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Resolution to Amend the North Broadway Corridor Land Use and Zoning Study

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Verified against NY State statutes and guidance, with AI assistance from Claude.

VILLAGE OF RED HOOK RESOLUTION NO. DATED APRIL 13, 2026

RESOLUTION TO AMEND THE NORTH BROADWAY CORRIDOR LAND USE AND ZONING STUDY AS ADOPTED BY THE VILLAGE BOARD ON MARCH 23, 2026.

WHEREAS, the Board adopted the North Broadway Corridor Land Use and Zoning Study (the “Study”) as an amendment to the Village Comprehensive Plan by resolution on March 23, 2026; and

WHEREAS, Village Law § 7-722 authorizes the Board to adopt or amend a comprehensive plan or any portion thereof by resolution; and

WHEREAS, the Board has identified provisions within the adopted Study that require amendment so that the document functions as intended as a legal instrument for land use decisions in the North Broadway corridor; and

WHEREAS, the Study identifies Smart Growth principles on page 2, consistent with the Village’s commitment to the Hudson River Valley Greenway Compact, and the Board intends that the amended Study clearly advance these principles; and

WHEREAS, the Dutchess County Department of Planning and Development, in its response dated March 12, 2026 (Referral No. ZR26-032), classified the Study as a “Local Concern with Comments,” endorsed the Village’s commitment to Smart Growth principles, and recommended (a) a footnote on the methodological differences between decennial census counts and ACS 5-year estimates, including margin of error, and (b) household size data from prior years to illustrate shrinking average household sizes; and

WHEREAS, narrative descriptions of individual historic properties contained in Appendix B of the adopted Study include owner-supplied documentation that has not been independently verified, and if retained as operative text of the Comprehensive Plan, could be cited as a basis for land use claims against the Village in future proceedings; and

WHEREAS, a comprehensive plan amendment should contain only material necessary for land use review and decision-making, and detailed historical narratives and family histories are more appropriately maintained in the archives of SHPO, the Library of Congress, and Historic Red Hook; and

WHEREAS, Village Law § 7-722(10) requires that the comprehensive plan include the maximum intervals at which the adopted plan shall be reviewed; and

WHEREAS, the adopted Study does not contain a periodic review provision as required by the statute.

NOW THEREFORE BE IT RESOLVED, by the Board as follows:

  1. The Board hereby amends the Study as adopted on March 23, 2026, as follows:

(a) The demographic tables within the Study are hereby amended to include (i) a footnote explaining the methodological differences between decennial census counts and American Community Survey 5-year estimates, including the applicable margin of error, and (ii) household size data from prior years illustrating the trend of shrinking average household sizes, as recommended by the Dutchess County Department of Planning and Development.

(b) The following periodic review provision is added to the Study pursuant to Village Law § 7-722(10): “The Board of Trustees shall review this Comprehensive Plan amendment at intervals not to exceed five years from the date of adoption, and shall determine whether amendments are warranted in light of changed conditions, new development, or updated data.”

(c) The narrative descriptions of individual historic properties contained in Appendix B of the adopted Study are hereby removed from the Comprehensive Plan amendment. Appendix B may be retained by the Village Clerk as a reference document but does not constitute an operative provision of the Comprehensive Plan for purposes of land use review.

  1. The Village planner shall incorporate the amendments set forth in Section 1 into the Study document without substantive alteration. The Village Clerk shall file the amended Study in the office of the Village Clerk upon receipt of the final document from the planner.

  2. The amendments set forth herein are subject to the State Environmental Quality Review Act. The Board determines that the amendments constitute a Type I action under 6 NYCRR § 617.4(b)(2) and adopts a negative declaration, determining that the amendments will not result in any significant adverse environmental impacts. The amendments clarify language, improve data presentation, expand the historic resource inventory, and add a periodic review provision; they do not alter the geographic scope or permitted uses of the adopted Study.

  3. The Board directs the Village Clerk to file a copy of the amended Study with the Dutchess County Department of Planning and Development, in accordance with Village Law § 7-722(12), and to transmit a copy of this resolution and the amendments in accordance with General Municipal Law § 239-m.

  4. If any section, subsection, clause, or provision of this resolution is adjudged invalid or unenforceable by a court of competent jurisdiction, the remainder of this resolution shall not be affected and shall remain in full force and effect.

  5. This resolution shall take effect immediately.

Motion by: ____________________ Seconded by: __________________

The foregoing resolution was duly put to a vote, which resulted as follows:

Mayor Smythe□Aye□Nay□Abstain□Recuse□Absent/Excused
Deputy Mayor Kjarval□Aye□Nay□Abstain□Recuse□Absent/Excused
Trustee Uku□Aye□Nay□Abstain□Recuse□Absent/Excused
Trustee Allen□Aye□Nay□Abstain□Recuse□Absent/Excused
Trustee Rothstein□Aye□Nay□Abstain□Recuse□Absent/Excused
Vote Total
ResultMotion:

I hereby attest that the above Resolution was approved by the Board of Trustees at its April 13, 2026 meeting, and that I have been authorized to sign this Resolution by decision of the Board of Trustees.

Jennifer Cavanaugh, Clerk

Date

Sue Serino County Executive

Eoin Wrafter, AICP Commissioner

Dutchess County Government

Department of Planning & Development

March 12, 2025

To: Village Board, Village of Red Hook

Re: ZR26-032 – North Broadway Corridor Land Use and Zoning Study (Amendment to Comp Plan)

The Dutchess County Department of Planning & Development has reviewed the subject referral within the framework of General Municipal Law (Article 12B, §239-l/m).

ACTION

The Village seeks to adopt a land use study that analyzes current conditions within the North Broadway corridor. The proposed land use study is intended to serve as an addendum to the Village’s comprehensive plan and will provide the foundation for future zoning amendments.

GENERAL COMMENTS - The department supports the intent behind the subject land use study as it will allow the Village to begin the process of amending the zoning within the study area in a way that would allow for smart growth development to occur within this currently underutilized area. The Village has long been committed to pursuing smart growth principles in order to guide future development within their existing center with the goal of preserving existing greenspaces and agricultural lands that surround it, making it an exemplary model of a Hudson River Valley Greenway Compact community. We look forward to reviewing the forthcoming zoning amendments should this land use study be adopted by the Board and as always, we encourage the Village to reach out to us early in the process for a preliminary review prior to our formal GML-239 review.

Demographics and Housing Data - Certain tables within this section compare 2024 ACS 5-year estimates with earlier decennial census counts. The Board should consider adding a footnote to explain the differences in methodology of these two data sources, as decennial census counts are meant to provide a precise count, while ACS 5-year estimates represent a period estimate averaged over 60 months and contain a margin of error. For instance, the 2024 ACS 5-year estimates for the population within the Village of Red Hook has a margin of error of ± 336. This is important to note given that table 1 indicates that from 2020 to 2024 the Village had seen the highest rate of population change in recent history, which may be affected by the margin of error attributed to this data point.

Table 2 shows data for household size only for the year 2024. It may be more compelling to provide the data on household sizes from previous years, to show the trend of average household sizes shrinking over time. This would mean that even if the Villages population were to remain relatively stable over time, they would still need to produce more housing units to house the same number of people today.

RECOMMENDATION

The Department recommends that the Board rely upon its own study of the facts in the case with due consideration of the above comments.

Eoin Wrafter, AICP, Commissioner By Clayton Gurnett, Planner

85 Civic Center Plaza, Suite 107, Poughkeepsie, NY 12601 | (845) 486-3600 | Fax:(845) 486-3610 dutchessny.gov