Red Hook board continues public hearing on proposed zoning update; D2 will incorporate county and committee comments

The Town Board of Red Hook opened a public hearing Dec. 30 on a proposed update to the town zoning law (Local Law D-1 proposed of 2024) and unanimously voted to hold the hearing open to consider a revised draft, referred to as D-2.

The hearing notice read by Town Clerk Deanna Cochran said the board classified the action as a Type I and would serve as lead agency for environmental review. A resident asked for clarification about the multiple draft labels, saying, “Why is there a D-1 and a D-2?” Town Attorney Chris Shaw responded that D-2 is a revised version that incorporates recent written comments, including comments from Dutchess County Planning, and that the board was proposing to take up D-2 at a later continuation of the hearing.

The board emphasized that D-1 was the advertised document and that procedural rules require the board to hear public comment on the advertised text before voting to continue the hearing on a revised text. The board adopted Resolution 128 to establish a continued public hearing on Local Law D-2 for the board's next scheduled meeting (the board set the continuation for Jan. 14 at 7:35 p.m.). The motion passed unanimously.

Why it matters: The zoning revisions include definitions and use rules that affect waterfront and marine-related activities, parking and restroom facility requirements for certain uses, and where special permits are required. Those changes could affect property owners, boat clubs and operators, and shoreline neighbors.

Key points from the draft and board discussion

- Definitions and redline: The D-2 draft adds a definition of “dock” (the board said the definition was taken from an example used by a park agency) so that uses tied to docks and marine activity are described consistently.

- Setbacks and time limitations: The draft removes certain time-limit provisions and specific distance provisions from the zoning code; the board was told those limits are being addressed in a separate regulation under consideration elsewhere, not in the zoning local law itself. Chris Shaw advised that state regulations would still apply where relevant and that special-permit conditions can require licenses and compliance with applicable state limits.

- Sewage/restroom clarification: Language in the draft replaces the term “sewage disposal” with “restroom facilities” to clarify expectations for sanitation at certain recreational or club uses.

- Mooring/wet slips: The draft replaces the term “wet slips” with “mooring” and adds a restriction tied to navigation law: mooring is not permitted within 1,500 feet of the shoreline except in limited circumstances. The draft allows short-term seasonal mooring (not more than 30 days) for recreational vessels that do not include living or sleeping quarters; longer-term or occupied moorings were described as not permitted under the current draft. The board noted that some commenters asked for broader marine-facility allowances; the board said that is a policy decision to be discussed further.

- Scope of special permits: Boat clubs and boat ramps remain identified as uses requiring special permits in the zones addressed by the draft; the special-permit process allows the town to add conditions such as parking, water supply and restroom requirements.

Public comment and late submissions

Board members noted they received written comments shortly before the meeting from Dutchess County Planning and other committees (the town clerk confirmed at least two written comments had been received that day and additional paper comments were handed in at the meeting). The board said it would accept and consider written comments submitted up to the continued hearing date and preferred to review late submissions before deciding whether further edits were needed.

Board action

- Resolution 128: Establish continued public hearing on Local Law D-2 (date/time set for the board's next meeting). Outcome: adopted unanimously.

What remains unresolved

Board members and the attorney flagged several points for further discussion at the continued hearing: whether to allow broader marine facilities beyond the current prohibitions (fueling/pump-out prohibitions remain in the draft), how to reconcile local distances and time limits with applicable state navigation law, and whether additional changes requested in late comments should be incorporated in a later revision (e.g., D-3) and re-advertised for public hearing.

Next steps

The board will review the written comments received, consider revisions to produce D-2 for public review, and hold the continued public hearing on the revised draft at the time stated in Resolution 128. Written comments submitted to the town clerk before that hearing will be part of the public record.