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EDPL 204 Determination and Findings Resolution Regarding the Acquisition of 256 Dock Road and Dock Road Located in the Town of Red Hook, New York for a Public Park

↑Meetings/Resolutions/49-2025
One-time (complete)formal_resolutionone_timeAdopted the formal determination and findings under the Eminent Domain Procedure Law authorizing the Town to proceed with the acquisition of the Red Hook Boat Club properties (256 Dock Road and Dock Road) totaling 2.37 acres by eminent domain for use as a public park to provide Hudson River waterfront access to Town residents.
First seen
2025-07-15
Latest event
2025-07-15
adopted
Expires
—

Resolution text

RESOLVED

  1. Based on the entire record of proceedings, including, but not limited to, the information set forth in Parts 2 and 3 of the EAF, the Negative Declaration, the final Town Board CAF, the information and materials from the Public Hearing, written and oral comments submitted in accordance with the notice and time deadlines associated with the Public Hearing, and the Town's knowledge of the Property and its integral location for a necessary public park to support the local Town residents and visitors, and pursuant to the requirements of the EDPL, the Town makes the following findings with respect the Project: A. Pursuant to Article 2 of the EDPL, the form and substance of the determination and findings attached hereto as Schedule "A" is hereby adopted and incorporated herein by reference. B. Pursuant to Article 2 of the EDPL, the form and substance of the brief synopsis of the determination and findings attached hereto as Schedule "B" is hereby adopted and incorporated herein by reference.
  2. The Supervisor is hereby authorized and directed to take such further action on behalf of the Town to effectuate the provisions of this Resolution and so as to fulfill the requirements of Article 2 of the EDPL.
  3. This Resolution shall take effect immediately.
Show preamble — 13 WHEREAS clauses
  • WHEREAS, a regular meeting of the Town Board of the Town of Red Hook, New York (hereafter the "Town Board" and the "Town", respectively) was convened in public session
  • WHEREAS, The Town Board is authorized by Section 74 of the General Municipal Law and Section 64 of the Town Law to "take and hold real property for the uses and purposes of the corporation, may, if it is unable to agree with the owners for the purchase thereof, acquire title to such property by condemnation." The Town may also purchase real property, in the manner provided by law, or by acquisition in the manner provided by the Eminent Domain Procedure Law of the State of New York ("EDPL"), any lands or rights thereon, required for any public purpose, in accordance with Section 74 of the General Municipal Law and Section 64 of the New York Town Law
  • WHEREAS, the Town has determined there is a Town public use, benefit and purpose of providing a necessary, dedicated public park for Town residents and visitors to directly access the Hudson River waterfront in the Town (the "Project")
  • WHEREAS, the Project includes the acquisition of two adjoining parcels consisting of approximately 2.37+/- acres of property located at 256 Dock Road and Dock Road, in the Town of Red Hook, NY known as Tax Map Numbers 6072-02-897911-0000 and 6072-02-897893-0000, also known as the Boat Club Parcels (or the "Property")
  • WHEREAS, in connection with the undertaking of the proposed Project, by resolution (the "Public Hearing Resolution"), the Town resolved to consider exercising its powers of condemnation in accordance with the provisions of the EDPL to acquire the Property
  • WHEREAS, pursuant to the authorization contained in the Public Hearing Resolution adopted by the members of the Town Board on April 28, 2025, the Town (A) caused notice of a public hearing of the Town pursuant to Article 2 of the EDPL (the "Public Hearing") to be published in The Poughkeepsie Journal, a newspaper of general circulation available to the residents of the Town of Red Hook at least ten, but not more than thirty, days before the public hearing in five successive issues in The Poughkeepsie Journal beginning May 5, 2025 and ending on May 9, 2025, (C) provided notice of the Public Hearing to all record assessment billing owners and counsel, at least ten, but not more than thirty, days before the Public Hearing by certified mail, return receipt requested and personal service on counsel, and (D) conducted the Public Hearing on May 16, 2025 at 6:30 o'clock p.m., local time at the Red Hook High School Performing Arts Center, 103 West Market Street, Red Hook, New York 12571. The affidavits of service and the affidavits of publication are part of the public hearing record
  • WHEREAS, at the Public Hearing, the Town outlined the purpose, proposed location of the proposed Project and any other information it considered pertinent, including photographs, maps, and descriptions of the Property to be acquired and provided any person in attendance a reasonable opportunity to present oral or written statements and to submit any other documents concerning the proposed Project. Additional written statements were accepted by the Town until the submission deadline of May 21, 2025 and all written statements submitted by the deadline are part of the public hearing record
  • WHEREAS, following the Public Hearing, the Town caused a transcript of the Public Hearing to be made and compiled the written comments received and made part of the public hearing record
  • WHEREAS, pursuant to Article 8 of the Environmental Conservation Law, Chapter 43-B of the Consolidated Laws of New York, as amended (the "SEQR Act"), and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York (the "Regulations", and collectively with the SEQR Act, "SEQRA"), by resolution adopted by the members of the Town on July 15, 2025 (the "SEQRA Resolution"), the Town has (1) determined that the Project constitutes an "Unlisted Action" (as said quoted term is defined in SEQRA), (2) determined that the Project will not result in a significant adverse impact on the environment, and (3) prepared and issued a negative declaration with respect to the Project
  • WHEREAS, to assist the Town in determining the consistency of the proposed action with the Local Waterfront Revitalization Program, the Town Board prepared a Draft Coastal Assessment Form ("CAF") regarding the action dated May 12, 2025 and pursuant to Town Code Section 68-12, Part 600 of Title 19 of the NYCRR and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York (the "Regulations"), on May 13, 2025, the Town requested a consistency determination from the Waterfront Advisory Committee ("WAC")
  • WHEREAS, the WAC reviewed the Town Board's Draft CAF, prepared its own CAF and made its recommendations delivering its own CAF to the Town Board on June 16, 2025 after the expiration of the thirty (30) day response deadline. Despite the WAC's failure to timely make its recommendations to the Town, the Town Board reviewed and considered the recommendations in the WAC's CAF, then the Town Board prepared a final CAF with attachments dated July 14, 2025 which determined that the proposed action was consistent with the policy standards and conditions of the LWRP
  • WHEREAS, by resolution adopted by the members of the Town on July 15, 2025 (the "CAF Resolution"), the Town has (1) determined the proposed action of acquiring the Property is consistent with the LWRP; and 2) authorized the Supervisor to sign and date the Town Board's Final LRWP Consistency Assessment Form dated July 14, 2025
  • WHEREAS, the Town, pursuant to Article 2 of the EDPL, desires to adopt the determination and findings and brief synopsis attached hereto in connection with the acquisition of the Property

Lifecycle (1 event)

2025-07-15adoptedvote: 3-2
Adopt EDPL Section 204 determination and findings regarding the acquisition of 256 Dock Road and Dock Road properties for a public park.
moved by Hamel · seconded by Testa
Show text snapshot for this event
Resolved
  1. Based on the entire record of proceedings, including, but not limited to, the information set forth in Parts 2 and 3 of the EAF, the Negative Declaration, the final Town Board CAF, the information and materials from the Public Hearing, written and oral comments submitted in accordance with the notice and time deadlines associated with the Public Hearing, and the Town's knowledge of the Property and its integral location for a necessary public park to support the local Town residents and visitors, and pursuant to the requirements of the EDPL, the Town makes the following findings with respect the Project: A. Pursuant to Article 2 of the EDPL, the form and substance of the determination and findings attached hereto as Schedule "A" is hereby adopted and incorporated herein by reference. B. Pursuant to Article 2 of the EDPL, the form and substance of the brief synopsis of the determination and findings attached hereto as Schedule "B" is hereby adopted and incorporated herein by reference.
  2. The Supervisor is hereby authorized and directed to take such further action on behalf of the Town to effectuate the provisions of this Resolution and so as to fulfill the requirements of Article 2 of the EDPL.
  3. This Resolution shall take effect immediately.
Whereas
  • WHEREAS, a regular meeting of the Town Board of the Town of Red Hook, New York (hereafter the "Town Board" and the "Town", respectively) was convened in public session
  • WHEREAS, The Town Board is authorized by Section 74 of the General Municipal Law and Section 64 of the Town Law to "take and hold real property for the uses and purposes of the corporation, may, if it is unable to agree with the owners for the purchase thereof, acquire title to such property by condemnation." The Town may also purchase real property, in the manner provided by law, or by acquisition in the manner provided by the Eminent Domain Procedure Law of the State of New York ("EDPL"), any lands or rights thereon, required for any public purpose, in accordance with Section 74 of the General Municipal Law and Section 64 of the New York Town Law
  • WHEREAS, the Town has determined there is a Town public use, benefit and purpose of providing a necessary, dedicated public park for Town residents and visitors to directly access the Hudson River waterfront in the Town (the "Project")
  • WHEREAS, the Project includes the acquisition of two adjoining parcels consisting of approximately 2.37+/- acres of property located at 256 Dock Road and Dock Road, in the Town of Red Hook, NY known as Tax Map Numbers 6072-02-897911-0000 and 6072-02-897893-0000, also known as the Boat Club Parcels (or the "Property")
  • WHEREAS, in connection with the undertaking of the proposed Project, by resolution (the "Public Hearing Resolution"), the Town resolved to consider exercising its powers of condemnation in accordance with the provisions of the EDPL to acquire the Property
  • WHEREAS, pursuant to the authorization contained in the Public Hearing Resolution adopted by the members of the Town Board on April 28, 2025, the Town (A) caused notice of a public hearing of the Town pursuant to Article 2 of the EDPL (the "Public Hearing") to be published in The Poughkeepsie Journal, a newspaper of general circulation available to the residents of the Town of Red Hook at least ten, but not more than thirty, days before the public hearing in five successive issues in The Poughkeepsie Journal beginning May 5, 2025 and ending on May 9, 2025, (C) provided notice of the Public Hearing to all record assessment billing owners and counsel, at least ten, but not more than thirty, days before the Public Hearing by certified mail, return receipt requested and personal service on counsel, and (D) conducted the Public Hearing on May 16, 2025 at 6:30 o'clock p.m., local time at the Red Hook High School Performing Arts Center, 103 West Market Street, Red Hook, New York 12571. The affidavits of service and the affidavits of publication are part of the public hearing record
  • WHEREAS, at the Public Hearing, the Town outlined the purpose, proposed location of the proposed Project and any other information it considered pertinent, including photographs, maps, and descriptions of the Property to be acquired and provided any person in attendance a reasonable opportunity to present oral or written statements and to submit any other documents concerning the proposed Project. Additional written statements were accepted by the Town until the submission deadline of May 21, 2025 and all written statements submitted by the deadline are part of the public hearing record
  • WHEREAS, following the Public Hearing, the Town caused a transcript of the Public Hearing to be made and compiled the written comments received and made part of the public hearing record
  • WHEREAS, pursuant to Article 8 of the Environmental Conservation Law, Chapter 43-B of the Consolidated Laws of New York, as amended (the "SEQR Act"), and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York (the "Regulations", and collectively with the SEQR Act, "SEQRA"), by resolution adopted by the members of the Town on July 15, 2025 (the "SEQRA Resolution"), the Town has (1) determined that the Project constitutes an "Unlisted Action" (as said quoted term is defined in SEQRA), (2) determined that the Project will not result in a significant adverse impact on the environment, and (3) prepared and issued a negative declaration with respect to the Project
  • WHEREAS, to assist the Town in determining the consistency of the proposed action with the Local Waterfront Revitalization Program, the Town Board prepared a Draft Coastal Assessment Form ("CAF") regarding the action dated May 12, 2025 and pursuant to Town Code Section 68-12, Part 600 of Title 19 of the NYCRR and the regulations adopted pursuant thereto by the Department of Environmental Conservation of the State of New York (the "Regulations"), on May 13, 2025, the Town requested a consistency determination from the Waterfront Advisory Committee ("WAC")
  • WHEREAS, the WAC reviewed the Town Board's Draft CAF, prepared its own CAF and made its recommendations delivering its own CAF to the Town Board on June 16, 2025 after the expiration of the thirty (30) day response deadline. Despite the WAC's failure to timely make its recommendations to the Town, the Town Board reviewed and considered the recommendations in the WAC's CAF, then the Town Board prepared a final CAF with attachments dated July 14, 2025 which determined that the proposed action was consistent with the policy standards and conditions of the LWRP
  • WHEREAS, by resolution adopted by the members of the Town on July 15, 2025 (the "CAF Resolution"), the Town has (1) determined the proposed action of acquiring the Property is consistent with the LWRP; and 2) authorized the Supervisor to sign and date the Town Board's Final LRWP Consistency Assessment Form dated July 14, 2025
  • WHEREAS, the Town, pursuant to Article 2 of the EDPL, desires to adopt the determination and findings and brief synopsis attached hereto in connection with the acquisition of the Property
Subject key: waterfront_park_acquisition_edpl