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RESOLUTION GRANTING APPROVAL FOR ACQUISITION OF COOKINGHAM FARM EAST OF RT.9 FOR THE PURPOSE OF PRESERVATION OF OPEN SPACE AND INCLUDING THE USE OF MONEYS IN THE INCENTIVE ZONING FUND

↑Meetings/Resolutions/13-2023
Activeformal_resolutionongoingThe Town Board approves the purchase of Cookingham Farm East (approximately 112.94 acres) at a purchase price of up to $2,475,000 for preservation of open space, allocates up to $611,000 from the Incentive Zoning Fund, and authorizes the Supervisor to execute a purchase agreement with provisions for reconveyance of certain parcels within three years.
First seen
2023-02-22
Latest event
2023-02-22
adopted
Expires
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Resolution text

RESOLVED

  1. the Town Board finds that (a) the Property is threatened by development; (b) acquisition of the Property as a whole assemblage in fee in a negotiated purchase is necessary in order to provide for preservation of the critical mass of significant farmland interests described above; (b) it would be beneficial for the Town's purposes that approximately 94 acres of the total acreage of the Property shall be made subject to a conservation easement (CE Acreage); (c) initial acquisition in fee as a means to make portion of the lands subject to a conservation easement constitutes the best alternative for the protection of such lands available for the Town, and (d) such acquisition is in furtherance of Town's goals for the preservation of open space
  2. the purchase of the Property at a purchase price of up to $2,475,000 is approved on the proposed terms set forth herein
  3. Pursuant to a resolution approved on the date hereof, a portion of the Property consisting of the CE Acreage is to permanently preserved through a conservation easement
  4. the allocation of up to $611,000 of monies from the Incentive Zoning Fund for purposes permitted by Section 143-49.2(E)(1)(c) of the Zoning Code is hereby approved
  5. A portion of the Property consisting of approximately 6.8 acres in and around Parcels 4, 6 and 10 is proposed to be reconveyed as soon as practicable following the preservation of the CE Acreage, with due regard to the purposes of the acquisition and the best interests of the Town; or alternatively excluded from the initial purchase with a net purchase price not to exceed $1,600,000. A portion of the Property consisting of approximately 12 acres in the southwesterly portion of Parcel 1 and Parcel 9 is proposed to be reconveyed as soon as practicable following the preservation of the CE Acreage, with due regard to the purposes of the acquisition and the best interests of the Town. Such parcels to be reconveyed shall be disposed of within three years of acquisition
  6. the Supervisor or, in his absence, the Deputy Supervisor, is hereby authorized and directed to execute a purchase agreement consistent with this resolution. The officers, employees and agents of the Town are hereby authorized and directed for and in the name and on behalf of the Town to do all acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing resolution
Show preamble — 7 WHEREAS clauses
  • WHEREAS, Town's Comprehensive Plan goals include maintenance and protection of the rural character and scenic resources of the community; requiring that significant open space, consistent with the Town's rural character, be preserved; conservation of prime and other important agricultural soils
  • WHEREAS, the Town has recognized in its Community Preservation Project Plan, adopted pursuant to Chapter 57 of the Town Code, that agriculture is of great economic importance to the community, with one-third of the Town's land area devoted to farming; that protection of Red Hook's rural quality, agricultural character and its natural environment are major goals for residents of the Town; that the Town's farmland and open space is vital to the future social, economic and environmental health of the Town; and that larger blocks of preserved lands can often have greater benefits for the community, such as helping to solidify a critical mass of farms and farmers to maintain industry strength
  • WHEREAS, the Town's Open Space Plan encouraged the use of incentive zoning to channel growth to desirable locations, such as existing residential areas or commercial centers, in order to protect farmland
  • WHEREAS, the Cookingham Farm (East) located east of Rt. 9 is an approximately 112.94+/- acre farm including lands used in agricultural production, with approximately 76.3 acres of prime farmlands, and 4.2 acres of soils of statewide importance, and important water resources used for agricultural production, with associated worker housing, farmhouse, and other farm structures, has been made available for sale only as a single assemblage and not in part consisting of specified parcels all located in the Town of Red Hook, Dutchess County, New York
  • WHEREAS, a public hearing was duly held by the Town Board on the 22nd day of February, 2023 at 7:45 p.m. (Prevailing Time) at the Town Hall in the Town, and discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition regarding the acquisition of an interest or right in real property to preserve open space with respect to the Property
  • WHEREAS, based on the offer for sale solely as a single assemblage and the importance of the unique resources offered by the site, the Town is proposing to purchase the Property as a whole, at a price determined by the Town to reflect fair market value, for the purpose of preservation of open space authorized by General Municipal Law Section 247 and Local Law 3 of 2023
  • WHEREAS, the Town Board has determined that such action is a Type 1 action and, based on the review of an Environmental Assessment Form and all other information available to the Board, that the proposed action will not have a significant effect on the environment

Lifecycle (1 event)

2023-02-22adoptedvote: unanimous
Grant approval for acquisition of Cookingham Farm East of Route 9 for the purpose of preservation of open space and including the use of moneys in the Incentive Zoning Fund.
moved by McKeon · seconded by Kane
Show text snapshot for this event
Resolved
  1. the Town Board finds that (a) the Property is threatened by development; (b) acquisition of the Property as a whole assemblage in fee in a negotiated purchase is necessary in order to provide for preservation of the critical mass of significant farmland interests described above; (b) it would be beneficial for the Town's purposes that approximately 94 acres of the total acreage of the Property shall be made subject to a conservation easement (CE Acreage); (c) initial acquisition in fee as a means to make portion of the lands subject to a conservation easement constitutes the best alternative for the protection of such lands available for the Town, and (d) such acquisition is in furtherance of Town's goals for the preservation of open space
  2. the purchase of the Property at a purchase price of up to $2,475,000 is approved on the proposed terms set forth herein
  3. Pursuant to a resolution approved on the date hereof, a portion of the Property consisting of the CE Acreage is to permanently preserved through a conservation easement
  4. the allocation of up to $611,000 of monies from the Incentive Zoning Fund for purposes permitted by Section 143-49.2(E)(1)(c) of the Zoning Code is hereby approved
  5. A portion of the Property consisting of approximately 6.8 acres in and around Parcels 4, 6 and 10 is proposed to be reconveyed as soon as practicable following the preservation of the CE Acreage, with due regard to the purposes of the acquisition and the best interests of the Town; or alternatively excluded from the initial purchase with a net purchase price not to exceed $1,600,000. A portion of the Property consisting of approximately 12 acres in the southwesterly portion of Parcel 1 and Parcel 9 is proposed to be reconveyed as soon as practicable following the preservation of the CE Acreage, with due regard to the purposes of the acquisition and the best interests of the Town. Such parcels to be reconveyed shall be disposed of within three years of acquisition
  6. the Supervisor or, in his absence, the Deputy Supervisor, is hereby authorized and directed to execute a purchase agreement consistent with this resolution. The officers, employees and agents of the Town are hereby authorized and directed for and in the name and on behalf of the Town to do all acts and things as may be necessary or, in the opinion of the officer, employee or agent acting, desirable and proper to effect the purposes of the foregoing resolution
Whereas
  • WHEREAS, Town's Comprehensive Plan goals include maintenance and protection of the rural character and scenic resources of the community; requiring that significant open space, consistent with the Town's rural character, be preserved; conservation of prime and other important agricultural soils
  • WHEREAS, the Town has recognized in its Community Preservation Project Plan, adopted pursuant to Chapter 57 of the Town Code, that agriculture is of great economic importance to the community, with one-third of the Town's land area devoted to farming; that protection of Red Hook's rural quality, agricultural character and its natural environment are major goals for residents of the Town; that the Town's farmland and open space is vital to the future social, economic and environmental health of the Town; and that larger blocks of preserved lands can often have greater benefits for the community, such as helping to solidify a critical mass of farms and farmers to maintain industry strength
  • WHEREAS, the Town's Open Space Plan encouraged the use of incentive zoning to channel growth to desirable locations, such as existing residential areas or commercial centers, in order to protect farmland
  • WHEREAS, the Cookingham Farm (East) located east of Rt. 9 is an approximately 112.94+/- acre farm including lands used in agricultural production, with approximately 76.3 acres of prime farmlands, and 4.2 acres of soils of statewide importance, and important water resources used for agricultural production, with associated worker housing, farmhouse, and other farm structures, has been made available for sale only as a single assemblage and not in part consisting of specified parcels all located in the Town of Red Hook, Dutchess County, New York
  • WHEREAS, a public hearing was duly held by the Town Board on the 22nd day of February, 2023 at 7:45 p.m. (Prevailing Time) at the Town Hall in the Town, and discussion on the matter having been had and all persons desiring to be heard having been heard, including those in favor of and those in opposition regarding the acquisition of an interest or right in real property to preserve open space with respect to the Property
  • WHEREAS, based on the offer for sale solely as a single assemblage and the importance of the unique resources offered by the site, the Town is proposing to purchase the Property as a whole, at a price determined by the Town to reflect fair market value, for the purpose of preservation of open space authorized by General Municipal Law Section 247 and Local Law 3 of 2023
  • WHEREAS, the Town Board has determined that such action is a Type 1 action and, based on the review of an Environmental Assessment Form and all other information available to the Board, that the proposed action will not have a significant effect on the environment
Subject key: cookingham_farm_acquisition_and_preservation