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RESOLUTION TO ADOPT THE NORTH BROADWAY CORRIDOR LAND USE AND ZONING STUDY AS AN AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN

↑Meetings/Resolutions/9-2026
Activeformal_resolutionongoingThe Board adopts the North Broadway Corridor Land Use and Zoning Study as an amendment to the Village Comprehensive Plan, determines it is a Type 1 SEQRA action with a negative declaration of environmental significance, and directs the Village Clerk to append the study to the Comprehensive Plan.
First seen
2026-03-23
Latest event
2026-03-23
adopted
Expires
—

Resolution text

RESOLVED

  1. The Mayor is hereby authorized and directed nunc pro tunc to execute page 13 of the EAF on file with the Village Clerk
  2. The Proposed Amendment is a Type 1 SEQRA action and there are no other involved agencies
  3. The Board hereby adopts a determination of significance, a negative declaration, determining that the Proposed Amendment will not result in any significant adverse environmental impacts and that a Draft Environmental Impact Statement would not be prepared, and directs the Mayor to execute Part 3 of EAF
  4. Adopts the Proposed Amendment as an amendment to the Village's Comprehensive Plan and directs the Village Clerk to append a copy of the Proposed Amendment to the Village Comprehensive Plan and make any other required notations to the Comprehensive Plan to acknowledge the new amendment
Show preamble — 11 WHEREAS clauses
  • WHEREAS, a proposed amendment to the Village Comprehensive Plan entitled "North Broadway Corridor Land Use and Zoning Study" (the "Proposed Amendment") has been submitted to the Village Board of Trustees of the Village of Red Hook (the "Board")
  • WHEREAS, the Proposed Amendment reviews existing conditions and development needs in the Village and proposed parameters for new zoning regulations which would meet those needs, to be adopted by local law after the Comprehensive Plan is amended as part of the same action
  • WHEREAS, a Full Environmental Assessment Form ("EAF") dated March 2, 2026, has been prepared on behalf of the Board, and is on file with the Village Clerk
  • WHEREAS, in accordance with the New York State Environmental Quality Review Act ("SEQRA"), the Board is required to determine the classification of the proposed project
  • WHEREAS, pursuant to 6 NYCRR § 617.4(b)(2), the adoption of changes in the allowable uses within any zoning district, affecting 25 or more acres of the district, constitutes a Type I action under SEQRA
  • WHEREAS, the Village Board held a public hearing to gather input on the preparation of the Proposed Amendment on December 8, 2025, during which all those who wished to speak were heard
  • WHEREAS, the Village Board held a second duly noticed public hearing on the Proposed Amendment on January 12, 2026, which was extended to February 9, 2026 and March 9, 2026, during which all those who wished to speak were heard
  • WHEREAS, the Proposed Amendment was referred to the Dutchess County Department of Planning and Development pursuant to Section 239-m of the General Municipal Law, which responded on March 12, 2026, that it was a matter of local concern with comments
  • WHEREAS, a copy of the Proposed Amendment is on file with the Village Clerk, with minor amendments made during the March 9, 2026 meeting
  • 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
  • WHEREAS, the Board has considered the criteria contained in 6 NYCRR § 617.7 and thoroughly analyzed all identified relevant areas of environmental concern

Legal analysisissues for consideration

Computer-generated analysis using NY State statutes and OSC guidance. Not legal advice. Frames concerns as questions, not pronouncements. Trustees and counsel make the call.

The most significant issues raised by this resolution are: (1) whether the 3-2 vote satisfies GML § 239-m(5)'s potential supermajority requirement given the Dutchess County Planning Department's response with comments — if four votes are required, the action may not have passed; (2) whether the nunc pro tunc authorization of the Mayor's EAF signature is consistent with SEQRA's requirement that the lead agency's environmental review record be complete before a significance determination is made; and (3) whether the contemplated follow-on zoning local law will be separately processed under Village Law and Municipal Home Rule Law procedures, including any applicable permissive referendum window under VIL § 9-908. Counsel review of the § 239-m vote threshold issue is the highest priority given the divided vote.
mediumStatute
The resolution authorizes the Mayor to execute page 13 of the EAF 'nunc pro tunc' — consider whether retroactive ratification of a SEQRA document is procedurally valid under 6 NYCRR Part 617.
The first RESOLVED clause directs the Mayor to sign page 13 of the Full Environmental Assessment Form 'nunc pro tunc,' implying the signature was not obtained before the resolution was adopted. Under 6 NYCRR § 617.6, the lead agency is responsible for the environmental review process, and the EAF is a foundational document in that process. Retroactive authorization of a signature on a document that forms the evidentiary basis for the negative declaration may raise questions about whether the SEQRA record was complete at the time the Board made its significance determination. Consider whether counsel can confirm that nunc pro tunc execution of an EAF component is consistent with DEC's SEQRA regulations and case law on lead agency procedure.
6 NYCRR § 617.6 · source ↗
6 NYCRR § 617.4(b)(2) · source ↗
mediumStatute
The resolution identifies the Board as lead agency and states 'there are no other involved agencies' — consider whether coordination with other potentially involved agencies was required before the Board assumed lead agency status under 6 NYCRR § 617.6(b).
Under 6 NYCRR § 617.6(b), when an action involves multiple agencies with jurisdiction, there is a lead agency coordination process. The Proposed Amendment addresses land use and zoning parameters that may implicate the Dutchess County Department of Planning (which did respond under GML § 239-m), the New York State Department of Transportation (if North Broadway is a state or county road), or other agencies. The resolution's bare assertion that 'there are no other involved agencies' may warrant documentation in the record showing that the Board affirmatively considered whether other agencies hold discretionary approval authority. Counsel should confirm that the lead agency determination was properly made and documented.
6 NYCRR § 617.6(b) · source ↗
mediumStatute
The WHEREAS clauses reference that zoning regulations are 'to be adopted by local law after the Comprehensive Plan is amended as part of the same action' — consider whether the contemplated zoning changes must follow the Municipal Home Rule Law's local law procedure, including a separate public hearing and potential permissive referendum.
Village Law § 7-706 and Municipal Home Rule Law § 20 require that changes to zoning be adopted by local law, which carries its own procedural requirements distinct from a comprehensive plan amendment, including public notice, hearing, and in some cases a permissive referendum under Village Law § 9-908. The WHEREAS clause suggests the zoning local law is intended to follow immediately as part of 'the same action,' but no RESOLVED clause in this resolution adopts any zoning change. Trustees should confirm that a separate local law process — with its own notice, hearing, and referendum window — will be followed before any zoning amendments take legal effect, and that the present resolution is not being relied upon to accomplish the zoning change itself.
VIL §9-908 · source ↗
MHR §20 · source ↗
lowStatute
The resolution references GML § 239-m referral to Dutchess County Planning — consider whether the County's response with 'comments' required any formal Board action or findings before adoption.
GML § 239-m(5) provides that where a county planning agency returns a referral with recommendations (as opposed to a simple 'no county interest' response), the referring body must either act in accordance with the recommendations or, if it overrides them, pass the action by a majority plus one vote and set forth the reasons in a resolution. The WHEREAS clause notes the County responded 'with comments' but the resolution does not address those comments or indicate how the Board responded to them. Trustees and counsel should confirm whether the County's comments constituted 'recommendations' under § 239-m(5) and, if so, whether the 3-2 vote satisfies the required majority-plus-one threshold and whether a statement of reasons is needed.
GML §239-m(5) · source ↗
lowStatute
The resolution notes 'minor amendments made during the March 9, 2026 meeting' to the Proposed Amendment — consider whether those amendments were made after the close of the noticed public hearings and whether additional notice or hearing was required.
WHEREAS clause 9 states that a copy of the Proposed Amendment on file with the Village Clerk includes 'minor amendments made during the March 9, 2026 meeting.' The final public hearing was also held (or extended) on March 9, 2026. If amendments were made to the Proposed Amendment during or after that hearing, trustees should confirm that those changes were within the scope of the noticed public hearing and did not constitute a material change requiring renewed notice under VIL § 21-2100. What constitutes a 'minor' amendment versus a substantive one may warrant counsel's review.
VIL §21-2100 · source ↗
“Any notice of a hearing, not otherwise specifically required by law shall be given in the following manner: by publication of such notice in the official newspaper of the village or if there be none, in a newspaper of general circulation in the village wherein the hearing is to be held.”
mediumProcedure
The resolution passed 3-2 — consider whether GML § 239-m(5) requires a majority-plus-one (i.e., a supermajority) given the County's response with comments, and whether the 3-2 vote satisfies that threshold.
As noted in the statute layer, GML § 239-m(5) may require a vote of a majority plus one of the full Board to override county planning recommendations. For a five-member Board of Trustees, that would require four affirmative votes. A 3-2 vote would not satisfy that threshold. The resolution does not address the County's comments or recite any § 239-m override finding. Counsel should confirm whether the County's response triggers the supermajority requirement and, if so, whether the resolution's passage is valid at the 3-2 vote recorded.
GML §239-m(5) · source ↗
lowProcedure
The resolution record does not reflect discussion of the dissenting votes or the County planning comments — consider whether the minutes document adequate deliberation on both.
The resolution passed on a divided 3-2 vote on a substantive land use policy question. Best practice for Board record-keeping is that minutes reflect the basis for the majority's action, particularly where a county agency has submitted comments and two trustees voted no. The absence of any recorded deliberation on the County's comments or the minority position may make the record harder to defend if the adoption is later challenged. Consider whether the meeting minutes (separate from the resolution text) document the Board's reasoning adequately.
Analysis provenance
Prompt
legal_analysis_v1
Model
claude-sonnet-4-6
Generated
2026-04-29T10:18:11+00:00
Prompt hash
785ad6829993565f
Corpus hash
add22d4dd34c41d2 (950 entries)

Document references

Cites or incorporates
Cited by

Lifecycle (1 event)

2026-03-23adoptedvote: 3-2
Adopt the North Broadway Corridor Land Use and Zoning Study as an amendment to the Village Comprehensive Plan.
moved by Smith · seconded by Kjarval
Show text snapshot for this event
Resolved
  1. The Mayor is hereby authorized and directed nunc pro tunc to execute page 13 of the EAF on file with the Village Clerk
  2. The Proposed Amendment is a Type 1 SEQRA action and there are no other involved agencies
  3. The Board hereby adopts a determination of significance, a negative declaration, determining that the Proposed Amendment will not result in any significant adverse environmental impacts and that a Draft Environmental Impact Statement would not be prepared, and directs the Mayor to execute Part 3 of EAF
  4. Adopts the Proposed Amendment as an amendment to the Village's Comprehensive Plan and directs the Village Clerk to append a copy of the Proposed Amendment to the Village Comprehensive Plan and make any other required notations to the Comprehensive Plan to acknowledge the new amendment
Whereas
  • WHEREAS, a proposed amendment to the Village Comprehensive Plan entitled "North Broadway Corridor Land Use and Zoning Study" (the "Proposed Amendment") has been submitted to the Village Board of Trustees of the Village of Red Hook (the "Board")
  • WHEREAS, the Proposed Amendment reviews existing conditions and development needs in the Village and proposed parameters for new zoning regulations which would meet those needs, to be adopted by local law after the Comprehensive Plan is amended as part of the same action
  • WHEREAS, a Full Environmental Assessment Form ("EAF") dated March 2, 2026, has been prepared on behalf of the Board, and is on file with the Village Clerk
  • WHEREAS, in accordance with the New York State Environmental Quality Review Act ("SEQRA"), the Board is required to determine the classification of the proposed project
  • WHEREAS, pursuant to 6 NYCRR § 617.4(b)(2), the adoption of changes in the allowable uses within any zoning district, affecting 25 or more acres of the district, constitutes a Type I action under SEQRA
  • WHEREAS, the Village Board held a public hearing to gather input on the preparation of the Proposed Amendment on December 8, 2025, during which all those who wished to speak were heard
  • WHEREAS, the Village Board held a second duly noticed public hearing on the Proposed Amendment on January 12, 2026, which was extended to February 9, 2026 and March 9, 2026, during which all those who wished to speak were heard
  • WHEREAS, the Proposed Amendment was referred to the Dutchess County Department of Planning and Development pursuant to Section 239-m of the General Municipal Law, which responded on March 12, 2026, that it was a matter of local concern with comments
  • WHEREAS, a copy of the Proposed Amendment is on file with the Village Clerk, with minor amendments made during the March 9, 2026 meeting
  • 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
  • WHEREAS, the Board has considered the criteria contained in 6 NYCRR § 617.7 and thoroughly analyzed all identified relevant areas of environmental concern
Subject key: north_broadway_comprehensive_plan_amendment