RESOLUTION GRANTING APPROVAL FOR THE USE OF MONEYS IN THE COMMUNITY PRESERVATION FUND FOR THE PURCHASE OF INTERESTS IN LANDS FOR BARD COLLEGE ACQUISITION, CONSERVATION EASEMENT AND PUBLIC ACCESS EASEMENTS
Expiredformal_resolutionone_timeThe Town Board approves the use of Community Preservation Fund moneys not to exceed $1,500,000 (with a total project cost not to exceed $3,000,000 including program partner funding) for the acquisition of interests in land including conservation easement, public access easements, and recreational property for Bard College, subject to final conservation easement terms approval and conditions to be satisfied within 12 months.
First seen
2023-12-19
Latest event
2023-12-19
adopted
Expires
2024-12-19
Resolution text
RESOLVED
- the purchase of interests in lands in the Property, including the establishment of a conservation easement, acquisition of public access easements, and acquisition of a portion for recreational purposes, is approved on the proposed terms set forth herein, subject to the following conditions: a) the final terms of the conservation easement to be approved by the Town Board; and b) the foregoing conditions to be satisfied within 12 months unless such date is extended by further resolution of the Town Board.
- 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 — 11 WHEREAS clauses
- WHEREAS, pursuant to the Town's Community Preservation Fund Program, an application has been submitted by Bard College for acquisition of an interest in property, including a conservation easement or a third party enforcement right in a conservation easement, a public access easement, and acquisition of a portion for recreational purposes with respect to (a) approximately 260.28 +/- total acres, consisting of: a parcel located at 14-109 Seminary Drive, Tax Map ID No. 134889-6173-00-195050, including (i) a fee interest in an approximately 78 acre portion of the parcel bordering the Hudson River, including lands under water, (ii) a conservation easement with respect to an approximately 39 acre portion of the parcel adjacent to County Road 103 (River Road), and (iii) a public access easement approximately 25 feet in width with respect to a portion of the parcel along Route 103 (River Road), (b) a public access easement approximately 25 feet in width with respect to a portion of the Montgomery Place parcels located at 20 Davis Way, Tax Map ID No. 134889-6173-00-520145, and 9 Gardners Way, Tax Map ID No. 134889-6173-00-260340, and (c) a public access easement approximately 25 feet in width with respect to a portion of the Bard College campus including portions of River Road, Tax Map ID No. 134889-6173-00-531347, 9 Cedar Hill Road, Tax Map ID No. 134889-6173-00-527395, 1259 River Road, Tax Map ID No. 134889-6173-00-537362, 62 Bay Road, Tax Map ID No. 134889-6173-00-400720, and 1469 Annandale Road, Tax Map ID No. 134889-6173-00-633970 (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 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 12th day of December, 2023 at 7:30 p.m. (Prevailing Time), continued to the 19th day of December, 2023 at 7:30 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 the Town acquire the interests in lands as described above substantially as shown in a preliminary resource map on file with the Town Clerk, with a total project cost including proposed program partner funding estimated not to exceed $3,000,000, with the Town share estimated not to exceed $1,500,000
- WHEREAS, the proposed conservation easement would be acquired for the purpose of preserving open space
- 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 the perpetual conservation easement regarding the Property for the purpose of providing for assistance with monitoring and enforcement
- WHEREAS, the Town Board reviewed the recommendation of the Planning Board and determined that the proposed action is consistent with the Local Waterfront Revitalization Program
- 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 interests in lands in the Property 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 interests in lands in the Property as proposed is in the best interests of the Town
Lifecycle (1 event)
2023-12-19adoptedvote: 4-0 (1 abstain)
Grant approval for the use of moneys in the Community Preservation Fund for the purchase of interests in lands for Bard College acquisition, conservation easement and public access easements.
moved by McKeon · seconded by Hamel
Show text snapshot for this event
Resolved
- the purchase of interests in lands in the Property, including the establishment of a conservation easement, acquisition of public access easements, and acquisition of a portion for recreational purposes, is approved on the proposed terms set forth herein, subject to the following conditions: a) the final terms of the conservation easement to be approved by the Town Board; and b) the foregoing conditions to be satisfied within 12 months unless such date is extended by further resolution of the Town Board.
- 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 Bard College for acquisition of an interest in property, including a conservation easement or a third party enforcement right in a conservation easement, a public access easement, and acquisition of a portion for recreational purposes with respect to (a) approximately 260.28 +/- total acres, consisting of: a parcel located at 14-109 Seminary Drive, Tax Map ID No. 134889-6173-00-195050, including (i) a fee interest in an approximately 78 acre portion of the parcel bordering the Hudson River, including lands under water, (ii) a conservation easement with respect to an approximately 39 acre portion of the parcel adjacent to County Road 103 (River Road), and (iii) a public access easement approximately 25 feet in width with respect to a portion of the parcel along Route 103 (River Road), (b) a public access easement approximately 25 feet in width with respect to a portion of the Montgomery Place parcels located at 20 Davis Way, Tax Map ID No. 134889-6173-00-520145, and 9 Gardners Way, Tax Map ID No. 134889-6173-00-260340, and (c) a public access easement approximately 25 feet in width with respect to a portion of the Bard College campus including portions of River Road, Tax Map ID No. 134889-6173-00-531347, 9 Cedar Hill Road, Tax Map ID No. 134889-6173-00-527395, 1259 River Road, Tax Map ID No. 134889-6173-00-537362, 62 Bay Road, Tax Map ID No. 134889-6173-00-400720, and 1469 Annandale Road, Tax Map ID No. 134889-6173-00-633970 (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 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 12th day of December, 2023 at 7:30 p.m. (Prevailing Time), continued to the 19th day of December, 2023 at 7:30 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 the Town acquire the interests in lands as described above substantially as shown in a preliminary resource map on file with the Town Clerk, with a total project cost including proposed program partner funding estimated not to exceed $3,000,000, with the Town share estimated not to exceed $1,500,000
- WHEREAS, the proposed conservation easement would be acquired for the purpose of preserving open space
- 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 the perpetual conservation easement regarding the Property for the purpose of providing for assistance with monitoring and enforcement
- WHEREAS, the Town Board reviewed the recommendation of the Planning Board and determined that the proposed action is consistent with the Local Waterfront Revitalization Program
- 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 interests in lands in the Property 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 interests in lands in the Property as proposed is in the best interests of the Town
Subject key:
bard_college_land_acquisition