Resolution to Adopt Local Law 4 of 2023, Clarifying the Neighborhood Mixed Use District

VILLAGE OF RED HOOK RESOLUTION # - 2023 DATED: DECEMBER 11, 2023

A meeting of the Village of Red Hook Board of Trustees was convened in public session at the Village Hall, 7467 South Broadway, Red Hook, New York on December 11[th] , 2023. The meeting was called to order by Mayor Karen Smythe.

RESOLUTION TO ADOPT LOCAL LAW 4 of 2023, ENTITLED A LOCAL LAW TO CLARIFY THE PURPOSES AND INTENT OF THE NEIGHBORHOOD MIXED USE DISTRICT

WHEREAS, on November 13, 2023, a proposed form of a Local Law entitled “A Local Law to Clarify the Purposes and Intent of the Neighborhood Mixed Use District” (the “Proposed Local Law”) was laid on the desks of the Village Board of Trustees; and

WHEREAS, the Proposed Local Law clarifies that residential, commercial or mixed-uses are permitted on a single lot in the Neighborhood Mixed Use District; and

WHEREAS , pursuant to Section 239-m of the General Municipal Law, the Proposed Local Law was referred to the Dutchess County Department of Planning and Development which responded on December 11, 2023 that it was a matter of local concern; and

WHEREAS, a duly noticed public hearing on the Proposed Local Law was held on December 11, 2023, during which all those who wished to speak were heard; and

WHEREAS, on November 13, 2023, the Village Board of Trustees classified the Proposed Local Law as a Type I action in accordance with the New York State Environmental Quality Review Act (“SEQRA”) and declared itself Lead Agency as it is the only involved agency; and

WHEREAS, the Board has reviewed Parts 1, 2 and 3 of the EAF and information obtained through its own knowledge, the public hearing, its consultants and other agencies and has sufficient information on which to base a determination of significance; and

WHEREAS, the Board has considered the criteria contained in 6 NYCRR 617.7 and thoroughly analyzed all identified relevant areas of environmental concern; and

WHEREAS, on November 11, 2023, the Village Board of Trustees adopted a determination of significance, a negative declaration, determining that the Proposed Local Law would not result in any significant adverse environmental impacts; and

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

1. The Board hereby adopts a Negative Declaration, finding that the adoption of the Proposed Local Law will not result in any significant adverse environmental impacts and that a Draft Environmental Impact Statement will not be prepared.

2. The Board hereby adopts the Proposed Local Law as Local Law No. 4 of 2023 (the “Local Law”).

3. That the Village Clerk be and she hereby is directed to enter said Local Law in the minutes of this meeting and in the Village Code of the Village of Red Hook, to give due notice of the adoption of said Local Law to the Secretary of State of New York, and take all other actions as may be required by law.

4. The Village Clerk be and she hereby is directed to file notice of the Negative Declaration with the Environmental Notice Bulletin.

|Motion by: ____________________ Seconded by: _________________ Vote:|Motion by: ____________________ Seconded by: _________________ Vote:|Motion by: ____________________ Seconded by: _________________ Vote:|Motion by: ____________________ Seconded by: _________________ Vote:|Motion by: ____________________ Seconded by: _________________ Vote:|Motion by: ____________________ Seconded by: _________________ Vote:| |---|---|---|---|---|---| |Mayor Smythe|☐Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |DeputyMayor Kjarval|☐Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Laing|☐Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Bradley-Rickard|☐Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Appenzeller|☐Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Vote Total|||||| |Result|Motion:|||||

CERTIFICATE OF RECORDING OFFICER

The undersigned hereby certifies that:

(1) She is the duly qualified and acting Clerk of the Village of Red Hook, Dutchess County, New York (hereinafter called the "Village") and the custodian of the records of the Village, including the minutes of the proceedings of the Village Board, and is duly authorized to execute this certificate.

(2) Attached hereto is a true and correct copy of a resolution duly adopted at a meeting of the Village Board held on the 11[th] day of December 2023 and entitled:

RESOLUTION TO ADOPT LOCAL LAW 4 of 2023, ENTITLED A LOCAL LAW TO CLARIFY THE PURPOSES AND INTENT OF THE NEIGHBORHOOD MIXED USE DISTRICT

(3) Said meeting was duly convened and held and said resolution was duly adopted in all respects in accordance with law and the regulations of the Village. To the extent required by law or said regulations, due and proper notice of said meeting was given. A legal quorum of members of the Village Board was present throughout said meeting, and a legally sufficient number of members (majority of the Village Board) voted in the proper manner for the adoption of the resolution. All other requirements and proceedings under law, said regulations or otherwise incident to said meeting and the adoption of the resolution, including any publication, if required by law, have been duly fulfilled, carried out and otherwise observed.

(4) The seal appearing below constitutes the official seal of the Village and was duly affixed by the undersigned at the time this certificate was signed.

IN WITNESS WHEREOF, the undersigned has hereunto set her hand this _____ day of _________, 2023.

-SEAL-

____________________________________ Jen Cavanaugh Village Clerk