Red Hook WatchIndependent Community Resource

RESOLUTION GRANTING PRELIMINARY APPROVAL FOR THE USE OF MONEYS IN THE COMMUNITY PRESERVATION FUND FOR THE PURCHASE OF DEVELOPMENT RIGHTS OF THE BRITTANY HOLLOW FARM

↑Meetings/Resolutions/28-2020
Expiredformal_resolutionongoingThe Town Board grants preliminary approval to allocate up to $94,675 from the Community Preservation Fund to purchase development rights on the Brittany Hollow Farm parcels in Red Hook and Rhinebeck, with a perpetual conservation easement to be held by Dutchess Land Conservancy and the Town holding third-party enforcement rights.
First seen
2020-06-24
Latest event
2020-06-24
adopted
Expires
2021-06-24

Resolution text

RESOLVED

  1. the purchase of development rights from moneys in the Community Preservation Fund and the establishment of a conservation easement to be held by Dutchess Land Conservancy, with the Town holding a third party enforcement right with respect to the Red Hook Parcels described herein, is preliminarily approved with a Town share estimated not to exceed $94,675, on the proposed terms set forth herein and subject to the following conditions: Final approval of the other funding sources described herein; Submission and review of a final appraisal addressed to the Town which includes the terms of the conservation easement; The terms of the conservation easement are to be approved by the Town Board; and The foregoing conditions are to be satisfied within twelve months from the date hereof unless such date is extended by further resolution of the Board.
Show preamble — 9 WHEREAS clauses
  • WHEREAS, an application and certain supplemental information has been submitted by Darryl J. and Deborah J. Mosher for the Brittany Hollow Farm, for approximately 60 total acres, consisting of an approximately 37.39 acre parcel of property, Tax Map ID No. 134889-6271-00-073869, in the Town of Red Hook, New York, an approximately 10.01 acre parcel of property, Tax Map ID No. 134889-6271-00180845, in the Town of Red Hook, New York (collectively the "Red Hook Parcels"), and an approximately 12.6 acre parcel of property, Tax map ID No. 135089-6271-00-060795, in the Town of Rhinebeck, New York, all located on Albany Post Road in Dutchess County, New York (together with the Red Hook Parcels, collectively the "Project Parcels")
  • WHEREAS, a public hearing was duly held by the Town Board on the 24th day of June, 2020 at 7:45 p.m. (Prevailing Time), via teleconference, with comments being accepted by telephone prior to and at the hearing, and which hearing was available to view live at www.pandatv23.org, 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 Red Hook Parcels
  • 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 has issued a request for applications under the CPF Plan; and the Community Preservation Fund Advisory Board ("CPF Board") has reviewed the proposals received 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 Red Hook Parcels
  • WHEREAS, the proposed acquisition cost for the sale of development rights in the Project Parcels is estimated not to exceed $283,500, which cost is supported by a self-contained appraisal report by Farm Credit East Appraisal Service by Paul Herrington, ARA, valued as of September 18, 2019, dated October 7, 2019
  • WHEREAS, acquisition of a conservation easement constitutes a Type II action under 6 NYCRR Section 617.5(c)(39), which has been determined not to require further SEQR review
  • WHEREAS, with respect to the Project Parcels, the Town's proposed project partner, Dutchess Land Conservancy, Inc. ("DLC"), applied for funding for fifty percent of the acquisition costs under the Dutchess County Partnership for Manageable Growth program, with additional funding proposed to be provided by The Scenic Hudson Land Trust, Inc. ("SHLT") and in kind contributions to be provided by DLC. The total project cost is estimated not to exceed $336,800, and the Town's share, attributable to the Red Hook Parcels only, is estimated not to exceed $94,675, and is proposed to be financed from the CPF Program
  • WHEREAS, it is proposed that DLC shall hold a perpetual conservation easement with respect to the Red Hook Parcels in which the Town and SHLT would have third party enforcement rights
  • WHEREAS, the Town Board has given due consideration to the recommendation of the CPF Board, and has further reviewed the application documents and appraisal and has determined that the purchase of development rights in the Red Hook 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 Red Hook Parcels as proposed is in the best interests of the Town

Lifecycle (1 event)

2020-06-24adoptedvote: 5-0
Grant preliminary approval for the use of moneys in the Community Preservation Fund for the purchase of development rights of the Brittany Hollow Farm.
moved by McKeon · seconded by Kane
Show text snapshot for this event
Resolved
  1. the purchase of development rights from moneys in the Community Preservation Fund and the establishment of a conservation easement to be held by Dutchess Land Conservancy, with the Town holding a third party enforcement right with respect to the Red Hook Parcels described herein, is preliminarily approved with a Town share estimated not to exceed $94,675, on the proposed terms set forth herein and subject to the following conditions: Final approval of the other funding sources described herein; Submission and review of a final appraisal addressed to the Town which includes the terms of the conservation easement; The terms of the conservation easement are to be approved by the Town Board; and The foregoing conditions are to be satisfied within twelve months from the date hereof unless such date is extended by further resolution of the Board.
Whereas
  • WHEREAS, an application and certain supplemental information has been submitted by Darryl J. and Deborah J. Mosher for the Brittany Hollow Farm, for approximately 60 total acres, consisting of an approximately 37.39 acre parcel of property, Tax Map ID No. 134889-6271-00-073869, in the Town of Red Hook, New York, an approximately 10.01 acre parcel of property, Tax Map ID No. 134889-6271-00180845, in the Town of Red Hook, New York (collectively the "Red Hook Parcels"), and an approximately 12.6 acre parcel of property, Tax map ID No. 135089-6271-00-060795, in the Town of Rhinebeck, New York, all located on Albany Post Road in Dutchess County, New York (together with the Red Hook Parcels, collectively the "Project Parcels")
  • WHEREAS, a public hearing was duly held by the Town Board on the 24th day of June, 2020 at 7:45 p.m. (Prevailing Time), via teleconference, with comments being accepted by telephone prior to and at the hearing, and which hearing was available to view live at www.pandatv23.org, 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 Red Hook Parcels
  • 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 has issued a request for applications under the CPF Plan; and the Community Preservation Fund Advisory Board ("CPF Board") has reviewed the proposals received 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 Red Hook Parcels
  • WHEREAS, the proposed acquisition cost for the sale of development rights in the Project Parcels is estimated not to exceed $283,500, which cost is supported by a self-contained appraisal report by Farm Credit East Appraisal Service by Paul Herrington, ARA, valued as of September 18, 2019, dated October 7, 2019
  • WHEREAS, acquisition of a conservation easement constitutes a Type II action under 6 NYCRR Section 617.5(c)(39), which has been determined not to require further SEQR review
  • WHEREAS, with respect to the Project Parcels, the Town's proposed project partner, Dutchess Land Conservancy, Inc. ("DLC"), applied for funding for fifty percent of the acquisition costs under the Dutchess County Partnership for Manageable Growth program, with additional funding proposed to be provided by The Scenic Hudson Land Trust, Inc. ("SHLT") and in kind contributions to be provided by DLC. The total project cost is estimated not to exceed $336,800, and the Town's share, attributable to the Red Hook Parcels only, is estimated not to exceed $94,675, and is proposed to be financed from the CPF Program
  • WHEREAS, it is proposed that DLC shall hold a perpetual conservation easement with respect to the Red Hook Parcels in which the Town and SHLT would have third party enforcement rights
  • WHEREAS, the Town Board has given due consideration to the recommendation of the CPF Board, and has further reviewed the application documents and appraisal and has determined that the purchase of development rights in the Red Hook 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 Red Hook Parcels as proposed is in the best interests of the Town
Subject key: brittany_hollow_farm_easement