as Document No. 02-2020945 and 02-2020947, respectively (the "Project")
- WHEREAS, the project consists of the establishment of a trail in multiple phases from the Town of Red Hook Recreation Park west ultimately terminating at a parking lot located at the Bard Alumni Center on NYS Route 9G, as described in a sketch map on file with the Town (the "Project")
- WHEREAS, the Town Board has held a public hearing on September 22, 2021 and continued on October 12, 2021, at which information regarding the project was presented and members of the public were provided an opportunity to comment
- WHEREAS, on October 12, 2021, the Town Board adopted a Negative Declaration for the Project pursuant to the State Environmental Quality Review Act, determining that the Project does not have the potential to have significant adverse environmental impacts and that a Draft Environmental Impact Statement will not be prepared
- WHEREAS, the Town Board has undertaken a review of the Project in order to determine whether and to what extent the Town of Red Hook's Zoning Law applies to the proposed project, taking into account the nine factors set forth in Matter of County of Monroe v. City of Rochester
Lifecycle (1 event)
2021-10-12adoptedvote: unanimous
Determine application of Town zoning laws to Saw Kill Trail Project.
moved by McKeon · seconded by Kane
Show text snapshot for this event
Resolved
- Based on the foregoing, the Town Board determines that the Project shall be immune from the application of the Town's Zoning Law.
Whereas
- WHEREAS, the Town Board of the Town of Red Hook is considering a proposal for the construction of the Saw Kill Trail Project as a cooperative project pursuant to a proposed cooperative agreement and two easements entitled "Deed of Conservation Easement and Public Access Easement" given by Winnakee Land Trust, Inc. to the Town, each dated February 14, 2020 and filed as Document No. 02-2020945 and 02-2020947, respectively (the "Project")
- WHEREAS, the project consists of the establishment of a trail in multiple phases from the Town of Red Hook Recreation Park west ultimately terminating at a parking lot located at the Bard Alumni Center on NYS Route 9G, as described in a sketch map on file with the Town (the "Project")
- WHEREAS, the Town Board has held a public hearing on September 22, 2021 and continued on October 12, 2021, at which information regarding the project was presented and members of the public were provided an opportunity to comment
- WHEREAS, on October 12, 2021, the Town Board adopted a Negative Declaration for the Project pursuant to the State Environmental Quality Review Act, determining that the Project does not have the potential to have significant adverse environmental impacts and that a Draft Environmental Impact Statement will not be prepared
- WHEREAS, the Town Board has undertaken a review of the Project in order to determine whether and to what extent the Town of Red Hook's Zoning Law applies to the proposed project, taking into account the nine factors set forth in Matter of County of Monroe v. City of Rochester
Subject key:
saw_kill_trail_zoning_immunity