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AUTHORIZING WAIVER REGARDING RED HOOK LAND CORP. 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/75-2024
One-time (complete)formal_resolutionone_timeThe Town Board approves a waiver for Red Hook Land Corp. LLC from the moratorium on applications in the TND-CC subdistrict for a proposed commercial and multifamily development project, subject to approval of the final site plan including mandatory connection to a public sewer system when available.
First seen
2024-08-28
Latest event
2024-08-28
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 proposed Red Hook Land Corp. LLC Project subject to approval of the final site plan including mandatory connection to a public sewer system when available to the 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 — 9 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 4, 2024, from Red Hook Land Corp. LLC regarding an approximately 1.955 acre parcel at 5 Old Farm Road, Tax Parcel 134889-6272-00-244274, requesting a waiver for purposes of an application for site plan approval in connection with a proposed commercial and multifamily development within the TND-CC, as supplemented by an updated sketch plan and submission as of July 22, 2024 specifying the plan to connect to the proposed public sewer system when available, copies of which are on file with the Town Clerk (the 'Red Hook Land Corp. LLC 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, 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 public hearing was continued to July 9, 2024, August 13, 2024, and August 28, 2024 and all who wish to speak were heard
  • WHEREAS, the Town's Zoning Enforcement Officer has determined that the proposed development would be subject to the Moratorium Law in the absence of a waiver based on the location of a portion of the work within the TND-CC
  • WHEREAS, commercial and mixed use development is a permitted use in the TND-CC zone, subject to approval by the Planning Board of a site plan for proposed projects within the TND-CC in accordance with the Zoning Law
  • 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)

2024-08-28adoptedvote: unanimous
Approve a waiver for Red Hook Land Corp. LLC from the provisions of Local Law 1 of 2024 regarding a commercial and multifamily development project at 5 Old Farm Road.
moved by Kane · 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 proposed Red Hook Land Corp. LLC Project subject to approval of the final site plan including mandatory connection to a public sewer system when available to the 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 4, 2024, from Red Hook Land Corp. LLC regarding an approximately 1.955 acre parcel at 5 Old Farm Road, Tax Parcel 134889-6272-00-244274, requesting a waiver for purposes of an application for site plan approval in connection with a proposed commercial and multifamily development within the TND-CC, as supplemented by an updated sketch plan and submission as of July 22, 2024 specifying the plan to connect to the proposed public sewer system when available, copies of which are on file with the Town Clerk (the 'Red Hook Land Corp. LLC 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, 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 public hearing was continued to July 9, 2024, August 13, 2024, and August 28, 2024 and all who wish to speak were heard
  • WHEREAS, the Town's Zoning Enforcement Officer has determined that the proposed development would be subject to the Moratorium Law in the absence of a waiver based on the location of a portion of the work within the TND-CC
  • WHEREAS, commercial and mixed use development is a permitted use in the TND-CC zone, subject to approval by the Planning Board of a site plan for proposed projects within the TND-CC in accordance with the Zoning Law
  • 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: red_hook_land_corp_moratorium_waiver