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

↑Meetings/Resolutions/36-2021
Expiredformal_resolutionongoingThe Town Board authorizes the Supervisor to execute a conservation easement with the Dutchess Land Conservancy for development rights to the Red Hook Parcels of Brittany Hollow Farm, with the Town contributing up to $122,000 from the Community Preservation Fund.
First seen
2021-06-08
Latest event
2021-06-08
adopted
Expires
2022-06-08

Resolution text

RESOLVED

  1. by the Town Board of the Town of Red Hook, Dutchess County, New York, that the Supervisor of the Town is hereby authorized and directed to execute a Conservation Easement providing for DLC as Grantee, together with a Monitoring Agreement providing for monitoring and stewardship activities by DLC, and such other documents necessary in connection with such agreement. Such agreements shall be in substantially the form on file with the Clerk, with such insubstantial changes as may be approved by the Supervisor
  2. that the officers of the Town are duly authorized and directed to consummate the funding of the purchase of development rights with respect to the Red Hook Parcels through the application of funds for such purpose from the CPF, with an estimated total Town cost not to exceed 122,000; and to take all action necessary in connection therewith, with such funding to be completed within twelve months of the date hereof unless an extension is approved in the discretion of the Town Board
Show preamble — 10 WHEREAS clauses
  • WHEREAS, an application and certain supplemental information has been submitted for 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. 134889-6271-00-180845, 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) 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 Red Hook Parcels
  • WHEREAS, a second public hearing was duly held by the Town Board on the 8th day of June, 2021 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 increased not to exceed project cost of $395,000 and the Town's increased not to exceed share estimated at $122,000
  • 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 Parcel
  • WHEREAS, with respect to the Parcels, DLC has been notified that it is eligible for funding for a portion of the acquisition and project costs from the Duchess County Partnership for Manageable Growth and The Scenic Hudson Land Trust, Inc., and it is proposed that the Town of Red Hook would participate in the portion of the project located within the Town of Red Hook
  • WHEREAS, the proposed acquisition cost for the sale of development rights in the Parcel is $329,863, which cost is supported by a restricted use appraisal report by McGrath & Company, Inc., valued as of April 4, 2021, dated April 16, 2021
  • WHEREAS, the Town Board has determined that such action is a Type II 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, it is proposed that Dutchess Land Conservancy, Inc. ("DLC") shall hold a perpetual conservation easement in which the Town and the County of Dutchess would have third party enforcement rights, and proposed forms of a Conservation Easement and Monitoring Agreement providing for monitoring and stewardship activities by DLC have been submitted to the Town Board of the Town of Red Hook and are on file with the Town Clerk
  • 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 Parcel 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)

2021-06-08adoptedvote: unanimous
Grant 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. by the Town Board of the Town of Red Hook, Dutchess County, New York, that the Supervisor of the Town is hereby authorized and directed to execute a Conservation Easement providing for DLC as Grantee, together with a Monitoring Agreement providing for monitoring and stewardship activities by DLC, and such other documents necessary in connection with such agreement. Such agreements shall be in substantially the form on file with the Clerk, with such insubstantial changes as may be approved by the Supervisor
  2. that the officers of the Town are duly authorized and directed to consummate the funding of the purchase of development rights with respect to the Red Hook Parcels through the application of funds for such purpose from the CPF, with an estimated total Town cost not to exceed 122,000; and to take all action necessary in connection therewith, with such funding to be completed within twelve months of the date hereof unless an extension is approved in the discretion of the Town Board
Whereas
  • WHEREAS, an application and certain supplemental information has been submitted for 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. 134889-6271-00-180845, 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) 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 Red Hook Parcels
  • WHEREAS, a second public hearing was duly held by the Town Board on the 8th day of June, 2021 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 increased not to exceed project cost of $395,000 and the Town's increased not to exceed share estimated at $122,000
  • 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 Parcel
  • WHEREAS, with respect to the Parcels, DLC has been notified that it is eligible for funding for a portion of the acquisition and project costs from the Duchess County Partnership for Manageable Growth and The Scenic Hudson Land Trust, Inc., and it is proposed that the Town of Red Hook would participate in the portion of the project located within the Town of Red Hook
  • WHEREAS, the proposed acquisition cost for the sale of development rights in the Parcel is $329,863, which cost is supported by a restricted use appraisal report by McGrath & Company, Inc., valued as of April 4, 2021, dated April 16, 2021
  • WHEREAS, the Town Board has determined that such action is a Type II 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, it is proposed that Dutchess Land Conservancy, Inc. ("DLC") shall hold a perpetual conservation easement in which the Town and the County of Dutchess would have third party enforcement rights, and proposed forms of a Conservation Easement and Monitoring Agreement providing for monitoring and stewardship activities by DLC have been submitted to the Town Board of the Town of Red Hook and are on file with the Town Clerk
  • 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 Parcel 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_conservation_easement