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Woodbury board denies water‑moratorium hardship waiver for 30 Valley Avenue; members say applicant did not demonstrate hardship

3755037 · February 14, 2025
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Summary

The Village of Woodbury Board denied a hardship waiver to the water‑connection moratorium for 30 Valley Avenue on Feb. 13 after concluding the applicant had not demonstrated the required hardship.

The Village of Woodbury Board on Feb. 13 denied a request for relief from the village water moratorium for the property at 30 Valley Avenue in Central Valley, ruling that the applicant had not demonstrated the legal standard of hardship required under the moratorium's hardship-waiver process.

Applicant presentation

David Nematko, the project designer, told the board the proposal would renovate and beautify the existing building, add architectural features reminiscent of the former train depot and add a second floor with two two‑bedroom apartments (four bedrooms total). He said site improvements approved by the planning board include new striping, a sidewalk connection, snow‑storage areas and an updated architectural design.

Nematko provided projected water‑use calculations: the existing commercial use is metered at roughly 345 gallons per day; proposed water‑saving fixture upgrades for the commercial component could reduce that by about 69–70 gallons per day (a projected savings of approximately 25,185 gallons per year). The two apartments would be counted by bedroom for design calculations at 110 gallons per day per bedroom, increasing the design rate to about 440 gallons per day.

Board deliberations and decision

Trustees pressed the applicant on the central question of hardship. Trustee Susan Ceriello said she did not see a hardship in the materials presented: “What is the hardship? Because I'm not seeing any hardship here,” she said. Other trustees and members of the public echoed that a visual improvement alone did not meet the hardship standard during an ongoing water crisis and while the village is protecting finite supply. Several board members noted the site already drew frequent complaints for litter and that cleaning and site maintenance by the present owner would improve the area without requiring relief from the moratorium.

After discussion the board voted to deny the waiver request. The mayor and trustees directed the clerk to record the grounds for denial as the absence of a demonstrated hardship under the village's moratorium standard.

What this means

The applicant may revise the proposal and reapply when the moratorium is lifted or provide additional evidence of hardship under the criteria set by the moratorium process. The denial leaves the planning-board approvals intact for design and parking, but the waiver needed to proceed with a building that increases water demand was not granted.