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AUTHORIZING WAIVER REGARDING BONNANS 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/91-2024
One-time (complete)formal_resolutionone_timeThe Town Board approves a hardship waiver of the moratorium for Romain Bonnans' single family home addition project at 141 Country Club Dr, subject to obtaining a NYSDEC Article 24 permit, implementing a site-specific sediment and erosion control plan, and delineating the regulated wetland adjacent area with snow fence.
First seen
2024-09-25
Latest event
2024-09-25
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 Bonnans Project subject to: a. A NYSDEC Article 24 Permit prior to constructing the improvements shown on the plan. b. A site specific sediment and erosion control plan be put in place during construction. c. The limits of the regulated wetland adjacent area be delineated with snow fence by a licensed land surveyor prior to commencement of any construction activities on 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 September 3, 2024, from Romain Bonnans regarding an approximately 0.34-acre parcel at 141 Country Club Dr, Tax Parcel 1348-896372-19-669084-0000, requesting a waiver for purposes of an application to the Building department for a building permit to build an addition on a single family home ("Bonnans Project")
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on September 10, 2024, setting a public hearing to be held by said Town Board on September 25, 2024 at 7:30 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 25, 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 the single family home which is located within 300 feet of a DEC wetland
  • 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)

2024-09-25adoptedvote: 4-0
Authorize waiver regarding Bonnans Project from the provisions of Local Law 1 of 2024 with conditions including NYSDEC permit, sediment and erosion control plan, and wetland delineation.
moved by Hamel · seconded by Testa
Show text snapshot for this event
Resolved
  1. The Town Board hereby approves the request for waiver under the Moratorium Law for the proposed Bonnans Project subject to: a. A NYSDEC Article 24 Permit prior to constructing the improvements shown on the plan. b. A site specific sediment and erosion control plan be put in place during construction. c. The limits of the regulated wetland adjacent area be delineated with snow fence by a licensed land surveyor prior to commencement of any construction activities on 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 September 3, 2024, from Romain Bonnans regarding an approximately 0.34-acre parcel at 141 Country Club Dr, Tax Parcel 1348-896372-19-669084-0000, requesting a waiver for purposes of an application to the Building department for a building permit to build an addition on a single family home ("Bonnans Project")
  • WHEREAS, a resolution was duly adopted by the Town Board of the Town of Red Hook on September 10, 2024, setting a public hearing to be held by said Town Board on September 25, 2024 at 7:30 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 25, 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 the single family home which is located within 300 feet of a DEC wetland
  • 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: bonnans_hardship_waiver_local_law_1_2024