5. Resolution No. 142

Authorizing The Continuation Of Agricultural District No. 2 – Wallkill River – Towns Of Esopus, Gardiner, New Paltz, Plattekill, Rosendale, Shawangunk and the Village of New Paltz – Department Of Planning

Resolution Information

Status: 
Adopted

RESOLUTION TEXT +-

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Referred to: The Economic Development, Tourism, Housing, Planning and Transit

Committee (Chairman Briggs and Legislators Allen, Archer, Bartels, Litts, Maio, and

Maloney)

Chairman of the Economic Development, Tourism, Housing, Planning, and Transit

Committee, Thomas J. Briggs, and Deputy Chairman James F. Maloney offer the

following:

WHEREAS, this resolution has been submitted by the County Executive on

behalf of the Department of Planning; and

WHEREAS, NYS Department of Agriculture and Markets Law Section 303-a

provides for the review of agricultural districts every 8, 12 or 20 years after their

creation, the time period established upon its creation; and

WHEREAS, Agricultural District No. 2 was created on September 10, 1973

with an 8 year review schedule with its last anniversary date in 2006; and

WHEREAS, the Ulster County Legislature passed Resolution #187, adopted

July 17, 2012, which postponed the latest review date from September 10, 2013 to

July 21, 2015; and

WHEREAS, the New York State Department of Agriculture and Markets

approved the postponement of the review to July 21, 2015 requiring a 300 day review

period that began September 22, 2014; and

WHEREAS, consistent with Agriculture and Markets Law Section 303-a,

Ulster County published notice of 30-day period for modifications of the District; and

WHEREAS, the Ulster County Agricultural and Farmland Protection Board

(AFBP) has met to consider the continuation of the District and has adopted the

required report that recommends the continuation of Agricultural District No. 2, with

modifications; and

WHE

 

WHEREAS, there were no comments received at the public hearing held on

March 17, 2015; and

WHEREAS, The Legislature, after circulation of the AFPB recommendations

to affected landowners, received two (2) requests from individuals whose properties

were recommended for removal from the District by the AFPB and has considered

these requests; and

WHEREAS, in accordance with both the provisions of the State

Environmental Quality Review Act, 6 NYCRR Part 617 (SEQRA), and the County

of Ulster’s SEQRA Type II List, adopted by Resolution No. 118 on April 20, 2010,

the Ulster County Legislature has examined the proposed continuation of the District

with proposed modifications and determined it to be an unlisted action; now,

therefore, be it

RESOLVED, that the Ulster County Legislature hereby approves the

continuation, with modifications, of Agricultural District No. 2 in the Towns of

Esopus, Gardiner, New Paltz, Plattekill, Rosendale, Shawangunk and the Village of

New Paltz in accordance with the recommendations of the AFPB as filed with the

Clerk of Legislature, as Agricultural District No. 2 Wallkill River, Ulster County,

with the next anniversary date of July 21, 2023 with the exception that the following

properties remain within the District:

Owner Town S/B/L Address Acreage

Harold Ruddy Gardiner 101.1-2-9 16 Millbrook Rd 4.01

Judy Clarke Gardiner 94.3-3-16.102 4 Patentee Dr. 1.60

Judy Clarke Gardiner 94.3-3-16.105 8 Patentee Dr. 1.10

Judy Clarke Gardiner 94.3-3-16.108 16 Patentee Dr. 0.86

Judy Clarke Gardiner 94.3-3-16.111 5 Sarah’s Way 1.10

Judy Clarke Gardiner 94.3-3-16.115 12 Sarah’s Way 1.00

Steven Clarke Gardiner 94.3-3-16.101 2 Patentee Dr. 1.10

Steven Clarke Gardiner 94.3-3-16.104 6 Patentee Dr. 1.30

Steven Clarke Gardiner 94.3-3-16.107 14 Patentee Dr. 0.86

Steven Clarke Gardiner 94.3-3-16.110 20 Patentee Dr. 1.10

Steven Clarke Gardiner 94.3-3-16.112 7 Sarah’s Way 1.20

Steven Clarke Gardiner 94.3-3-16.114 11 Sarah’s Way 1.30

Steven Clarke Gardiner 94.3-3-16.117 8 Sarah’s Way 1.10

Steven & Judy Clarke Gardiner 94.3-3-16.103 2 Sarah’s Way 1.20

Steven & Judy Clarke Gardiner 94.3-3-16.106 10 Patentee Dr. 1.10

Steven & Judy Clarke Gardiner 94.3-3-16.109 18 Patentee Dr. 1.10

Steven & Judy Clarke Gardiner 94.3-3-16.113 9 Sarah’s Way 2.10

Steven & Judy Clarke Gardiner 94.3-3-16.116 10 Sarah’s Way 1.20

Steven & Judy Clarke Gardiner 94.3-3-16.118 6 Sarah’s Way 1.00

 

and, be it further

RESOLVED, that the Ulster County Legislature finds the continuation of the

District with modifications, will result in no significant adverse environmental

impacts and that a Negative Declaration is hereby adopted under State Environmental

Quality Review Act, 6 NYCRR Part 617 (SEQRA); and, be in further

RESOLVED, that the Clerk of the Ulster County Legislature is hereby

directed to submit this resolution, maps and reports as required to the Commissioner

of New York State Department of Agriculture and Markets for consideration to

determine if it is consistent with New York State environmental plan, policies and

objectives and requesting certification of the modified District,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Wishnick)

Passed Committee: Economic Development, Tourism, Housing, Planning and

Transit on April 7, 2015

FINANCIAL IMPACT:

NONE

 

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 21st Day of April in the year Two Thousand and

Fifteen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 23rd Day of April in

the year Two Thousand and Fifteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

23rd Day of April, 2015. 28

th Day of April, 2015.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature 

Current Text: PDF

 

Updated: October 8, 2020