The Greenburgh Town Board will vote on the following resolution tomorrow evening at Town Hall. The meeting begins at 8 PM and residents will have the opportunity to comment on this open space acquisition before the vote. The members of the Town Board are meeting with members of the N Elmsford Civic Association immediately prior to this meeting (at 6:45 PM). It’s possible that the meeting might start a little late but we will try to be on time.
RESOLUTION AUTHORIZING THE TOWN OF GREENBURGH TO ACCEPT A ONE MILLION ($1,000,000) DONATION FROM AVALONBAY COMMUNITIES, INC. AND ROBERT MARTIN COMPANY, LLC TO BE USED SOLELY FOR THE PURPOSE OF FUNDING THE ACQUISITION OF UNDEVELOPED LAND ABUTTING TAXTER RIDGE PARK PRESERVE IN THE VILLAGE OF TARRYTOWN FOR DEDICATION AND USE SOLELY AS PUBLIC PARK EXPANSION FOR ALL TOWN RESIDENTS, WITH NO ACQUISITION, MAINTENANCE OR OTHER COSTS TO RESIDENTS OF THE UNINCORPORATED AREA OF THE TOWN
WHEREAS, AvalonBay Communities, Inc. and Robert Martin Company, LLC would like to make a donation of $1,000,000 for the purchase of undeveloped land abutting Taxter Ridge Park Preserve for dedication and use solely as public park expansion; and
WHEREAS, AvalonBay Communities, Inc. and Robert Martin Company, LLC seek to make the donation for the purpose of funding the acquisition of land to provide additional mitigation of the impacts of the multi-family residential project adjacent to Taxter Road and known as “Avalon Green II”; and
WHEREAS, the Town, with the assistance of the East Irvington Civic Association, has identified 28.7 acres of undeveloped land abutting Taxter Ridge Park, owned by the Holy Spirit Association for the Unification of World Christianity (“Holy Spirit Association”) that the Holy Spirit Association is willing to sell to the Town using monies received solely from the proposed donation by AvalonBay Communities, Inc. and Robert Martin Company, LLC and no additional Town funds would be required to be expended to purchase the undeveloped land; and
WHEREAS, pursuant to a letter to the Town Board dated September 11, 2014, the Holy Spirit Association has confirmed its intention to sell to the Town 28.7 acres abutting Taxter Ridge Park Preserve located in the Village of Tarrytown for one million dollars; and
WHEREAS, the 28.7 acres are located in the Village of Tarrytown and are part of the Jardim Estates East Subdivision which was granted preliminary plat approval on May 28, 2014, and which abuts Taxter Ridge Park Preserve on two sides and is shown on the two maps attached, labeled “Jardim Estates East Subdivision–Figure 1,” dated March 25, 2014, and “Final Subdivision Plat and Site Development for Jardim Estates East – GU-3.1,” dated June 1, 2014; on the basis of a subdivision plan that assumes the donation and therefore a reduced lot count; and
WHEREAS, the Planning Board of the Village of Tarrytown is prepared to grant final subdivision plat and site development approval for Jardim Estates East at a subsequent Planning Board meeting should the Town Board elect to assign its rights to the 28.7 acres of land to the Village utilizing funds provided to the East Irvington Civic Association by the Robert Martin Corporation and AvalonBay Communities, Inc.; and
WHEREAS, pursuant to a letter to the Town Attorney dated September 10, 2014, representatives for the Village of Tarrytown confirmed that should the Town Board assign its rights to 28.7 acres of land in the Village utilizing funds provided by AvalonBay Communities, Inc. and Robert Martin Company, LLC, the Village will seek to have the 28.7 acres dedicated for use solely as public park expansion, will permit the property to be open to the general public as parkland, and will accept all maintenance responsibility, associated costs and liability coverage upon the Village taking title to the property from the Holy Spirit Association; and
WHEREAS, pursuant to a letter to the Town Supervisor dated September 26, 2014, the NYS Office of Parks, Recreation and Historic Preservation supports the Town’s acquisition of the 28.7 acre parcel from HSA utilizing funds set aside for open space; and
WHEREAS, the Town Attorney’s office has reviewed the terms of the October 31, 2009 Grant Agreement between AvalonBay Communities, Inc., Robert Martin Company, LLC and the East Irvington Civic Association and does not believe that complying with the terms of the 2009 Agreement would violate the provisions or the spirit of § 2 of Chapter 891 of the State of New York Laws of 1982 (also known as the “Finneran Law”); and
WHEREAS, the Town Attorney’s office has had discussions with representatives of both the Irvington School District and the Holy Spirit Association and does not believe that complying with the terms of the 2009 Grant Agreement will in any way adversely affect pending tax certiorari proceedings with the Holy Spirit Association,
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Greenburgh hereby authorizes the Town Supervisor to accept a One Million ($1,000,000) donation from AvalonBay Communities, Inc. and Robert Martin Company, LLC to be used solely for the purpose of funding the acquisition of undeveloped land abutting Taxter Ridge Park Preserve for dedication and use solely as public park expansion for all Town residents, with no acquisition, maintenance or other costs to residents of the unincorporated area of the Town
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