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 17th 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:
|
Land Use Category
|
Acres
|
% Of Total
|
|
Agricultural
|
1,040
|
4.6%
|
|
Residential
|
4,428
|
19.6%
|
|
Vacant* (inc. rural res. 10+ ac.)
|
8,497 (2,115)
|
37.6%
|
|
Commercial and Industrial
|
380
|
1.7%
|
|
Recreation, Entertainment, Community
Services and Public Services
|
1,400
|
6.2%
|
|
New York City DEP Land
|
5,689
|
25.2%
|
|
Wild, Forested, Conservation Lands and
Public Parks
|
1,154
|
5.1%
|
|
Total
|
22,587
|
100.0%
|
* 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
|
Type of Resource
|
Potable Water Supply
|
Ground-water Recharge
|
Ground-water
Discharge
|
Flood Control
|
Wildlife Habitat
|
Aesth-etic or
Scenic
|
Active Recrea-tion
|
Passive Recrea-tion
|
Maintain Rural Character
|
|
Ground Water
|
|
|
|
|
|
|
|
|
|
|
Wellheads
|
n
|
|
|
|
|
|
|
|
|
|
Aquifers
|
n
|
n
|
|
|
|
|
|
|
|
|
Surface Water
|
|
|
|
|
|
|
|
|
|
|
Streams/Rivers
|
|
n
|
n
|
|
n
|
n
|
n
|
n
|
n
|
|
Lakes/Ponds
|
|
n
|
n
|
|
n
|
n
|
n
|
n
|
n
|
|
Wetlands
|
|
n
|
n
|
n
|
n
|
n
|
|
n
|
n
|
|
Flood
Plains
|
|
|
|
n
|
n
|
|
|
|
n
|
|
Agricultural
Lands
|
|
n
|
|
n
|
|
n
|
|
|
n
|
|
Undeveloped Lands
|
|
|
|
|
|
|
|
|
|
|
Forests/
Woodlands
|
|
|
|
n
|
n
|
n
|
n
|
n
|
n
|
|
Open
Fields
|
|
|
|
n
|
n
|
n
|
n
|
n
|
n
|
|
Ridgelines
|
|
|
|
|
n
|
n
|
|
n
|
n
|
|
Steep Slopes/
Rock
Outcroppings
|
|
|
|
|
n
|
n
|
n
|
n
|
n
|
|
Scenic Vistas
|
|
|
|
|
|
n
|
|
n
|
n
|
|
Scenic
Roads/
Gateways
|
|
|
|
|
|
n
|
|
n
|
n
|
|
Recreational
|
|
|
|
|
|
|
|
|
|
|
Parks
|
|
|
|
|
n
|
|
n
|
n
|
|
|
Hiking/Biking Trails
|
|
|
|
|
n
|
|
n
|
n
|
|
|
Historic
Sites
|
|
|
|
|
|
n
|
|
n
|
n
|
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 18th 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:
|
Type of Resource
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Preservation Techniques
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Design
Guidelines
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Open Space
Zoning
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Water
Related
Leg.
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PDR*
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Acquisition
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Groundwater
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Surface Water
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Agricultural Land
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Undeveloped Land
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Scenic Roads/Vistas
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Recreation Areas
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*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.