Red Hook WatchIndependent Community Resource

RESOLUTION GRANTING FINAL APPROVAL FOR THE USE OF MONEYS IN THE COMMUNITY PRESERVATION FUND FOR THE PURCHASE OF INTERESTS IN THE COOKINGHAM FARM WEST OF RT.9

↑Meetings/Resolutions/61-2023
Expiredformal_resolutionone_timeApproves the purchase of development rights and establishment of a perpetual conservation easement on approximately 74 acres of Cookingham Farm West using Community Preservation Fund moneys not to exceed $815,000, with partnerships with Dutchess Land Conservancy and Scenic Hudson Land Trust.
First seen
2023-08-08
Latest event
2023-08-08
adopted
Expires
2024-02-08

Resolution text

RESOLVED

  1. the purchase of development rights in the CE Premises and the establishment of a conservation easement is approved on the proposed terms set forth herein. The Supervisor of the Town is hereby authorized and directed to execute a Conservation Easement as set forth herein, together with a form of Monitoring Agreement providing for monitoring and stewardship activities by DLC, and such other documents necessary in connection with such agreement. Such agreements shall be substantially the form on file with the Clerk, with such insubstantial changes as may be approved by the Supervisor.
  2. the officers of the Town are duly authorized and directed to consummate the funding of the purchase of development rights with respect to the CE Premises through the application of funds for such purpose from the CPF, with an estimated total Town CPF cost of not to exceed $815,000. and to take all action necessary in connection therewith, with such funding to be completed within six months of the date hereof unless an extension is approved in the discretion of the Town Board.
  3. 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 — 14 WHEREAS clauses
  • 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 approximately 115+/- total acres, consisting of the parcels described in a resolution approved May 24, 2023, all located in the Town of Red Hook, Dutchess County, New York (collectively 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, the tax parcels are listed in the CPF Plan as having conservation values related to agricultural, water quality protection, ecological, and agricultural gateway/scenic corridor /scenic road, tax parcel 557128 was identified in the CPF Plan as a Group 2 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 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
  • WHEREAS, it is proposed that a perpetual conservation easement be acquired in an approximately 74 acre portion of the Property, substantially as described in a preliminary resource map on file with the Town Clerk (the "CE Premises")
  • WHEREAS, the proposed conservation easement would be acquired for the purpose of preserving a working farm, including approximately 20 acres of prime farmland soils, approximately 45 acres of statewide important farmland soils
  • WHEREAS, Dutchess Land Conservancy, Inc. ("DLC") and The Scenic Hudson Land Trust, Inc. ("SHLT"), each being a not for profit conservation organization as defined in Section 49-0303 of the NYS Environmental Conservation Law (the "Conservancy"), have proposed to assist the Town in the preparation of resource analysis, conservation easement and baseline documentation in connection with the acquisition and that DLC be a party to the perpetual conservation easement regarding the CE Premises for the purpose of providing for assistance with monitoring and enforcement
  • WHEREAS, SHLT has proposed to acquire and fund the portion of the value of the proposed conservation easement allocable to a preemptive purchase right for the purpose of further preserving the use of the important soils in the CE Premises ("Special Covenants"), with an approximate value of $75,000, and to fund an additional portion of the value of the conservation easement in the amount of $182,500, together with certain related costs
  • WHEREAS, the estimated value of the sale of development rights in the CE Premises is $440,000 (not including the value of the Special Covenants), as supported by an appraisal report, and the Town proposes to fund $257,500 of such cost, and the Town proposes to fund a further $477,000 for parklands, drinking water protection, trails, and other open space objectives, together with certain related costs, for a total amount not to exceed $815,000, and such cost including related costs is proposed to be financed from the CPF Program
  • WHEREAS, it is proposed that DLC as grantee shall hold a perpetual conservation easement in which SHLT shall have third party enforcement rights as to the provisions of the Special Covenants, and with the Town having third party enforcement rights in the conservation easement excluding the Special Covenants; and proposed forms of a Conservation Easement and a 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 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 Premises 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 Premises as proposed is in the best interests of the Town

Lifecycle (1 event)

2023-08-08adoptedvote: 3-0
Grant final approval for the use of Community Preservation Fund moneys for the purchase of interests in Cookingham Farm West of Route 9.
moved by Kane · seconded by Hamel
Show text snapshot for this event
Resolved
  1. the purchase of development rights in the CE Premises and the establishment of a conservation easement is approved on the proposed terms set forth herein. The Supervisor of the Town is hereby authorized and directed to execute a Conservation Easement as set forth herein, together with a form of Monitoring Agreement providing for monitoring and stewardship activities by DLC, and such other documents necessary in connection with such agreement. Such agreements shall be substantially the form on file with the Clerk, with such insubstantial changes as may be approved by the Supervisor.
  2. the officers of the Town are duly authorized and directed to consummate the funding of the purchase of development rights with respect to the CE Premises through the application of funds for such purpose from the CPF, with an estimated total Town CPF cost of not to exceed $815,000. and to take all action necessary in connection therewith, with such funding to be completed within six months of the date hereof unless an extension is approved in the discretion of the Town Board.
  3. 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 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 approximately 115+/- total acres, consisting of the parcels described in a resolution approved May 24, 2023, all located in the Town of Red Hook, Dutchess County, New York (collectively 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, the tax parcels are listed in the CPF Plan as having conservation values related to agricultural, water quality protection, ecological, and agricultural gateway/scenic corridor /scenic road, tax parcel 557128 was identified in the CPF Plan as a Group 2 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 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
  • WHEREAS, it is proposed that a perpetual conservation easement be acquired in an approximately 74 acre portion of the Property, substantially as described in a preliminary resource map on file with the Town Clerk (the "CE Premises")
  • WHEREAS, the proposed conservation easement would be acquired for the purpose of preserving a working farm, including approximately 20 acres of prime farmland soils, approximately 45 acres of statewide important farmland soils
  • WHEREAS, Dutchess Land Conservancy, Inc. ("DLC") and The Scenic Hudson Land Trust, Inc. ("SHLT"), each being a not for profit conservation organization as defined in Section 49-0303 of the NYS Environmental Conservation Law (the "Conservancy"), have proposed to assist the Town in the preparation of resource analysis, conservation easement and baseline documentation in connection with the acquisition and that DLC be a party to the perpetual conservation easement regarding the CE Premises for the purpose of providing for assistance with monitoring and enforcement
  • WHEREAS, SHLT has proposed to acquire and fund the portion of the value of the proposed conservation easement allocable to a preemptive purchase right for the purpose of further preserving the use of the important soils in the CE Premises ("Special Covenants"), with an approximate value of $75,000, and to fund an additional portion of the value of the conservation easement in the amount of $182,500, together with certain related costs
  • WHEREAS, the estimated value of the sale of development rights in the CE Premises is $440,000 (not including the value of the Special Covenants), as supported by an appraisal report, and the Town proposes to fund $257,500 of such cost, and the Town proposes to fund a further $477,000 for parklands, drinking water protection, trails, and other open space objectives, together with certain related costs, for a total amount not to exceed $815,000, and such cost including related costs is proposed to be financed from the CPF Program
  • WHEREAS, it is proposed that DLC as grantee shall hold a perpetual conservation easement in which SHLT shall have third party enforcement rights as to the provisions of the Special Covenants, and with the Town having third party enforcement rights in the conservation easement excluding the Special Covenants; and proposed forms of a Conservation Easement and a 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 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 Premises 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 Premises as proposed is in the best interests of the Town
Subject key: cookingham_west_conservation_easement