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AUTHORIZING WAIVER REGARDING M&T 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/88-2024
One-time (complete)formal_resolutionone_timeThe Town Board approves a hardship waiver under Local Law 1 of 2024 for the M&T Bank project at 7280 South Broadway (a 1.0-acre parcel) to permit a Site Plan application for ADA upgrades, subject to approval of the final site plan and mandatory connection to the public sewer system when available.
First seen
2024-09-10
Latest event
2024-09-10
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 M&T Project subject to approval of the final site plan approval 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 — 7 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 August 23, 2024 from Thomas J. Sutton, M&T Bank Sr. Regional Property Manager (the "Applicant") regarding an approximately 1.0 acre parcel at 7280 South Broadway, Tax Parcel No. 134889-6272-00-269271 requesting a waiver for purposes of a Site Plan application before the Planning Board for the purpose of upgrading the Site Plan to include Americans with Disabilities Act updates depicted on the site improvement plan, a copy of which is on file with the Town Clerk (the "M&T Project")
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on August 28, 2024, setting a public hearing to be held by said Town Board on September 10, 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, said public hearing was duly held on September 10, 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 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, 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)

2024-09-10adoptedvote: 4-0
Authorize a waiver regarding the M&T Project from the provisions of Local Law 1 of 2024.
moved by Testa · 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 proposed M&T Project subject to approval of the final site plan approval 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 August 23, 2024 from Thomas J. Sutton, M&T Bank Sr. Regional Property Manager (the "Applicant") regarding an approximately 1.0 acre parcel at 7280 South Broadway, Tax Parcel No. 134889-6272-00-269271 requesting a waiver for purposes of a Site Plan application before the Planning Board for the purpose of upgrading the Site Plan to include Americans with Disabilities Act updates depicted on the site improvement plan, a copy of which is on file with the Town Clerk (the "M&T Project")
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on August 28, 2024, setting a public hearing to be held by said Town Board on September 10, 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, said public hearing was duly held on September 10, 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 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, 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: mt_bank_moratorium_waiver