Red Hook WatchIndependent Community Resource

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

↑Meetings/Resolutions/35-2023
One-time (complete)formal_resolutionone_timeThe Town Board approves the purchase of Cookingham Farm West (approximately 115 acres) at a purchase price of up to $2,110,000 from the Community Preservation Fund and Incentive Zoning Fund for the purpose of preservation of open space, farmland, and significant natural resources; the Supervisor is authorized to execute a purchase agreement consistent with the resolution.
First seen
2023-05-24
Latest event
2023-05-24
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; (c) as to a portion of the lands, initial acquisition in fee as a means to make such 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 $2,110,000 is approved on the proposed terms set forth herein
  3. the purchase of interests in the Property from moneys in the CPF Fund is approved on the proposed terms set forth herein, subject to the following conditions: a) to the extent a conservation easement is included, the final terms of the conservation easement to be approved by the Town Board upon submission and review of an appraisal addressed to the Town which includes the form of conservation easement; and b) the foregoing conditions to be satisfied within 12 months unless such date is extended by further resolution of the Town Board
  4. the allocation of up to $400,000 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. Following the acquisition the Property, the remainder is intended to be reconveyed consistent with Chapter 58 and the purposes of this resolution, subject to a conservation agreement if so approved, and provided that portions of the property suitable for recreational use, trails, resource and wellhead protection and such other portions as may be further determined by the Town Board to be in the public interest may be excluded from such reconveyance
  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 — 15 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 (West) located west of Rt. 9 is an approximately 115+/- acre farm including lands used in agricultural production, with approximately 23.7 acres of prime farmlands, and 70.3 acres of soils of statewide importance, 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 the following parcels with the following approximate acreages, all located in the Town of Red Hook, Dutchess County, New York: 68 Willow Brook Lane (67.901 acres), 7617 N. Broadway, Village of Red Hook (39.853 acres), 69 Linden Ave. (2.257 acres), 7621 N. Broadway, Village of Red Hook (4.8 acres), all owned by Theodore Cookingham
  • WHEREAS, pursuant to the Town's Community Preservation Fund Program, an application has been submitted by Theodore Cookingham for acquisition of an interest in property, including a conservation easement or a third party enforcement right in a conservation easement, with respect to the Property
  • 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 number 1 of the Property was identified in the CPF Plan as the high 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, and Parcels 2 and 3 were also identified in the CPF Plan as necessary for preservation
  • WHEREAS, the Property includes additional lands within a significant wellhead protection area adjacent to public water supplies, state and federal wetlands, waterfront, habitat areas, lands adjacent to public recreational areas, lands adjacent to a designated historic site, and includes scenic areas that contribute to the gateway area
  • 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 24th day of May, 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 including use of moneys from the CPF Fund
  • WHEREAS, a public hearing was duly held by the Town Board on the 24th day of May, 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 including use of moneys from the Incentive Zoning Fund
  • WHEREAS, it is proposed that the Town acquire a perpetual conservation easement or third party enforcement right in a conservation easement or other interest in property in an approximately 80.5+/- acre portion of the Property including lands with prime and statewide important soils and the acquisition of lands or rights in lands of approximately 34+ acres, with an estimated cost of $1,115,000 based on the estimated value of the rights to be acquired and related costs, and such acquisition cost including related costs is proposed to be financed from the CPF Program
  • 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 a perpetual conservation easement regarding a portion of the property for the purpose of providing for assistance with monitoring and enforcement
  • 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)

2023-05-24adoptedvote: unanimous
Grant approval for acquisition of Cookingham Farm West of Route 9 for preservation of open space using moneys from the Community Preservation Fund and 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; (c) as to a portion of the lands, initial acquisition in fee as a means to make such 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 $2,110,000 is approved on the proposed terms set forth herein
  3. the purchase of interests in the Property from moneys in the CPF Fund is approved on the proposed terms set forth herein, subject to the following conditions: a) to the extent a conservation easement is included, the final terms of the conservation easement to be approved by the Town Board upon submission and review of an appraisal addressed to the Town which includes the form of conservation easement; and b) the foregoing conditions to be satisfied within 12 months unless such date is extended by further resolution of the Town Board
  4. the allocation of up to $400,000 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. Following the acquisition the Property, the remainder is intended to be reconveyed consistent with Chapter 58 and the purposes of this resolution, subject to a conservation agreement if so approved, and provided that portions of the property suitable for recreational use, trails, resource and wellhead protection and such other portions as may be further determined by the Town Board to be in the public interest may be excluded from such reconveyance
  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 (West) located west of Rt. 9 is an approximately 115+/- acre farm including lands used in agricultural production, with approximately 23.7 acres of prime farmlands, and 70.3 acres of soils of statewide importance, 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 the following parcels with the following approximate acreages, all located in the Town of Red Hook, Dutchess County, New York: 68 Willow Brook Lane (67.901 acres), 7617 N. Broadway, Village of Red Hook (39.853 acres), 69 Linden Ave. (2.257 acres), 7621 N. Broadway, Village of Red Hook (4.8 acres), all owned by Theodore Cookingham
  • WHEREAS, pursuant to the Town's Community Preservation Fund Program, an application has been submitted by Theodore Cookingham for acquisition of an interest in property, including a conservation easement or a third party enforcement right in a conservation easement, with respect to the Property
  • 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 number 1 of the Property was identified in the CPF Plan as the high 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, and Parcels 2 and 3 were also identified in the CPF Plan as necessary for preservation
  • WHEREAS, the Property includes additional lands within a significant wellhead protection area adjacent to public water supplies, state and federal wetlands, waterfront, habitat areas, lands adjacent to public recreational areas, lands adjacent to a designated historic site, and includes scenic areas that contribute to the gateway area
  • 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 24th day of May, 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 including use of moneys from the CPF Fund
  • WHEREAS, a public hearing was duly held by the Town Board on the 24th day of May, 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 including use of moneys from the Incentive Zoning Fund
  • WHEREAS, it is proposed that the Town acquire a perpetual conservation easement or third party enforcement right in a conservation easement or other interest in property in an approximately 80.5+/- acre portion of the Property including lands with prime and statewide important soils and the acquisition of lands or rights in lands of approximately 34+ acres, with an estimated cost of $1,115,000 based on the estimated value of the rights to be acquired and related costs, and such acquisition cost including related costs is proposed to be financed from the CPF Program
  • 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 a perpetual conservation easement regarding a portion of the property for the purpose of providing for assistance with monitoring and enforcement
  • 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_west_acquisition