Red Hook WatchIndependent Community Resource

RESOLUTION GRANTING APPROVAL FOR THE USE OF MONEYS IN THE COMMUNITY PRESERVATION FUND FOR THE PURCHASE OF DEVELOPMENT RIGHTS OF THE COOKINGHAM FARM EAST OF RT.9

↑Meetings/Resolutions/14-2023
Expiredformal_resolutionongoingThe Town Board approves the purchase of development rights (conservation easement) in approximately 94 acres of Cookingham Farm parcels for preservation of a working farm with approximately 70 acres of prime farmland soils and 4 acres of statewide important farmland soils, with an estimated cost of $1,000,000 financed from the Community Preservation Fund, subject to conditions including appraisal review and final conservation easement approval within 12 months.
First seen
2023-02-22
Latest event
2023-02-22
adopted
Expires
2024-02-22

Resolution text

RESOLVED

  1. the purchase of development rights in the CE Parcels and the establishment of a conservation easement is approved on the proposed terms set forth herein, subject to the following conditions: a) submission and review of an appraisal addressed to the Town which includes the form of conservation easement supporting the acquisition price; b) the final terms of the conservation easement to be approved by the Town Board; and c) the foregoing conditions to be satisfied within 12 months unless such date is extended by further resolution of the Town Board
  2. 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 — 11 WHEREAS clauses
  • WHEREAS, pursuant to the Town's Community Preservation Fund Program, an application has been submitted by RTC Farm LLC for acquisition of an interest in property, including a conservation easement or a third party enforcement right in a conservation easement, with respect to approximately 112.94 +/- total acres, consisting of specified parcels all located in the Town of Red Hook, Dutchess County, New York
  • WHEREAS, pursuant to Chapter 57 of the Town Code, the Town Board has established a Community Preservation Fund (CPF), has adopted a Community Preservation Project Plan (the CPF Plan), and the Board has referred the application to the CPF Advisory Committee duly appointed by the Board (the Committee) for review of such application and rating according to the Program criteria established in the Community Preservation Fund Plan, taking into account the importance of the resource and the anticipated availability of funding by others and the availability of funding under the Town's Community Preservation Fund Program
  • WHEREAS, Parcel 2 was identified in the CPF Plan as the number one priority for preservation, and the plan further notes that preservation of contiguous property would be a priority in order to help to solidify an important critical mass of farms and farmers
  • WHEREAS, the Community Preservation Fund Advisory Board (CPF Board) has reviewed the application based on the priority rankings set forth in the CPF Plan, and has recommended that the Town Board allocate moneys from the CPF for the Property
  • WHEREAS, a public hearing was duly held by the Town Board on the 22nd day of February, 2023 at 7:35 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, it is proposed that the Town acquire a perpetual conservation easement in an approximately 94 acre portion of Parcels 1 through 3, 5, and 7 through 9 (the CE Parcels) substantially as shown in a preliminary resource map on file with the Town Clerk, with an estimated cost of $1,000,000 based on the estimated value of the conservation easement and related costs, and such acquisition cost including related costs is proposed to be financed from the CPF Program
  • WHEREAS, the proposed conservation easement would be acquired for the purpose of preserving a working farm, including approximately 70 acres of prime farmland soils, approximately 4 acres of statewide important farmland soils, and water resources
  • WHEREAS, it is proposed that a not for profit conservation organization as defined in Section 49-0303 of the NYS Environmental Conservation Law approved by the Town (the Conservancy), may assist the Town in the preparation of resource analysis, conservation easement and baseline documentation in connection with the acquisition and may be a party to the perpetual conservation easement regarding the CE Parcels for the purpose of providing for assistance with monitoring and enforcement
  • 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
  • WHEREAS, the Town Board has given due consideration to the recommendation of the CPF Board, and has further reviewed the application documents and has determined that the purchase of development rights in the CE Parcels is a high priority project on the basis of the importance of the resources to be preserved, the anticipated availability of funding by others, and the availability of funding under the Town's CPF
  • WHEREAS, the purchase of development rights in the CE Parcels as proposed is in the best interests of the Town

Lifecycle (1 event)

2023-02-22adoptedvote: unanimous
Grant approval for the use of moneys in the Community Preservation Fund for the purchase of development rights of the Cookingham Farm East of Route 9.
moved by Kane · seconded by Testa
Show text snapshot for this event
Resolved
  1. the purchase of development rights in the CE Parcels and the establishment of a conservation easement is approved on the proposed terms set forth herein, subject to the following conditions: a) submission and review of an appraisal addressed to the Town which includes the form of conservation easement supporting the acquisition price; b) the final terms of the conservation easement to be approved by the Town Board; and c) the foregoing conditions to be satisfied within 12 months unless such date is extended by further resolution of the Town Board
  2. 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, pursuant to the Town's Community Preservation Fund Program, an application has been submitted by RTC Farm LLC for acquisition of an interest in property, including a conservation easement or a third party enforcement right in a conservation easement, with respect to approximately 112.94 +/- total acres, consisting of specified parcels all located in the Town of Red Hook, Dutchess County, New York
  • WHEREAS, pursuant to Chapter 57 of the Town Code, the Town Board has established a Community Preservation Fund (CPF), has adopted a Community Preservation Project Plan (the CPF Plan), and the Board has referred the application to the CPF Advisory Committee duly appointed by the Board (the Committee) for review of such application and rating according to the Program criteria established in the Community Preservation Fund Plan, taking into account the importance of the resource and the anticipated availability of funding by others and the availability of funding under the Town's Community Preservation Fund Program
  • WHEREAS, Parcel 2 was identified in the CPF Plan as the number one priority for preservation, and the plan further notes that preservation of contiguous property would be a priority in order to help to solidify an important critical mass of farms and farmers
  • WHEREAS, the Community Preservation Fund Advisory Board (CPF Board) has reviewed the application based on the priority rankings set forth in the CPF Plan, and has recommended that the Town Board allocate moneys from the CPF for the Property
  • WHEREAS, a public hearing was duly held by the Town Board on the 22nd day of February, 2023 at 7:35 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, it is proposed that the Town acquire a perpetual conservation easement in an approximately 94 acre portion of Parcels 1 through 3, 5, and 7 through 9 (the CE Parcels) substantially as shown in a preliminary resource map on file with the Town Clerk, with an estimated cost of $1,000,000 based on the estimated value of the conservation easement and related costs, and such acquisition cost including related costs is proposed to be financed from the CPF Program
  • WHEREAS, the proposed conservation easement would be acquired for the purpose of preserving a working farm, including approximately 70 acres of prime farmland soils, approximately 4 acres of statewide important farmland soils, and water resources
  • WHEREAS, it is proposed that a not for profit conservation organization as defined in Section 49-0303 of the NYS Environmental Conservation Law approved by the Town (the Conservancy), may assist the Town in the preparation of resource analysis, conservation easement and baseline documentation in connection with the acquisition and may be a party to the perpetual conservation easement regarding the CE Parcels for the purpose of providing for assistance with monitoring and enforcement
  • 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
  • WHEREAS, the Town Board has given due consideration to the recommendation of the CPF Board, and has further reviewed the application documents and has determined that the purchase of development rights in the CE Parcels is a high priority project on the basis of the importance of the resources to be preserved, the anticipated availability of funding by others, and the availability of funding under the Town's CPF
  • WHEREAS, the purchase of development rights in the CE Parcels as proposed is in the best interests of the Town
Subject key: cookingham_farm_conservation_easement_cpf