RHINEBECK – The Town Board on Monday told CSI Developers that proof is needed that a building moratorium has created financial hardships for them before an application for a mixed-use retail office building can be reviewed.
The comments were made during a public hearing, which was kept open while officials wait for more information about the proposed project on state Route 9G.
Councilman Dod Crane said there is a concern that other waivers would have to be granted if CSI Development is permitted to move forward without proof there is financial risk.
“If we grant a variance without proper justification that meets proper financial standards from an applicant such as yourself we open the door to a series of other applications for variances to the moratorium,” he said.
CSI Developers attorney Josh Kimerling said the Town Board would have to base decisions on the merits of each project.
“I don’t believe there is a legitimate concern … that just because this board takes a position on this particular application, based on the facts and circumstances of this application and the submissions, that it necessarily dictates the same result in subsequent applications,” he said.
Under the site plan application, CSI Developers would have 7,995 square feet of commercial space on the first floor of proposed two-story building and a second building with 2,500 square feet of medical offices on two floors.
CSI Developers on June 18 filed a state Article 78 lawsuit in state Supreme Court in Dutchess County challenging the town’s year-old building ban and on Aug. 4 submitted papers for a second case challenging the validity of the moratorium.
CSI Developers attorney Neil Alexander last month said the application represents the third time efforts have been made to find a use for the property that meets existing and proposed zoning regulations.