Open Space Preservation Plan for The Town of Hurley

1.                  BACKGROUND

  The Town of Hurley includes a unique mixture of open space resources.   Its northwestern limits include the upper slopes of Ohayo and Tonshi Mountains, with a maximum elevation of 1,920 feet above sea level, which slope steeply down to New York City’s Ashokan Reservoir, about 40% of which is within the Town.   The large central portion of Town is an elevated upland plateau characterized by steep, wooded ravines which drop abruptly to the flatlands lying on either side of the Esopus Creek at an elevation of about 160 feet.   These flats contain some of the most productive agricultural lands in Ulster County and are the source of New York State’s major sweet corn growing areas.   The southeast portion of Town consists of lower, rolling wooded lands.   This area also includes the hamlet of Old Hurley, a national historic landmark listed on the National Register of Historic places due to its concentration of well-preserved 17^th century stone houses.

The Town established the Conservation Advisory Council (CAC) to advise in the development, management and protection of the Town’s natural resources.   In the winter of 2000-2001 the CAC undertook an Open Space Survey.   Of 186 responses regarding issues of importance, the three highest rated were open spaces for water conservation needs (147), watersheds (140) and aquifers (142).   Two-thirds of the respondents indicated that it was most important for the Town to plan for the use and protection of its open spaces in order to maintain Hurley’s rural character.

In 2002, the CAC applied for and received approval of two grants to initiate open space planning.   The first grant, from the Hudson River Greenway Communities Council, was used to prepare an Open Space Resources Inventory for the Town of Hurley.  The inventory has provided the background for work under the second grant to prepare this Open Space Preservation Plan.  The inventory produced five maps illustrating Hurley’s open space resources, large scale copies of which are hung in the Town Hall.

This report identifies the various open space categories and their functions and suggests techniques by which each type of open space can be preserved.   The CAC has identified specific sites in each category and assigned priority ratings to each.

In addition to the open space survey, the CAC held two public meetings at which the residents continued to express their interest in preserving the quality of the Town’s water resources.   As a result of the survey and the town meetings, the work program for the Open Space Preservation Plan was modified to include a separate, more detailed study intended to identify and evaluate groundwater resources in the Town and recommend appropriate protection techniques.  Upon advice from the Town’s consultant, Shuster Associates, the CAC hired respected hydrogeologist Dr. Katherine Beinkafner to study the Town’s unconsolidated and bedrock aquifers, wetlands and surface waters and make recommendations for measures to protect them.  (See Chapter VI)

The Hurley Town Board has called for this Open Space Preservation Plan to be an integral part of the new Comprehensive Town Plan which is currently being prepared.  The goal of that Plan is also that of the Open Space Preservation Plan:   Our challenge is to create a plan that honors and preserves the best of Hurley – its beauty, its history, its agricultural roots, respect for landowners’ rights, its friendliness and its convenience – while acknowledging and preparing for the inevitable economic and demographic changes that come with time.

II      OPEN SPACE INVENTORY

The grant from the Greenway Communities Council identified various types of open space.   Excellent maps depicting many of these open space categories were prepared by the Ulster County Planning Board as described below and attached.

2.                  BASE MAP AND TOPOGRAPHY MAP

These maps provide an accurate depiction of the Town including property lines, streets, water bodies and topographic relief.

2.                  LAND USE FACTORS

This map illustrates the use of all property in the Town and highlights the following:

·                      Public lands: NYS, DEC, Town, DEP

·                      Private open space: hunting/fishing clubs, recreation clubs, cemeteries

·                      Agricultural Districts and 480-a parcels (timber harvest)

·                      Developed lands: Residential (less than 10 acres) Commercial/industrial/quasi-public/institutional

3.                  DEVELOPMENT LIMITATIONS

This map illustrates the sensitive features which limit development in the town, including:

·                      Slopes (15-25%, 25%+)

·                      Wetlands: State and Federal

·                      Floodplain

·                     NYC Watershed                  

D.        COMPOSITE OPEN SPACE

This map (following) depicts the following three categories of open space which are present in the Town as further discussed in Section III.

·                      Permanent Open Space (Publicly owned lands, cemeteries and conservation easements)

·                      Regulated Open Space (wetlands and floodplain)

·                      Temporary Open Space (lands preserved under agricultural district and 480-a exemptions)

3.                  OPEN SPACE ALREADY PRESERVED

1.                  TOWN-WIDE LAND USE DISTRIBUTION

Based on land use categories established by the Ulster County Real Property Tax Service Agency, land uses in the Town are distributed as shown in the following table:

* Since many lots categorized for tax purposes as residential are quite large in area and contain only one residence, those residential lots with more than 10 acres have been included in  the vacant land total.

As the table shows, the categories of agricultural, vacant, New York City Department of Environmental Protection (DEP) lands and wild, forested, conservation lands total 17,521 acres, or 77% of the Town’s total land and water area.  Thus, over three-quarters of the Town, is presently in some form of open space, as illustrated on the following chart.

2.                  OPEN SPACE PRESERVED FOREVER

Two governmental agencies control substantial amounts of permanently protected open space.   The City of New York owns the Ashokan  Reservoir and its immediate buffer with a total of 5,689 acres plus additional lands and development rights it has acquired under its watershed protection program.   It is possible that some of these additional lands could be disposed of in the future if New York City is required to construct a filtration plant and no longer is required to preserve open lands in the watershed.  NYSDEC owns various parcels in the Town, as part of the Catskill Forest Preserve, with a total of 934 acres.

In addition to the major holdings of these two agencies, other public  agencies and non-profit bodies own a diverse mixture of properties scattered around the Town and used for schools, public facilities, cemeteries and churches.

3.                  OPEN SPACE PRESERVED BY REGULATION           

State and federal regulations place severe restrictions on the development of certain types of land to protect public health and safety.   In the process, the open space value of this land is also preserved.   The two major categories of such land in Hurley are the floodplain lands along the Esopus  Creek and various state designated freshwater wetlands scattered throughout the Town.

4.                  TEMPORARY OPEN SPACE PRESERVATION

In an effort to protect agricultural uses and timber resources, New York State has created two programs which provide reduced assessments for property owners who agree to limit their land to agricultural production or timber harvesting for a specified period of time.   If the owner sells the land for development during that period, all tax relief granted must be repaid.  While these programs do not provide permanent preservation of open space, they do encourage it in the short run.

4.                  FUNCTIONAL VALUES OF OPEN SPACE

Open space resources serve one or more functions as illustrated in the following matrix.   As the matrix illustrates, each category of open space provides more than one function.   The following section discusses various techniques available to address preservation of open space ranging from guidelines to encourage preservation to zoning mandates to actual acquisition.

                                                                 OPEN SPACE

5.                  OPEN SPACE PRIORITY AREAS

The CAC evaluated open space resources and established priorities as illustrated in Exhibit A and discussed below.

1.                   WATER RESOURCES

1.                  Groundwater.   Wellheads and Aquifers.

 Hurley residents get water from their own wells, some of which go back to colonial times.   The major private company, Rolling Meadows Water Corporation, has 776 customers in Old Hurley and Ulster.   Their water comes from several sources:   Kent Springs off Hurley Avenue, a spring and well at Orchard Street, a well at Conifer Lane, a well at Griffin Drive, and three wells in an aquifer known as the Esopus Gravels on the Elmendorf Flats.   There is one small private water district in West Hurley.

2.                  Surface Water.

Esopus Creek flows from the Ashokan Reservoir through the Old Hurley hamlet from south to north, in good part beside the large Hurley Aquifer.   Several streams flow into it from the west and one  stream and several intermittent streams from the east. The Esopus  is considered quite pollution-free by the Ulster County Environmental Management Council south of the Wynkoop Bridge and slightly less so after that, principally because of the shallowness of the water.   The area just before the intersection with Mill Creek is being considered for a town beach.   The land surrounding most of the Esopus is used for agriculture, primarily sweet corn.   The Esopus is classified by the DEC as a Class B protected fresh surface water, suitable for recreation purposes.

Kenozia Lake, the furthest west point of Hurley, is the only true lake in Town.  It is surrounded by private land and Route 28 and provides the foreground for views of the Catskills.

Preymaker Brook and the Waterfall on Hurley Mountain Road is a unique, easily viewed feature.

Twin Lakes is part of the Binnewater Lakes System.   The section in Hurley is a lovely, quiet lake surrounded by fir trees with a large swamp at the eastern end.

Mill Creek and Hidden Lake.  Mill Creek flows past ancient stone fences, through picturesque woodlands and large wetland.   Nearby are a number of enormous glacially deposited limestone boulders.   The boundary between Hidden Lake and Mill Creek holds the remains of a 200-year old dam.   The foundations of the mill responsible for the dam are near where the Creek flows into the Esopus.

Sawkill Watershed.  The Sawkill is a picturesque stream running through the center of Woodstock.   Part of its watershed is in West Hurley and was the subject of a special drainage study in 1988.

3.                  Wetlands.  There are 18 New York State-designated wetlands in the Town with several of the largest near Joys Lane, Russell Road, and Stone Road.    The area along Stone Road which includes Stony Creek, a NYS-designated wetland, and beaver ponds is particularly recommended by the hydrogeologist (see Section VI) as an especially good source of water.   Under NYS Article 24, the Town of Hurley has the power to designate wetlands that are smaller than the State minimum of 12.4 acres, but as yet has not done so.   Wetlands are particularly good areas for the preservation of wildlife habitat.

4.                  Floodplains.  The U. S. Army Corps of Engineers has established a designated flood hazard area along the Esopus Creek in Hurley which is a 100-year floodplain.   Most of the Hurley Flats, prime agricultural land, falls into this category.   One-hundred year floods may be expected to occur more often than once per century in streams with watersheds that have been subjected to intensive land development.

B.          LARGE UNDEVELOPED TRACTS

1.                  Land along Hurley Ridge up to Morgan Hill (zoned A-4).   About a quarter of this land is New York State-owned land which is protected, but the rest of it, including the crucial area of the ridge itself from Dug Hill to the Town of Ulster line is not.   The views of the ridge from Old Hurley as well as the views of the hamlet and the cornfields from the ridge are outstanding.   There are historical remains, including many from pre-Civil War times such as the first African-American community in the area, as well as vast evergreen and mixed-wood forests in this area.

2.                  The Mill Creek Woods (zoned R-1) from the O&W Rail Trail to Lucas Avenue–contains Hidden Lake, Mill Creek, federal wetlands, seasonal streams and waterfalls, large hemlock forests, limestone ridge and outcroppings, glacially deposited boulders, and hiking trails.   Two hundred years ago this area included the Hurley Commons.   Thus, there are the remains of the town’s mill dam, ancient stone fences and orchards and the original colonial road from Kingston to New Paltz as well as much wildlife including deer, bear, coyotes, beaver, and  turkeys.

3.                  Land from Walton Lane to Dewitt Mills Road (zoned A-2.5) Most of this property is owned by the Twin Lakes Lodge, Hurley Recreation and a church group in New Jersey.   It has lakes, swamps, streams, hills, a fern forest, pine groves and hiking trails.

4.                  Land from Maverick Road to Tonche Mountain (zoned A-2.5 from the Glenford-Wittenburg Road to Rt. 28; otherwise zoned A-4). The famous Maverick Concert Hall, an open-air concert center, is on Maverick Road.   Tonche Mountain is the highest point in Hurley.  There are outstanding views from many high points of the Ashokan Reservoir, the Catskill Mountains, and of the Hudson Valley to the east.   The area has steep topography and a poor water supply.    Much of this land is wooded with small clearings for fields and there are some small streams and ponds.

5.                  Land from Stone Road to Spillway (or 28A) (zoned A-2.5 except for the Department of Environmental Protection lands which are A-4).    Hundreds of acres of undeveloped land lie between Stone Road and Spillway Road, much of which is former farmland returning to forest.   This area is home or way station for at least 80 species of birds as well as many mammals.   Several large quarry sites as well as numerous test quarries are scattered through the woods, some of which have become ponds.   The area contains swampy areas, a lake and many small seasonal streams.   A network of old logging and quarry roads run through the woods making the area accessible to hikers.

3.                  AGRICULTURAL LANDS

Hurley Flats.  (Zoned A-4) Some 1,600 acres are currently in cultivation on the Flats, primarily sweet corn, but also vegetables and flowers.   This is some of the most productive farmland in New York State and has been under cultivation since long before the first Europeans settled in the area.  An ear of corn is part of the Town logo and most residents consider these fields to be what makes the Town unique.    Although a good part of this land is in both a floodplain and a certified Agricultural District, it is still zoned to permit residential development.

4.                  SCENIC VISTAS

1.                  Hurley Flats, especially the cornfields – the long vista from Wynkoop Road south towards Mohonk Mountain and the view from Route 209 north of town over the cornfields towards the Hurley Reformed Church.

2.                  The Catskills from Rt. 209 south of Old Hurley Center – this view of the east-facing Catskill front at the edge of the Allegheny Plateau is mentioned in Roadside Geology of New York by Bradford Van Diver.

3.                  Views from Glenford-Wittenberg Road and Ohayo Mountain Road  – scenic views of the Ashokan reservoir and the Catskills.

4.                  Views of Hurley Ridge, west of the cornfields from Wynkoop Road –  cornfields past old stone houses and farms to steep wooded slopes.

5.         Kenozia Lake from Rt. 28  – scenic views of the lake with the mountain backdrop.

5.                  SCENIC ROADS AND TOWN GATEWAYS

1.                  Hurley Avenue from the Town line through Main Street – most of this is on the National Register of Historic Places.  It contains 18^th century stone houses, one of which was the  temporary capital of New York State in 1777, the Hurley Historic Society museum, the 1853 Hurley Reformed Church, the Hurley Library, views of Hurley Ridge and the Catskills.

2.                  Wynkoop Road – although not even half a mile long,  it  passes the Hurley Mountain Inn and the 1690's Wynkoop House (both major settings for the movie Tootsie), the Esopus Creek, and provides views of the Hurley Ridge and over the cornfields all the way to Mohonk Mountain.

3.                  Hurley Mountain Road from Rt. 28 to Marbletown line – along Hurley Ridge past the waterfall, cornfields, stone houses, old Dutch barn.

4.                  Route 209  – views of the cornfields, the Hurley Church, the Catskills, the rail trail, limestone outcroppings.  Route 209 north and south of Old Hurley is a major town gateway.

5.                  Ohayo Mountain and Glenford-Wittenburg Roads  – winding mountain roads with views of the Ashokan Reservoir and the Catskills.

6.                  Dug Hill Road, Dike Road, Route 28A  – closeup reservoir views, Town park, Englishman’s Creek, evergreen and mixed woods forests, old homes, views to the east, historic quarries.

7.                  Kenozia Lake area  – includes Pitcairn Road and a section of Rt. 28.   This is the gateway to Hurley from the west.

The Hudson River Valley Greenway is in the process of creating a scenic road system that will highlight the natural, cultural and historic resources of the Hudson Valley.   A number of roads in Hurley would meet the Greenway’s criteria, but possibly the most representative Scenic Byway would be Hurley Avenue from the Ulster town line to Main Street to Wynkoop Road to Hurley Mountain Road to Dug Hill Road to Rt. 28A, right turn to Dike Road back on 28A to the Olive town line.   Eventually the Town should work with the Town of Olive to continue this Scenic Byway.   Gateways are the first and often, last, perception a visitor has of a community and should be as attractive as possible.

6.                  RECREATION AREAS

1.                  Town Park on Dug Hill road  – it contains ball fields, a playground and a pavilion which can be rented for social occasions.   A tennis court is under construction and an ice skating rink is proposed.

2.                  O & W Rail Trail  – about half this trail is already developed and continues into Marbletown.   It has been ceded by Ulster County to the Town of Hurley and is permanently protected.   The other half is currently being developed into Kingston by the Town under agreement with the State Department of Transportation.

3.                  Proposed beach along the Esopus  – This property, currently  owned by Gill Farms,  could include a beach and a boat launching area.   The land includes the remains of a 200-year old mill and other historic entities.   The Hurley Lions Club has proposed to construct a gazebo for the town and this would be an excellent location.   The CAC is working on this with the Hudson River Valley Greenway.

4.                  Trails from Rail Trail to Mountainview and Lucas Avenues  – (see Mill Creek Woods)

5.                  Future Trails  – 1) along the Esopus, 2) from the Rail Trail to the Reservoir, 3) along New York State Department of Environmental Conservation land to the ruins of early Hurley residences and farms.

6.                  Proposed passive recreation town park in the center of Old Hurley, possibly behind the library.    Currently there is no outdoor space in Old Hurley for resting, picnicking or meeting friends.

7.                  CULTURAL RESOURCES – HISTORICAL AND ARCHEOLOGICAL

The Hurley Preservation Commission is preparing information on this area for the  Hurley Comprehensive Town Plan.   We only mention here a few of the more notable resources.

1.                  Main Street ( Old Route 209) and Hurley Avenue within the boundaries of the National Register  Historic District.

2.                  Remains of pre-Reservoir Communities

3.                  Individual Old Stone Houses

4.         Ruins near Dug Hill, Rosa Lane.  Colonial Stone Fences.

4.                   Buildings housing such historic figures as Winslow Homer

VI.    IDENTIFICATION AND PROTECTION OF  SURFACE AND GROUNDWATER RESOURCES

A special study to identify and evaluate ground water resources was conducted by Dr. Katherine J. Beinkafner to provide a basis for developing a groundwater protection program.   The results of this study are summarized below.   The complete study is attached as Appendix A.

A.        DATA GATHERING.

The study involved a compilation of detailed maps of federal and state-protected wetlands, soils, bedrock, surficial geologic materials, brittle structures, unconsolidated aquifers, bedrock aquifer conditions, toxic sites, and residential well data.   Maps were printed on wall size sheets at a scale of 1 inch equals 13,200 feet and reduced to 8.5 x 11 inch page size for inclusion in the report.

Once all the maps were compiled, it was possible to interpret and synthesize the data into a conceptual model of hydrologic conditions to understand the interaction of surface and groundwater flow.   For the 18 state-protected wetlands, identified and mapped by NYSDEC, hydrologic conditions were interpreted using topographic, wetland, and soils maps.   Areas of groundwater recharge are shown on a separate map with permeability of soils.   Surficial materials and soils were correlated with unconsolidated aquifers as mapped by the US Geological Survey.  Data from 114 residential wells were plotted on maps and individual bedrock aquifer areas identified and characterized.   A northwest-southeast cross section, showing surface and subsurface conditions, was prepared to show topographic and flow conditions from Ohayo Mountain to Pink Hill.    General areas of groundwater recharge and discharge are shown on the cross section.   A generalized water budget was prepared to demonstrate the significance of the interplay of precipitation, evapotranspiration, surface water, and groundwater components.

B.        AREAS OF CONCERN AND RECOMMENDATIONS.

Five general areas of concern were identified.

The Esopus Creek Floodplain is a significant agricultural area for cultivation of corn and field crops.    The groundwater in this area must remain clean to sustain the agricultural use.   Two potential threats to the water are associated with Route 209 and other roads in the floodplain.   One threat is the use of road salt and the potential to turn the groundwater to brine which the crops may not be able to tolerate.   Along the highway, another threat is the potential for a chemical spill, which could render a portion of the floodplain useless for agriculture.   This concern should be discussed with local farmers and, if they think it is a valid issue, the State and County highway maintenance agencies should be approached to request that they use less or no salt on the roads adjacent to fields.   In some towns, signs are put up to inform the motorists that the area is an aquifer area and salt is not used on the road.

Contaminated Sites are shown on a map from Toxic Targeting’s website with symbols for the locations of solid waste (landfills), hazardous waste, hazardous substance, tank failure and MTBE spill sites.   Documentation of each of these sites should be reviewed at NYSDEC Region 3 Offices to evaluate whether the contamination has been removed or cleaned up.   If not remediated, some action should be taken to warn current landowners, potential buyers and builders of the possibility of underground contamination at the site and under adjacent properties.   Soil and groundwater testing should be required prior to building or development.

High Permeability Recharge Soil Locations are identified on the soil recharge map.   These areas are vulnerable to rapidly conducting any spilled liquid contaminants directly into the groundwater.   Septic systems in such soils may work too rapidly and release bacteria into the groundwater.   Some provision should be made to address the vulnerability of these areas.

Wells in the Carbonate Bedrock.  Because of the solubility of carbonate rock such as limestone and dolostone, these rock types present special conditions that require extra attention.  When wells are drilled in carbonate rocks, a rotary rig will grind the bedrock into fine powder.   When water enters the borehole, the calcium carbonate and magnesium carbonate powder mixes with the water to form cement.   The rotating motion of the drill bit can smear the cement into the bedrock fractures that provide the water and, even though the well seemed to produce water during drilling, a dry hole can result if the driller does not take care to keep the wellbore clean.   When this happens, there are service companies which can open the fractures with various treatments.   Second, the solubility of limestone and dolostone is the property that allows running water to create caves in such rocks.   Groundwater moving through a crack or fracture can gradually dissolve away the walls and make a larger and larger opening.   When a cave breaks through to the land surface, a sinkhole is formed.   Similar to the high permeability soils, when contaminants are introduced into carbonate bedrock terrain, the potential for rapid dispersal exists.    Some provision should be made to address the vulnerability of these area.

Potential Areas for New Water Supplies.  As a result of examining the individual well logs, bedrock aquifer areas, the wetland distribution, the soil properties, and topography, three areas have been identified with the potential to provide significant water supplies for future residential and commercial development.   All three areas have unique surface features, but each water supply is in the groundwater within bedrock.   These areas include the West Hurley area close to the eastern Town boundary in the vicinity of an unconsolidated aquifer on the USGS map, the Stony Creek wetland (AS-16 and AS-6) complex, and an area in the Onondaga limestone outcrop bounded by the Town border on the south, the old railroad grade on the west, Lucas Avenue to the east and wetlands KW-8 and KW-9 to the north.   These areas all show positive signs of good water yield.   If municipal water systems are needed in the future, these are the potential sources.   Provisions should be made to identify specific parcels and develop a well drilling and testing program to quantify the potential yield of these bedrock aquifers.   To preserve these precious areas, protective mechanisms such as conservation easements or aquifer protection regulations should be established.

6.                  TECHNIQUES FOR OPEN SPACE PRESERVATION

The identified open space resources may be preserved using various techniques as illustrated in the following matrix and discussed below:

*Purchase of development rights

A.        DESIGN GUIDELINES

State law allows communities to mandate development to comply with standards for open space preservation.   In fact, § 210-38 of the Hurley Zoning Law allows the Planning Board to do so under certain circumstances.  This section states in part “...The Planning Board is further authorized to require such modifications where it finds it will be in the public interest to preserve significant natural features (such as wetlands, woods, drainageways, waterfalls, streams, etc.) or important views or significant open spaces or recreational opportunities.  Sometimes, there is resistance from both developers and neighbors to use a technique that has few precedents in the region.   Therefore, it may be more feasible to encourage use of open space design techniques by education and example.

A number of measures can be taken to encourage open space design.   A handbook of design guidelines and examples can be prepared and provided to prospective developers.   Developers can be required to prepare conceptual plans adhering to such guidelines in addition to the “preferred” conventional subdivision.   In some cases, participating in such a process may persuade the developer, neighbors and the Planning Board of the merits of such an approach.   Exhibit B illustrates an example of this approach.

2.                  OPEN SPACE ZONING

As mentioned above, the Town of Hurley Zoning Law already allows the Planning Board to require open space subdivision plans under certain criteria.   However, this provision has never been implemented for several possible reasons including the requirement of a minimum 25 acre parcel and unwillingness to impose an untested technique.   In addition to the methods to encourage use of this technique suggested above, other methods may be considered.  See Exhibit C for an article which elaborates on this technique.

An incentive may be provided by offering a density bonus for open space development.   The increased number of lots, if properly designed, can be more than off-set by the benefits of the open space preserved.   Some zoning laws establish a minimum percentage of the land area in a subdivision be set aside as open space.   The most effective use of this technique is to prepare an open space network plan for the Town so that priority areas are designated in advance and can be incorporated in subdivision design.   Other zoning techniques can be used to preserve sensitive environmental features such as steep slopes, ridge lines and hilltops, and aquatic resources.

3.                  WATER RESOURCES RELATED LEGISLATION

State legislation already exists to protect wetlands of a certain size (12.4 acres) and many streams.   However, protection of groundwater supplies is fairly limited.   The analysis in Section VI can provide the basis for regulations to protect identified groundwater resources.   One such technique is the establishment of an aquifer protection overlay district which limits the nature of subsurface discharges and the extent of withdrawal so as to protect the quantity and quality of groundwater supplies.  An overlay district is a special zone “overlaid” on existing zoning district(s) which  supplements the underlying regulations.   It can be used to provide additional standards to protect such sensitive areas as aquifers, watersheds, historic areas scenic views or mountain ridges.   The special regulations regarding the Hurley floodplains provide one example of such a zone.

4.                  PRESERVATION OF SCENIC VISTAS

A major attribute of a rural area such as Hurley is the natural character of the land and the varied views of open fields, ridge lines and mountain tops.  A list of Scenic Vista Priorities compiled by the CAC is included in Exhibit B.   This ambience can be disrupted by obstacles along the roadways which obstruct views and create an enclosed corridor or by structures which intrude upon views and scenic vistas.   The design guidelines discussed above can address these issues as can other measures as well.

The visual impact of residential development in agricultural or other open lands varies depending on the actual location of home sites.   A few houses set in the middle of large open fields have much greater impact than houses located on the edges of woodlands or hedgerows or screened by other physical features.  In contrast, along roads in forested areas, houses close to the road detract from the rural setting which could be preserved by establishing non-disturbance buffers along the roadside.

While there is a minimum setback for buildings established in the Zoning Law, fences up to six feet in height may be located along the street line.  An open split rail or similar fence is not a visual barrier.   However, an opaque, six foot high fence along the street line is a major visual intrusion which creates an enclosed corridor rather than open views.   The Zoning Law could be amended to limit the height and/or opacity of fences placed between the set-back line and the street line.

The Zoning Law requires a visual assessment of structures in the A-4 District (§ 210-41.E.) to provide an opportunity for the Planning Board to evaluate the impact of structures on the visual character in this district and to establish standards to minimize such impacts.   This same procedure can be amended and expanded to address other critical views and visual resources.

5.                  ACQUISITION OF LAND OR DEVELOPMENT RIGHTS

Acquisition of land in fee simple or purchase of development rights (PDR) may be accomplished by the Town or a non-profit agency by purchase or donation.  For instance, the Rondout-Esopus Land Conservancy has been established to receive such donations and presently holds conservation easements on approximately 1,000 acres in Marbletown.  The first such easement was recently received in Hurley, a 104 acre parcel at the end of Eagles’ Nest Road.

Under Section 247 of General Municipal Law, a community may acquire fee simple or development rights to land which is defined broadly as “open space”.   A community may also acquire “conservation easements” under Sections 49-0301 to 49-0311 of the Environmental Conservation Law.   The Conservation Law allows the community to delegate enforcement of a conservation easement to a third party (such as the Rondout-Esopus Land Conservancy) while Section 247 does not provide such an option.

A community may fund purchase of land or development rights by appropriations from current property taxes or by incurring indebtedness in the form of a bond.   This latter method allows the community to obtain necessary funds “up front” while paying over a period as long as thirty years.  A recent study in the Town of Marbletown demonstrated that a $1,000,000 open space fund could be created at a cost to the average home owner of $33 per year over a 20 year period.  Grants available from various sources could reduce the cost to local residents further.   A summary of various possible funding sources for open space preservation is included in Exhibit D.

Another technique that has been used is the transfer of development rights (TDR) program which allows the development rights permitted under the zoning of one parcel to be transferred to another parcel at a different location.  The land that is to be protected from development, (the “sending property”), transfers its development rights to a “receiving property”, thereby increasing the development density legally permitted on the receiving property.   The rights can also be transferred to a municipality that has set up a “development bank” that will use the rights at a future date.   Anyone can buy development rights; however they can only be used in receiving areas.   The owner of the sending property is compensated for these rights based on the fair market value at the time of the transaction.

The TDR program can be difficult to administer and requires good long term record keeping.   Most difficult to overcome, however, in a Town such as Hurley, is the increase in density necessary in the receiving zone to make the process work.   Not only is there a general resistance to increased density but, also, the logical receiving zones - the hamlets - would require development of central water supply and sewage disposal systems in order to allow density to be increased much below the prevailing minimum lot size.

A community can temporarily preserve open space by leasing the development rights or providing preferential tax treatment if an owner agrees to limit development for a specified period of time.   This later method is similar to the program under which agricultural or forest lands are assessed at a reduced rate.   The extent of the reduction in assessment can be increased in proportion to the length of the agreement.  Penalties and back taxes are assessed against owners who break the agreement.   Although of limited duration, these measures require less financial obligation by the community and can be used to “buy time” while permanent solutions are established.

6.                  EXAMPLES OF SUCCESSFUL OPEN SPACE PRESERVATION EFFORTS

TOWN OF RED HOOK

In 1988, the private nonprofit conservation organization, Scenic Hudson, announced that it had purchased conservation easements on seven farms in the Town of Red Hook, assuring that more than 1,000 acres of productive Hudson River Valley farmland would be safe from the pressures of suburban sprawl.   Grants from a private foundation funded the easement purchases that protect three cash crop operations and four orchards, including a sixth-generation bicentennial farm.   The project created an affordable pool of land for farmers; immediately after the easement signings, three of the seven farms were transferred on to a new generation of younger farmers.  Working with American Farmland Trust, Hudson Valley farmers, farmland protection board members and local land trusts, Scenic Hudson developed a flexible and innovative conservation easement document that accommodated the needs of present and future farming enterprises, while protecting agricultural and environmental resources.   (“Call to Action”, American Farmland Trust, 1998).

TOWN OF PITTSFORD

In 1993 the Town of Pittsford, outside Rochester, prepared a fiscal impact analysis which calculated that, due to the cost of services for new residential development, preservation of open space was more financially advantageous.   The Town then developed an open space rating system and identified 2,000 acres as suitable for acquisition including both agricultural lands and valuable ecological resources.   In 1996, the Town Board unanimously approved a $9.9 million bond issue to purchase the development rights to permanently protect seven farms totaling 1,100 acres.

TOWN OF ESOPUS         

In cooperation with Scenic Hudson, the Town of Esopus has preserved some 800 acres of open space.   A spit of land at the junction of the Rondout Creek and the Hudson River was identified in the Town’s Local Waterfront Revitalization Program as a unique asset.   The property was acquired by Scenic Hudson while the Town secured grants to purchase the property and develop a waterfront park.   Scenic Hudson also purchased land and development rights to two other waterfront parcels and a 500 acre tract on the Shaupeneak Ridge, one of the highest points in Town.   Not only are these lands preserved in perpetuity but, also, each is open to public use and enjoyment for passive recreation.

VIII.   RECOMMENDATIONS

Based on the analysis of resources and the priorities established by the CAC, the following actions are recommended to initiate implementation of this plan for open space preservation.    The recommendations are divided into two categories:  short term, which do not require significant funding and longer term, which require substantial funding and/or further study.

1.                  Short Term Recommendations

1.                  Prepare design guidelines to supplement the Town’s zoning law and subdivision regulations for use by the Planning Board when dealing with developers.   At first, such guidelines would be advisory and serve as an educational tool to promote the use of open space development techniques.

2.                  Prepare aquifer protection overlay district regulations, based on the areas delineated in the hydrological study, to preserve the quantity and quality of identified groundwater resources.

3.                  Designate specific roads as scenic roads and prepare standards for development along such roads regarding fences, natural buffers, expanded set backs and lot widths and other measures to preserve the natural and historic character.

4.                  Amend the zoning law to confirm that the Town encourages agricultural uses so as to preserve open space and the rural character of the Town as well as to promote production of food and other agricultural products.   The amendment would clarify that the Town does not intend to unreasonably restrict or regulate farm operations and supports the “right to farm” provisions of state law.

5.                  Incorporate appropriate elements of this open space report into the Town’s Comprehensive Plan.

6.                  In areas identified in the Aquifer Protection Study where soil permeability is high, educate landowners and residents about the issues relating to groundwater contamination resulting from spilled contaminates, leakage from buried oil tanks, septic system effluent and pesticide and fertilizer use.

2.                  Longer Term Recommendations

1.                  Establish a local fund for acquisition of high priority open space parcels and/or development rights.   This fund should be used as the local match for grants from other public and private agencies.

2.                  Acquire and develop a swimming beach on the Esopus Creek .

3.         Expand the trail system from the O&W rail trail by negotiating easements and/or utilizing lightly trafficked Town roads.

4.         Initiate a program to remove underground oil storage tanks.

5.         Investigate contaminated sites identified in the Aquifer Protection Study that could affect water potability and safety.   This may require Phase I (routine) and Phase II (comprehensive) site assessments.

6.         Perform a study regarding the issue of protecting areas where good sources of water may exist that could be used for future community or municipal water systems.   This study may involve performing sample drilling and testing to quantify source yields.   If good water sources are identified, preservation programs will need to be formulated and adopted to protect these resources.

7.         Investigate the issue of road salt application on roads in area of high soil permeability.

8.         All towns in New York State have the right to identify and protect wetlands which are smaller than the state limit of 12.4 acres.   Perform a study to identify any wetlands which fall into this category.