Section 2: Inventory and Analysis

A. Overview

estled in the historic Mid-Hudson Valley, with some seven miles of shoreline along the magnificent river that gives the valley its name and character, the western portion of the Town of Red Hook is an area of unique natural and man-made beauty. NThis natural beauty has been admired for centuries and has inspired many from all walks of life to settle here and leave their stamp upon the landscape. The first recorded Native American group were the Munsee, a northern segment of the Lenni Lenape or Delaware tribe, which itself was part of the larger Mohican Nation. Native Americans inhabited the Hudson Valley, following the retreat of the North American glaciers, for an estimated 130 centuries before Europeans arrived. Their legacy exists primarily in their archaeological remains and a few first person accounts recorded by early European settlers. The first western explorers were Henry Hudson and his crew aboard the Half-Moon, which sailed the river in search of the Northwest passage. The earliest European settlers were Dutch, followed by Palatine farmers and businessmen who built sturdy farmhouses. They were followed by financial magnates who oversaw the construction of large riverfront estates with extensive landscaped grounds in the romantic style.

Active farms with open and wooded areas, the beauty of historic buildings in portions of Barrytown and Annandale hamlets, large estates bordering the river and views of the majestic Hudson River and Catskill Mountains have all long been recognized as worthy of preservation. Together, these magnificent features have given rise to the state and national significance of Red Hook’s Waterfront Revitalization Area (WRA).

Historically the Town of Red Hook has been a rural area intermixed with some more intensive residential and commercial activity focused in and around the Villages of Red Hook and Tivoli. For more than 25 years, the Town of Red Hook has been devoted to protecting its farms, and farming is one of the most important industries in the community. Farms devoted to vegetable and fruit growing, flowers, raising of cattle and other livestock, dairy production, other livestock products, wine, beer, cider and distilled spirits production, farm- to-table dining, and horse breeding are important features in the economic life of the town.

VERSION 1B II-1 SEPTEMBER 10, 2020 Many farms have established sustainable agricultural practices, such as organic farming, and niche products like cranberries, currants, hemp, heirloom fruits and vegetables, and wild or cultivated exotic mushrooms which can be found at farm stands and farm markets. In addition to the economic and food security benefits of local farms, the visual and scenic appeal of these farms provides a sense of desirable openness and well-being to residents, business people and tourists.

Until recently, the town was on the periphery of other areas in the Hudson Valley where major development had occurred. Largely because of economic activity spurred by the success and expansion of IBM in the Kingston area, Poughkeepsie and southern Dutchess County, residential and commercial growth had centered in those areas. While the Kingston- Rhinecliff Bridge brought increasing numbers of people to and through the town beginning in the 1960s, growth in the Town of Red Hook was relatively slow. IBM’s Kingston facility employed thousands until the early 1990’s, and the town was able to meet many of the residential needs of IBM’s area employees. When IBM closed its Kingston facility in 1992, Red Hook experienced a short exodus that lasted until the early 2000’s. Following the tragic events of September 11, 2001 in New York City, Pennsylvania, and Washington DC, Red Hook saw an influx of new residents looking for a quieter place to live.

According to the US Census Bureau, the population of the town including the Villages of Red Hook and Tivoli increased from about 7,550 in 1970 to 8,350 in 1980, and in 2017, estimates are of a total town population of 11,220. Since 1970, the population of the Village of Red Hook increased steadily from 1,680 to 1,961 in 2010, an increase of 281 persons (or 17 percent increase) over a 40 year period. In Tivoli, the population growth has been greater than the Village of Red Hook’s with 739 residents in 1970 growing to 1,118 residents in 2010 for an increase of 51 percent. The bulk of the growth in Red Hook has been in the unincorporated areas of the town, which experienced more intense development pressures than the villages, where a lack of undeveloped land exists.

In the past, conventional subdivisions outside of the Waterfront Revitalization Area proliferated due to the relative ease of converting prime farmland to residential uses. However, beginning in 2004, Red Hook formed an Intermunicipal Task Force with its two villages and began in earnest to find innovative techniques to protect its exceptional farmland. Working with its farmers, Red Hook embarked on a planning and zoning effort that has been ongoing since then.

VERSION 1B II-2 SEPTEMBER 10, 2020 Agriculture is of great economic importance to the community, and one-third of the town’s land area is devoted to farming. The town’s innovative farmers continue a tradition that dates back centuries, but are challenged by economics, a steady competition for use of their lands, and markets for their crops. Farm stands featuring local produce dot Red Hook’s countryside, and families can enjoy "pick-your-own" apples and other produce at many of Red Hook’s orchards. New ventures including specialty crops, organic farms and wineries, breweries and distilleries have been established, especially since the town placed a renewed emphasis in 2004 on protection of agriculture.

Protection of Red Hook’s rural quality, agricultural character, and its natural environment clearly stand out as major goals for residents of the town. When asked on a public opinion survey for the Town’s Comprehensive Plan how important certain issues were, the highest priorities for protection were agricultural lands, scenic vistas and roads, wildlife habitats, all water resources including the Hudson riverfront and its tributaries, wetlands, forests, historic and archaeological sites. These qualities are what residents value most and want to protect. Other priorities for residents are to “preserve and enhance the quality of life,” “maintain and protect rural character,” and “continuation and diversification of agriculture.”

Many of the potentially negative developments highlighted in the 1995 LWRP document are no longer of concern. These included a county landfill that could have impacted the Stony Kill and Tivoli North Bay, expanded programming at the county fairgrounds in Rhinebeck, a coal port in Kingston, a Hudson River water skimming plan, a proposed Consolidated Edison power plant and a hazardous waste disposal facility.

A new concern related to the Hudson River includes the United States Coast Guard’s proposal to establish anchorage grounds in the river. In 2016, the Coast Guard published a Proposed Rule detailing establishment of new anchorage grounds in the Hudson River from Yonkers, NY to Kingston, NY. The Rule would, if adopted, establish 10 new anchorage grounds for 43 commercial vessels and their attending tugs, tows or pushboats. The Proposed Rule received more than 10,000 comments from agencies and the public. The Coast Guard suspended action on the proposed Rule in 2018 after receiving and reviewing more than 10,000 comments. Among them were comments from the Town of Red Hook as detailed in Town Board Resolution No. 92 of 2016.

VERSION 1B II-3 SEPTEMBER 10, 2020 Fortunately, Red Hook has a rich history of citizens and officials caring about their community. Since the 1970's, several groups have been formed, studies have been undertaken and efforts have been made to preserve and enhance the natural and man-made resources of Red Hook. Adjacent towns and other municipalities in the Mid-Hudson Valley responded in a coordinated manner to what were considered development pressures and threats to the area's scenic, historic and environmental resources. A list of these groups, studies and efforts are included in the Appendix under Major Initiatives Undertaken. The preparation of the Local Waterfront Revitalization Program Update represents the latest in this series of steps.

In addition, since the 1995 LWRP was adopted, Red Hook committed to protection of its natural and cultural resources through voter initiatives and official actions. On October 7, 2003, the voters of the Town of Red Hook approved the Farmland Protection Program to preserve important agricultural resources. Voters approved a proposition authorizing the expenditure of $3.5 million for the acquisition of interests or rights in real property for the preservation of farmland in the town, pursuant to § 247 of the General Municipal Law. The Farmland Protection Program Guidelines and Criteria describing funding procedures and standards are attached to Resolution # 15 adopted on July 8, 2003. Approximately $2.2 million was invested in the program.

In 2006, the New York State Legislature amended Article 4 of the New York State Town Law by adding a new Section 64-h to authorize the Red Hook Town Board to establish, through a local referendum, a Community Preservation Fund supported by revenues from a two (2) percent real estate transfer tax on amounts over and above the Dutchess County median home price. This legislation allowed the Town of Red Hook to protect its farmland, open space, environmental and cultural resources, which are all vital to the future social, economic and environmental health of the town. The Community Preservation Fund supplements the Town of Red Hook Farmland Protection Program, established for the purpose of purchasing development rights and acquiring conservation easements on agricultural lands in the town.

Following the local referendum, the Town Board adopted Local Law No. 1 of 2007 establishing the Community Preservation Fund in Chapter 57 of the Red Hook Town Code. Deposits into the fund can include, at a minimum, Open Space Acquisition Bond Funds, all revenues from or for the amortization of indebtedness authorized for the acquisition of open spaces or areas pursuant to § 247 of the General Municipal Law, and any revenues from a

VERSION 1B II-4 SEPTEMBER 10, 2020 real estate transfer tax. The Fund was also authorized to accept gifts. Interest accrued by monies deposited in the Fund are required to be credited to the Fund and no monies deposited in the Fund can be transferred to any other fund or account.

By 2020, a total of 2,762 acres of land had been preserved by the Town of Red Hook through purchase of development rights on farms and open spaces. There was a total of 5,687 acres of privately-owned land in Red Hook (and its two villages) protected by 2020 through a conservation easement or owned outright by a conservation organization, which includes the previously noted 2,762 acres preserved by the town. Scenic Hudson Land Trust (SHLT), Dutchess Land Conservancy (DLC), and Winnakee Land Trust (WLT) have been partners in the efforts to acquire the development rights on farms and other open space lands. Red Hook has also been able to leverage county, state and federal funding, such as the US Department of Agriculture’s Farm and Ranch Lands Protection Program, for some of the properties. Protected lands are identified on Map 2 found in Appendix 2, prepared by Scenic Hudson, and may include properties protected by government agencies and/or through fee acquisition.

In 2011, Red Hook took an active role in furthering agriculture in the town by establishing a new Zoning district, the Agricultural Business (AB) District, that includes a number of parcels within the Waterfront Revitalization Area. The purpose of the AB District is to implement the goals of the Town’s Comprehensive Plan and Open Space Plan to protect agricultural lands, discourage incompatible land uses, and promote agriculture as a component of the local economy now and in the future. The AB District’s provisions were also adopted to promote small town development, with close-knit villages surrounded by rural countryside, in keeping with traditional rural land use patterns of the Hudson Valley and in conformance with the Town’s Comprehensive Plan and Open Space Plan.

In conjunction with the creation of the AB District, Red Hook took an innovative approach to directing new development away from its farms and towards it villages. In 2011, Red Hook created a new Traditional Neighborhood Development (TND) District adjacent to the Village of Red Hook. Form-based zoning in the TND District ensures that walkable, mixed-use neighborhoods and variety and choice in housing types are features required for new developments in the TND District. Developers can increase building potential above the base zoning, in keeping with the existing Village of Red Hook character, by contributing to a dedicated greenspace fund through incentive zoning. These funds are then used to

VERSION 1B II-5 SEPTEMBER 10, 2020 purchase development rights from lands in the AB District, thereby shifting building potential from the town’s farmlands to its center.

Open Space Incentive Zoning provisions authorize adjustments to building potential in the TND District in exchange for funds to be used exclusively to preserve greenspaces in the AB District or alternatively in exchange for the permanent protection of land within the AB District, at no direct cost to residents and taxpayers of the town. This mechanism transfers building potential to lands that have been identified for development (i.e., “centers”) in the Town’s Comprehensive Plan from lands that have been identified in the Plan for conservation (i.e., “greenspaces”). The AB District is found within the Waterfront Revitalization Area and it can be expected that the Incentive Zoning provisions may be used in the future to protect farms whose owners wish to participate in the program.

The following portion of Section II is composed of various inventory subsections relating to current conditions within the town and an analysis of issues or areas of concern, problems and opportunities. Some of the issues presented are of a general nature and others express more specific concerns.

B. Existing Land Use

he Waterfront Revitalization Area within the unincorporated portion of the Town of Red Hook is primarily a rural, educational, and estate area, separate from the commercial and higher density residential areas that have been centered in and Taround the villages of Red Hook and Tivoli. The small hamlets of Annandale and Barrytown provide areas of somewhat more dense residential development near Bard College, as shown on Map 2.

Barrytown was once a bustling commercial area. Its boat dock supported related businesses such as hotels, a small store, a cooperage, and ice houses, while a railroad station attracted commuters, tradespeople and travelers. The last major commercial activity was brought to a halt in 1906 when a fire destroyed the huge ice houses.

Annandale was the location of an early church which became the site of Bard College. Over the years, the hamlet included a few commercial uses, which became part of the

VERSION 1B II-6 SEPTEMBER 10, 2020 Montgomery Place estate when Historic Hudson Valley (then Sleepy Hollow Restorations) gradually purchased the estate and other Annandale buildings beginning in 1986. Montgomery Place was acquired by Bard College in 2016.

1. Agriculture

Agriculture in the Waterfront Revitalization Area is significant as an important economic resource for the community and as an important visual resource for both residents and visitors (see Map 2, Existing Land Use). Currently the primary agricultural activities in the town are fruit and vegetable production, the raising of poultry, cattle and other livestock, dairy production, horse breeding, and specialty crops needed for wines, beer, cider, and distilled spirits. Red Hook has taken a proactive role in seeing that its farms are protected through a Purchase of Development Rights (PDR) program, preparation of a Community Preservation Plan that identifies agriculture as the highest priority for use of PDR funds, and through the Incentive Zoning provisions that link the Town’s AB (Agricultural Business) Zoning District with its TND (Traditional Neighborhood Development) Zoning District to allow the transfer of density from farms to lands adjacent to the Village of Red Hook.

Many of the farms within the Waterfront Revitalization Area have been included within the New York State Agricultural District program. In this program, enrolled farmers annually grossing over $10,000 in agricultural activity are able to benefit from reduced land assessments, and thereby a reduction in taxes, in return for a multi-year (at least eight years) commitment to remaining in farming. In addition, some owners of horse farms have been able to obtain tax benefits from horse breeding.

2. Higher Density Residential

Residential uses are found primarily within the hamlets of Barrytown and Annandale and in the Village of Tivoli. Within the hamlets, homes are generally sited on lots of one-half acre or less. The village and hamlet areas are quite clearly defined because of the extent of relatively undeveloped (i.e., agricultural or vacant, wooded or wetland) areas surrounding the built-up areas. None of the areas where the town’s TND District was established are within the Waterfront Revitalization Area.

VERSION 1B II-7 SEPTEMBER 10, 2020 3. Rural/Estate Residential

The Rural/Estate Residential category on Map 2, Existing Land Use shows large estates lining the river, generally west of River Road. Map 2 shows the parcel containing the main house, its accessory building(s) and some surrounding land to be in the residential designation, while remaining estate lands are generally shown as vacant/wooded or agricultural. Scattered houses away from Tivoli and the hamlets, but along Route 9G, are also included in this category.

4. Vacant

More than fifty percent of the land in the Waterfront Revitalization Area of the town is considered vacant. The vacant areas include wooded lands, wetlands, old unused pasture, and farm fields. These vacant, wooded and wetland areas serve as important visual resources complementing the agricultural areas, the historic structures and the beauty and open space provided by the Hudson River and more distant Catskill Mountains. Many of these areas, particularly those within the Tivoli Bays Wildlife Management Area and Research Reserve are used for research and educational purposes. In addition, they serve an important ecological function by providing watershed areas as well as habitats and breeding areas for plants, fish and wildlife. Maintained in their natural state, the brush, wooded and wetland areas serve to assist in flood and erosion control, air quality amelioration, noise absorption, and for carbon sequestration.

5. Commercial

Most commercial uses in the town are found within the Villages of Red Hook and Tivoli, which do not lie within the town’s Waterfront Revitalization Area. However, a few commercial sites, including a restaurant, a commercial building and the Montgomery Place Wayside Farm Market have been identified in scattered locations along Route 9G within the Waterfront Revitalization Area.

VERSION 1B II-8 SEPTEMBER 10, 2020 6. Public/Quasi-Public

Public/quasi-public uses form another major land use in the Waterfront Revitalization Area of Red Hook. They include Tivoli Bays Wildlife Management Area and Research Reserve, Bard College, including Bard’s Montgomery Place Campus, and the Unification Church site. Also shown in this category are functioning churches and cemeteries.

7. Educational Facilities

Bard College’s 1,000 acre campus is located within the Waterfront Revitalization Area. Bard was founded as St. Stephen’s College in 1860 and has grown from a small Episcopal- affiliated institution to a liberal arts college with undergraduate and graduate programs offering degrees in the arts and sciences. The college has a network of over 35 affiliated programs, institutes, and centers, spanning twelve cities, five states, seven countries, and four continents.

Bard's campus is an important regional cultural institution, and its place in the Waterfront Revitalization Area is well regarded for its contributions to the community. In September 2011, Travel+Leisure magazine named Bard as one of the most beautiful campuses in the United States. Both the CCS Hessel Museum of Contemporary Art and the Richard B. Fisher Center for the Performing Arts are located on campus. The college hosts two acclaimed annual arts festivals, Bard SummerScape, and the Bard Music Festival, both of which bring many tourists to the town. At the time of this LWRP update preparation, Bard was preparing a master plan to integrate its campuses and utilize new facilities at Montgomery Place, including a 19th-century mansion, coach house, greenhouse, farm, gardens, walking trails, and outbuildings — all in a manner consistent with its stated commitments to historic preservation, public access, and the environment.

Also located within the town’s coastal area is the Unification Theological Seminary (UTS). Established by the Reverend Sun Myung Moon in 1974-75, UTS consists of a 250 acre campus on the Hudson at the southernmost extent of South Tivoli Bay. The Seminary includes the historic Massena House, built in 1885. The main building used by the Seminary was constructed by the Christian Brothers in 1929-30 as the St. Joseph’s Normal Institute. The main building houses classrooms, offices, a library, an auditorium, lecture hall, dining

VERSION 1B II-9 SEPTEMBER 10, 2020 hall, five dormitories and other sleeping accommodations, a gymnasium, and a chapel. In 2019, the Unification Church moved its main campus from Barrytown to New York City, designating the Barrytown Campus as an “instructional site.” It was for sale at the time of preparation of this LWRP update document.

8. Recreation

The only parcels in the Waterfront Revitalization Area of the town that are listed by Dutchess County as “recreation” are the Edgewood Country Club north of Tivoli, the Red Hook Boat Club in Barrytown and a bowling alley/mini golf business on the east side of State Route 9G. The country club and the boat club are private. The bowling alley is closed and the property for sale at the writing of this document. Other properties with trails, boat launches and other recreational facilities are listed in Section II F Recreation and Open Space.

9. Water-Related Uses

At this time, the primary publicly available locations for water-related uses are the state owned areas within the Tivoli Bays Wildlife Management Area and Research Reserve. The DEC has constructed a small landing for the hand-launching of boats, used primarily for research, education and non-consumptive nature recreation, but also for fishing and duck hunting. It has a small adjacent parking area and is accessed from Kidd Lane. A second site that provides public access to Tivoli North Bay is at the end of Cruger Island Road; however, this site is a poor boat launching location as there is a lack of water near shore at low tide. DEC plans to make improvements at this site to make it a more suitable “Marsh Viewing Site.” At low tide, boaters can go under railroad bridges to get to the river. While most of these smaller, hand-launched boats are not suitable for extended river stays, some canoes are used for river travel.

There are several water-related use sites that are privately held. The Red Hook Boat Club in Barrytown has facilities for docking, launching and on-land storage of boats, primarily for recreational use by members. The owners of Rokeby often give members of the Hudson River Ice Yacht Club permission to access the river with their ice boats during winters when

VERSION 1B II-10 SEPTEMBER 10, 2020 the ice is suitable; however, the estate is private, and any other through-access is not permitted.

Recreational fishermen, with or without specific permission, fish off the shores of the Saw Kill and other streams at a variety of locations and enter the areas primarily across private property. Moreover, fishermen and duck hunters utilize many cove areas under similar conditions. The Tivoli Bays Wildlife Management Area and Research Reserve site is available to fishermen and duck hunters who have acquired the appropriate state fishing and hunting licenses and who comply with state area use regulations without specific permission; however, off-road vehicles may not be used except on designated roads. An old grade crossing exists on Cruger Island Road, however, since the railroad bed has been raised significantly above the level of the road, the crossing is now non-functioning. The presence of endangered species nesting sites has limited the use of Cruger Island to the winter months. The Tivoli Bays area is also a popular destination for hiking, bird watching, kayaking and swimming in the Hudson.

Property owners of landing sites included in the inventory subsection on Coastal Access Points may launch or dock boats at those locations for private recreational use, but these activities are generally limited by the need to cross the railroad tracks at grade level, except in Barrytown where the Barrytown Bridge gives access to land west of the railroad tracks. The privately owned bridges at Steen Valatie and Rokeby are for the sole use of the property owners and are in disrepair, as is the non-functional grade crossing at Sycamore Point in Tivoli. Currently, the best direct access to the Hudson River in the Town of Red Hook is the pedestrian access at the west end of Broadway in the Village of Tivoli, although Amtrak’s plan to erect fencing at the rail crossing there will severely limit this ability.

10.Water-Enhanced Uses

All properties not dependent on the water but located adjacent to and with views of the Hudson River or any of its tributaries can be considered water-enhanced uses. The largest percentage of land adjacent to the river remains in estate properties. Most of the estates are currently in private residential use; however, some are in educational use such as Bard College and the Unification Theological Seminary. The Seminary has two major trails that are publicly accessible as well as scenic views of the river and the Catskill Mountains.

VERSION 1B II-11 SEPTEMBER 10, 2020 Montgomery Place, acquired by Bard College in 2016, has extensive grounds, gardens, trails, and river views and is open to the public during daylight hours.

11.Analysis of Existing Land Use a. Preservation of the rural/low density qualities of the town. Preservation of agriculture within the Waterfront Revitalization Area is important from an economic perspective, as a means of protecting open space and as a scenic resource. In order to ensure the continuation of this major element of the town's economy and to preserve the rural character of the town, it is important to have viable agricultural activities continue for their environmental, economic, and food security benefits. Several Red Hook farm owners have joined or renewed participation in the State Agricultural Districts program, signing up for a multi-year commitment to agricultural activities. When land values increase, taxes on agricultural land rise, and pressure for residential and/or commercial development increases.

While the town has established new ways to encourage agriculture, outside forces can always have the potential to make it more difficult to keep land in agricultural use. Rollback penalties, which are part of the Agricultural District program, may serve as a deterrent but not as a bar to development. In the recent past, some newer agricultural activities in the Waterfront Revitalization Area, such as those discussed above and in Section II E below (Zoning), add to the viability of agriculture in the town and need to be encouraged.

The rural/low density appearance and qualities of the town have the potential to be threatened by proposals for large-scale development on estates and large parcels of land, which would be contrary to the town’s Comprehensive Plan. Since the early 1990’s, Red Hook has been continually improving its land use controls to create innovative ways to manage those lands to ensure that the vision of a rural and agricultural community surrounding its villages and hamlets, as expressed in its Comprehensive Plan, is realized.

The creation of the Tivoli Bays Wildlife Management Area and Research Reserve and the inclusion of this site within the Hudson River National Estuarine Sanctuary and Research Reserve means that a significant portion of the land in the Waterfront Revitalization Area

VERSION 1B II-12 SEPTEMBER 10, 2020 will be preserved in its natural state. However, much of this area is currently not visible from public roads.

While there has historically been a significant difference between the level of development within the hamlets and villages and development in the remainder of the unincorporated Waterfront Revitalization Area, the distinction between the more rural and town/hamlet areas may become more difficult to maintain.

Increased pressure over time for residential and commercial development in the town will make it necessary to take additional deliberate steps to maintain the rural open appearance of the town and to continue the concentration of more intense uses in or near the villages and hamlets. The town should continue to monitor development pressures within the Waterfront Revitalization Area and consider adjustments to its land use controls if warranted.

b. Water-Related and Water-Enhanced Uses. At this time, publicly-available water-related uses are limited, particularly for boat docking and launching and for ice boating (see also discussion under Coastal Access Points). In reviewing future proposals for the development of coastal properties and/or landing sites by public or private interests, the town should consider possibilities for creating both water-enhanced and water-related uses. At the same time, it is important that existing water uses, especially those with public access, be retained and enhanced. Facilities for the launching of non-power boats directly into the river rather than into the Tivoli Bays would be particularly beneficial.

Tivoli Bays on Red Hook’s Waterfront

VERSION 1B II-13 SEPTEMBER 10, 2020 C. Physical Features

1. Geology, Topography and Soils

edrock in the coastal portion of the town is Austin Glen graywacke and shale. The Austin Glen formation consists of coarse, dark gray sandstone or fine-grained conglomerate composed of firmly-cemented, rounded fragments. The prominent Bcliffs that rise at Astor Point are mostly sandstone. Elevations in the coastal area of the town generally range from mean tide level to 200 feet above mean tide level, with much of the area at elevations between 50 and 150 feet.

Most of the coastal area of the town consists of soils with a high or “perched” water table because the clay component is impermeable and the water sits on top of it. This necessitates limitations on allowable development densities without the provision of central sewer and water. Soil materials are comprised of glacial deposits including till, lake clay and terrace sand as well as recent deposits of alluvium, tidal marsh sediments and fill. Moreover, the Hudson clay and sand soils tend to intermix near the river forming sloping bluffs which are highly erodible and often subject to slumping and sliding. Fill has been used to form the railroad bed.

The bulk of the Waterfront Revitalization Area is composed of glacial lacustrine deposits (Hudson-Vergennes, etc. soils), generally less than 50 feet thick but occasionally reaching 150 feet in depth. These deposits are stratified sediments consisting primarily of silt and clay that were deposited in glacial lakes. The permeability of the lacustrine deposits is low, and water yields from these deposits are also low. In these areas, water supplies must be obtained from deep wells into underlying bedrock. A very small portion of the coastal area near the hamlet of Annandale contains thick sand and gravel outwash deposits which could yield more water than lacustrine deposits.

There are prime and statewide significant soils in the WRA as shown on Map 5, and their proximity to the river helps to moderate spikes of unseasonably low or high air temperatures. As a result, these soils are especially suitable for orchards and various other types of agriculture.

VERSION 1B II-14 SEPTEMBER 10, 2020 2. The River

The Hudson River is a 315 mile river that flows from the Adirondack Mountains in the northern part of the State to New York City. Below Troy, the Hudson is a large tidal river (estuary) which is navigable at sea level, and its flow reverses with each phase of the tides. Tidal freshwater is available in the Red Hook area. The river, in fact, serves as the water source for several neighboring communities, but it is currently not used as a water source in Red Hook.

The western boundary of the town is the mid-line of the Hudson River. The Hudson provides a wide variety of opportunities for residents and visitors. It is a unique and essential open space as well as a scenic area that is a major visual focus within the westernmost Waterfront Revitalization Area and the hamlet of Barrytown. The scenic attributes of the river are further discussed in the sections on Historic and Scenic Features and also Scenic Roads and Scenic Vistas. The river’s presence is both overpowering and calming, and the benefits to residents of the town are manifold, although sometimes difficult to appreciate, primarily because in most locations in Red Hook it is not possible to gain views of and/or access to the river. The Hudson provides a travel way for long and short distance commercial and recreational boating and fishing. At this time, the primary boat docking site in Red Hook is a private boat club in Barrytown, but future public acquisition or use of a landing area in Barrytown or safer access to the Tivoli shoreline could increase opportunities for recreational boating, fishing activity as well as excursion boat tourism in the town.

The Hudson also provides a deep water estuary habitat system unique in the northeastern United States. It serves as a habitat area for the Atlantic sturgeon and the shortnose sturgeon (E, henceforward to identify an Endangered species) and as a spawning, nursery and feeding area for alewives, herring, the American shad, and both striped and largemouth bass. Two deep water areas within the town portion of the river have been categorized as significant habitat areas by the New York Department of Environmental Conservation. (See Appendix X- Significant Coastal Fish and Wildlife Habitats.)

Collectively, the habitats within the WRA support an incredible variety of species. Map 4 shows the areas identified as important habitats within the WRA. For example, according to the New York State Breeding Bird Atlas (2000-2005), the area that includes the central portion of the study area (including Cruger Island) supports 93 species of breeding birds -

VERSION 1B II-15 SEPTEMBER 10, 2020 and additional species use the area Species of Greatest Conservation Need Species and State Priority NYS Status during migration. In three breeding American black duck. HP bird blocks that cover the entire study Bobolink. HP area, 18 of these bird species are Brown thrasher. HP Eastern meadowlark. HP listed by New York State as Species of King rail. HP Threatened Greatest Conservation Need (SGCN)1. American bittern Special Concern Of these, five are listed as “high Bald eagle Threatened Black-billed cuckoo priority” SGCN, defined in the NYS Blue-winged warbler Wildlife Action Plan as “species Cerulean warbler Special Concern experiencing a population decline, or Least bittern Threatened Louisiana waterthrush have identified threats that may put Peregrine falcon Endangered them in jeopardy, and are in need of Prairie warbler timely management intervention or Scarlet tanager Wood thrush they are likely to reach critical Worm-eating warbler population levels in New York.” The Northern harrier Threatened SGCN listing includes, but is not Osprey Special Concern Sharp-shinned hawk Special Concern limited to, the state’s endangered, Cooper’s hawk Special Concern threatened, and special concern (HP = High priority) species. The table lists bird Species of Greatest Conservation Need noted by the Breeding Bird Atlas in this study area.

3. Islands

Two sizable islands and some smaller islands are found offshore in Red Hook. The major island, Cruger Island, contains some 32 acres (or more if you include the marsh areas discussed below) plus the smaller South Cruger Island (2.2 acres), both publicly held by the DEC. Cruger Island is included within the Tivoli Bays Wildlife Management Area and Research Reserve, a component of the Hudson River National Estuarine Research Reserve. It is undeveloped and is used primarily for recreational and educational purposes by hunters, fishermen, birdwatchers, boaters, hikers, picnickers and researchers.

1 Species of Greatest Conservation Need is defined by DEC in the State’s 2015 Wildlife Action Plan as “species that are experiencing some level of population decline, have identified threats that may put them in jeopardy, and need conservation actions to maintain stable population levels or sustain recovery.”

VERSION 1B II-16 SEPTEMBER 10, 2020 Cruger Island is valuable ecologically. It contains intertidal marshes, tidal swamp areas and deciduous forest areas and is an outstanding bird and wildlife habitat. The island is known for warbler migrations and as a breeding area for Species of Greatest Conservation Need.

The island has been connected to the mainland by a causeway since the early 1800's. A road crossing the railroad tracks can be traversed on foot but only at low tide. The DEC discourages people from walking out to this sensitive and fragile island for safety as well as ecological and archaeological resources protection.

Magdalen Island is an island of more than eight acres adjacent to the North Bay. It is also part of the Tivoli Bays Wildlife Management Area and Research Reserve. It contains deciduous woods and wildflower populations.

The smaller islands include: Goose Island, a small, thickly vegetated, privately owned and unused island southwest of Barrytown; Chandler Island, a small privately-owned island south of Astor Point, used by the Coast Guard as a site for a permanent navigation beacon; and Skillpot Island, a rock outcropping near Montgomery Place, owned by Bard College.

4. Freshwater Wetlands Affected by Tides

The habitats provided by the tidal freshwater wetlands are among the town's most significant scenic and biological resources. The wetlands are found in the natural and railroad-created coves of the town, supporting extensive and varied vegetation and animal life as shown on Map 3.

In his 1978 report Hudson River East Bank Natural Areas, Clermont to Norrie, Erik Kiviat lists the following cove areas from north to south within the town: Tivoli North Bay, Cruger Island South Marsh, Tivoli South Bay, Mudder Kill Mouth, Rokeby Cove and Steen Valatje (known in

VERSION 1B II-17 SEPTEMBER 10, 2020 1978 as Mandara and later as Atalanta) North Cove. Of these, the Tivoli Bays Coves and Cruger Island South Marsh area are cited in Kiviat’s study as the most ecologically significant freshwater wetland areas in the town.

The Tivoli Bays area is widely recognized for its biological diversity and as a research and educational area. It has been designated as a Significant Natural Area by the Dutchess County Environmental Management Council and as a Significant Habitat Area by the DEC (see Inventory section on Significant Habitats). At one time, it was under consideration by the U.S. National Park Service as a potential National Natural Landmark.

The 1982 designation of the Tivoli Bays area as one of four Hudson River National Estuarine Sanctuary and Research Reserve areas by the Federal Office of Coastal Resource Management, Division of Marine and Estuarine Management in the U.S. Department of Commerce, underscores the significance of this high quality wetland area. The State of New York currently owns 751 upland acres, with an additional 728 acres in publicly owned underwater lands and a 53 acre easement. The DEC is responsible for management of the Bays. (See Inventory section on Significant Habitat areas for further description of the Tivoli Bays wetlands.)

Development within the estuarine area will be minimal, in keeping with the preservation, research and education purposes of the Research Reserve. Two boat launches with nearby parking areas have been constructed, and a 1,000 foot walking trail has been developed. There are plans for trail upgrades to facilitate connection with the proposed Empire State Trail linking Buffalo and the Adirondacks to New York City. DEC contributed funds to renovate the Bard College Field Station on South Bay for shared use as the research center for the Reserve. These renovations were completed in 1986.

The wooded swamp at the mouth of the Mudder Kill needs protection from changes in its watershed area, which includes the Kill itself and also Snyder Swamp in Rhinebeck. Rokeby Cove and Steen Valatje North Cove are tidelands, chiefly of local interest.

5. Freshwater Buffer

Extending east along the river, wooded areas with steep slopes form a framework around the freshwater wetlands. This area, called the freshwater buffer, is randomly cut with streams

VERSION 1B II-18 SEPTEMBER 10, 2020 and drainageways. Much of this area is underlain with clay or sand soils that are subject to slumping and sliding if vegetation is removed. This vegetation also slows runoff, protects the downslope wetlands and streams and their water quality, and provides habitat for wildlife. There are also some portions of the buffer areas that are highlighted with cliffs and promontories such as those found at Astor Point. Forested areas will be further discussed in paragraph 8 below.

6. Freshwater Wetlands/Standing Water Areas

Many wetlands, large and small, exist throughout the WRA, including emergent marsh, forested wetlands, shrub wetlands, ponds, and woodland pools shown on Map 3. Some of these are isolated, while others are associated with small streams. Many species of conservation concern depend on these wetland habitats during various life cycle stages. These wetlands are valuable for habitat, nutrient cycling, water quality protection, flood mitigation, education and recreation potential, and scenic views. Annandale millpond was identified in Kiviat's 1978 report as a freshwater wetland of special value. The pond, some four acres in size, was formed by damming a portion of the Saw Kill on and off for the past 250 years.

7. Streams

Three primary streams, the Stony Creek (also known as the White Clay Kill), the Saw Kill and the Mudder Kill flow across the WRA and into the Hudson River. Stony Creek, which flows into the Tivoli North Bay, is rich in fish species, and is classified by DEC as a class A(T) stream, suitable as a drinking water source and as trout habitat. It is subject to the State’s Protection of Waters Program. The main stream channel is just over 14 miles long, with many small tributaries, draining an area of 22.5 square miles. About 50 percent of this watershed is forested; it contains a variety of habitats and numerous small wetlands. The stream receives treated wastewater from the Tivoli Wastewater treatment plant and sometimes is nearly dry in the summer. In the past, the Village of Tivoli made periodic withdrawals from Stony Creek to supplement its public drinking water supply, but now the Village relies exclusively on

VERSION 1B II-19 SEPTEMBER 10, 2020 groundwater wells for its system. The Saw Kill and Stony Creek both provide vital runs for migratory fish.

Only a small portion of the Saw Kill’s 26 square mile watershed lies within the WRA west of Route 9G. The Bard Water Lab and Saw Kill Watershed Community monitor 14 sites along the stream for water quality parameters including conductivity, harmful bacteria, turbidity and nutrients. Several of these monitoring sites are within the WRA. The Saw Kill is rich in fish species. The main stream, along with over 20 small tributaries and a watershed that contains numerous wetlands, provides habitat for a variety of birds including ducks, mammals, amphibians and reptiles, native brook trout, and American eel. It is valuable as a historic, scenic, recreational resource, and as an educational resource for local schools and Bard College.

The Saw Kill is classified by DEC as a Class B(T) stream (trout habitat), which indicates “best use” for "primary contact recreation and any other uses except as an untreated water supply for drinking, culinary or food processing purposes.” As a Class B(T) stream, the Saw Kill is another stream in the town subject to the State’s Protection of Waters Program. The Saw Kill is a source of drinking water for Bard College, and the lower section of the stream has been used for fishing and swimming. The Saw Kill receives treated wastewater from the Bard campus and, via tributaries, from the Village of Red Hook.

The Mudder Kill, which rises in Snyder Swamp in Rhinebeck, is a small perennial stream about four miles long that drains a small watershed of less than three (3) square miles. Its watershed is over 70 percent forested and contains numerous small wetlands. It is classified by the DEC as a "C" stream, which means its best use is for fisheries and non-contact activities. The Dutchess County Environmental Management Council identified the Mudder Kill, together with Snyder Swamp and Ferncliff Forest located in Rhinebeck, as significant natural areas. This Kill was included in Kiviat's 1978 report and was the subject of a 1982 Kiviat study, The Mudder Kill and Snyder Swamp.

8. Forested Areas

Many stands of mature hardwood trees are dispersed throughout the town. Forest resources are shown on Map 3. Among the most significant of the forested areas are the North and

VERSION 1B II-20 SEPTEMBER 10, 2020 South Woods in the vicinity of South Tivoli Bay, although a stand of valuable hemlocks noted in the previous LWRP has been substantially reduced by disease. These forests, portions of which have not been substantially logged since the 1700's, may receive some protection from their proximity to the Tivoli Bays State Wildlife Management Area and Research Reserve.

The Bard/Montgomery Place North and South Woods, which comprise about 100 acres and lie generally within the estate borders, contain important "old growth" forest and habitats for a variety of animal species. The Dutchess County Environmental Management Council identified these forested areas, together with the Tivoli Bays Wildlife Management Area and Research Reserve, as a Significant Natural Area and has recognized it as the oldest forestland in Dutchess County.

Poets Walk, a 120 acre park owned and managed by Scenic Hudson, includes some forested areas along with open grassland habitat and is a regionally valuable scenic resource with vistas of the Hudson River and Catskill Mountains beyond.

9. Significant Coastal Fish and Wildlife Habitats2

North and South Tivoli Bays. North and South Tivoli Bays encompass approximately 1,850 acres on the eastern shore of the Hudson River, one half mile south of the Village of Tivoli. The habitat area includes submerged aquatic vegetation beds, mainly water celery, tidal freshwater marsh, fresh-tidal swamp, shallows, two streams (Saw Kill and Stony Creek), and adjacent uplands dominated by hardwood forest, mixed forest and fallow fields.

The fish and wildlife habitat also includes Cruger and Magdalen Islands. Most of the upland area is a State Wildlife Management Area owned by the DEC; the wetland and riverine areas are also under the jurisdiction of the DEC.

The North and South Tivoli Bays habitat area is ecologically unique. It is the largest freshwater tidal influenced bay and wetland complex surrounded by undeveloped land on the Hudson River. A tremendous variety of fish and wildlife are found in the area, including a

2 See Appendix 1 for complete Significant Coastal Fish and Wildlife reports, prepared by DEC and last updated in 2012, containing maps, species names, knowledgeable contacts for each area and other data. Key to wildlife species NYS status: SC – Special Concern, T - Threatened), E – Endangered) SGCN- Species of Greatest Conservation Need (identified in the State’s Wildlife Action Plan (2015). For plants, the status designations are: Endangered-E, Threatened-T, Rare-R, and Exploitably Vulnerable.

VERSION 1B II-21 SEPTEMBER 10, 2020 large number of relatively uncommon species. Tivoli Bays has been designated as one of four sites comprising the Hudson River National Estuarine Research Reserve.

The Tivoli Bays are an important feeding, spawning and nursery area to a variety of fish species in the Hudson River. Thousands of American eels use the bays and associated creeks. Several important coastal migratory fish species such as blueback herring, striped bass, and alewife use the bays and the mouths of Stony Creek and the Saw Kill for spawning and feeding. Common freshwater species using the bays include largemouth bass, smallmouth bass, white sucker, white perch, and various minnows. Species that appear to be regionally rare that have been found in the bays include American brook lamprey, central mud minnow, northern hogsucker and bridle shiner. Juvenile and adult shortnose sturgeon (E) may feed in the tidal channels and river shallows. The submerged aquatic vegetation provides food for fish, invertebrates and waterfowl as well as refuge for a variety of fish and invertebrates.

The shores of Tivoli Bays are habitat for the map turtle. This area also contains habitat for painted turtle, spotted turtle(SC), wood turtle (SC), water snake, garter snake, black racer, milk snake, spotted salamander, blue-spotted salamander (SC), red-spotted newt, redback salamander, Northern dusky salamander, mudpuppy, American toad, gray treefrog, spring peeper, bullfrog, green frog, wood frog, pickerel frog and Northern leopard frog. An extremely large population of common snapping turtles exists in North Tivoli Bay.

Tivoli Bay supports breeding bird populations of least bittern (T), American bittern (SC),, Virginia rail, marsh wren, and in some years, sora rail, common moorhen, and occasionally king rail (T). Many species of waterfowl use the area during the spring and fall migration periods for resting and feeding, including both dabbling ducks in the marshes, and diving ducks in the river shallows. Osprey (SC) are regularly seen here during migration. Bald eagle (T) nests have been reported (2005) and northern harriers (T) forage here during migration. Concentrations of post breeding swallows also use this area. Muskrat, beaver and bats are present in both North and South Tivoli Bays. Refer to the previous table of birds that breed in the area and are NYS Species of Greatest Conservation Need (SGCN). There are nine species of bats found in NY State; eight of them are SGCN species (two are also State Threatened, and two are State Special Concern).

VERSION 1B II-22 SEPTEMBER 10, 2020 Several rare plant species occur in the Tivoli Bays wetland complex. These include the heartleaf plantain (T), golden club (T), blunt spikerush (E), smooth bur-marigold (T), Southern estuary beggar-ticks (R), swamp lousewort (T), winged monkey flower (R), Fissidens moss (R), and Taxiphyllum moss (R). The invasive plant species common reed, purple loosestrife and water chestnut also occur in this habitat.

Waterfowl hunting and some muskrat trapping have been traditional outdoor recreational activities at Tivoli Bays for years. Anglers and birdwatchers from throughout the Hudson Valley region and beyond visit this area. In addition, scientific research conducted on estuarine ecology at Tivoli Bays is of statewide significance. Ongoing ecological research at Tivoli Bays has attracted scientists and students from throughout the country, and its designation as part of the Hudson River National Estuarine Research Reserve will continue to focus research and education activities in the Hudson Valley on this area.

Esopus Estuary. The Esopus Estuary is located east of the Village of Saugerties in the Town of Saugerties, Ulster County and in the Town of Red Hook. Esopus Estuary is an approximate 970 acre area that includes: the lower portion of Esopus Creek (up to the head of the tide), freshwater tidal wetlands, submerged aquatic vegetation beds, tidal swamp forest, mudflats, shallows and littoral zone areas, and a deepwater section of the Hudson River. The submerged aquatic vegetation beds are dominated by water celery. Intertidal habitat within the Esopus Estuary area also supports listed plant species spongy arrowhead (T) and heartleaf plantain (T). Habitat disturbances include encroachment due to developments which include residences, marinas, and industries.

The Esopus Creek, from its mouth to the first impassable barrier (1.3 miles) and shallow littoral areas in the Hudson River serves as a spawning ground, nursery area, and feeding area for many coastal migratory and resident freshwater fish species including striped bass, white perch, American shad, alewife, blueback herring, rainbow smelt, largemouth bass, smallmouth bass and American eel. The adjoining deepwater area of the Hudson serves as post-spawning and wintering habitat for shortnose sturgeon (E). Both Atlantic (C-Federal) and shortnose sturgeon (E) are found in the waters north and south of the Esopus Creek mouth. The tidal portion of Esopus Creek is a wintering site for both largemouth and smallmouth bass.

VERSION 1B II-23 SEPTEMBER 10, 2020 The submerged aquatic vegetation beds are comprised mainly of water celery, which provides food for waterfowl, fishes and invertebrates as well as refuge for fish and invertebrates. Common map turtles are also found along the banks of this habitat. Tidal marshes and shallows in the estuary provide resting and feeding areas for migrating waterfowl, including American black duck and mallard. Open water areas at the mouths of major tributary streams are important feeding areas for osprey during migration. Osprey (SC) congregate at the mouth of the Esopus Creek during spring migration from mid-April through May, where the shallows offer prime foraging conditions. American bittern (SC) and least bittern (T) use the marsh habitat for nesting. Bald eagle (T) and northern harrier (T) have been observed in the habitat area, however additional information on the importance of the ecosystem to these species is needed prior to inclusion in the Species Vulnerability ranking.

The Esopus Estuary provides habitat for spring peeper, green frog, gray treefrog and woodfrog. Muskrat, beaver and bats utilize this habitat area. Esopus Creek is a popular year- round fishing destination. Several bass (smallmouth and largemouth) fishing tournaments are held here each summer with participation from residents throughout the Hudson Valley. There is an important striped bass recreational fishery. In addition to providing fishing opportunities, the Esopus Estuary offers significant waterfowl hunting opportunities for residents throughout the southern half of the Hudson Valley region. This area is frequently used by kayakers, canoeists and birdwatchers visit this area.

The Flats. The Flats is located in the middle of the Hudson River, roughly between Astor Point in the Town of Red Hook in Dutchess County and the City of Kingston in Ulster County. The Flats is an approximately 1,400 acre area including 580 acres of contiguous shallow, freshwater, tidal flats and 820 acres of undisturbed deepwater channel habitat. The fish and wildlife habitat includes an approximate four and one-half mile long shallow underwater shoal (less than 10 feet deep at mean low water) that includes freshwater intertidal mud flats, and submerged aquatic vegetation beds. The extensive submerged aquatic vegetation beds are predominantly water celery. The habitat also includes a moderately deep natural undisturbed channel to the east of the Flats. The Flats is bordered to the west by the Hudson River navigation channel, a potential source of habitat disturbance from periodic maintenance dredging. The Flats is one of the largest contiguous areas of shallow, freshwater, tidal flats in the Hudson River. Areas such as this are extremely valuable fish and wildlife habitats, and are not found in other coastal regions of New York State.

VERSION 1B II-24 SEPTEMBER 10, 2020 The Flats is a primary Hudson River spawning grounds for American shad between mid- March and June. Adult shad concentrate between Kingston and Coxsackie, and spawning occurs primarily on the extensive flats, shoals and sandbars that occur mid-river as well as the shallow areas near the mouths of tributary creeks. These fish may move into adjacent deeper areas depending on tidal currents. Reproduction by American shad in The Flats area once supported one of the largest commercial gillnet fisheries for this species on the Atlantic Coast. However, drastic declines in shad stock have led to the closure of commercial and recreational shad fishing. Currently, the Flats is an important area because it provides spawning habitat for the recovering American shad stock.

The Flats serves as spawning, nursery, and feeding habitat for striped bass, white perch, and various other resident freshwater species. Concentrations of the early developmental stages of several migratory species occur in this area. Shortnose sturgeon (E) may use the area to feed (especially during slack water in late spring and summer), to rest during river-wide movements, or to maintain body temperature when water temperatures are warmer than in adjacent deeper waters (i.e., in early spring and fall). High concentrations of shortnose sturgeon (E) occur in channels adjoining the Flats, particularly on the east side. Atlantic sturgeon (E) utilize the adjacent deepwater habitats.

Significant concentrations of waterfowl occur in the Flats area. Dense growths of wild celery provide valuable feeding areas for many species of ducks, and are especially important during spring (March-April) and fall (mid-September to early December) migrations when concentrations of diving ducks such as scaups, common goldeneye and mergansers are regularly found in The Flats. During calm weather, this open river area is used by dabbling ducks including mallard, American black duck, and blue-winged teal. The abundant fisheries and waterfowl resources in this area provide excellent outdoor recreational opportunities, attracting anglers and hunters through the region.

Other significant habitats are found in the WRA, although they are not listed formally as Coastal Significant Habitats. Collectively they support a variety of common and rare plant and animal species.

VERSION 1B II-25 SEPTEMBER 10, 2020 10.Flood and Erosion Hazard Areas

The flood hazard areas for 100 year floods in the coastal area of the town, as defined in the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency and last updated in 2012, include all the freshwater-tidal cove areas along the Hudson referred to in the above subsection on freshwater tidal coves. Floodplains and the floodway are shown on Map 3. The major portion of Cruger Island (with only a few higher portions on the island listed out of the 100 year flood zone) and most of Magdalen Island (with only two small areas at the center of the island considered at minimal flooding risk) are also included. The areas along several creeks shown in the flood hazard zone include: a) areas surrounding Stony Creek in the northern part of the town; b) areas adjacent to the Saw Kill which empties into Tivoli South Bay; and c) areas adjacent to a Saw Kill tributary lying parallel to Route 9G and east of Bard College.

Stream bank erosion from tidal action or navigation on the Hudson is not considered a serious problem in Red Hook at this time. However, tides, boat wakes and other water movements are contributing to deteriorating bulkheads at both Barrytown and Tivoli. The railroad has elevated the tracks along the river and maintains its roadbed, which has lessened some tidal erosion impacts inland. Nevertheless, the sloping to steep mixture of clay and sandy soils along the river bank risks slides or slumping. Vegetation anchoring these slopes needs to be protected to prevent erosion and sedimentation.

11.Air Quality

Air quality in the Waterfront Revitalization Area has been classified as Level II as defined by 6 NYCRR Part 272.3, which is used for areas of "predominantly single and two-family residences, small farms and limited commercial services and industrial development." Although current monitoring stations are in Poughkeepsie, all results indicate that the air quality of the Waterfront Revitalization Area conforms to all applicable standards.

VERSION 1B II-26 SEPTEMBER 10, 2020 12.Analysis of Physical Features

a. Benefits. The physical features and natural resources of the Waterfront Revitalization Area rank among the most treasured in the state and in the nation and are among the town’s most valuable assets. They are essential to the physical and economic health of residents.

b. Health and Welfare. The river, the shoreline coves and streams, together with the vast array of plants and animals in the WRA, provide a variety of outdoor recreational opportunities for town residents, with numerous health and quality of life benefits. The breathtaking scenic vistas that draw people of all abilities to the coastal area are a direct result of the WRA’s unique collection of vegetation, wildlife, and landforms. Collectively, the small wetlands and streams throughout the area mitigate flooding, store water, improve water quality, and replenish groundwater. While no communities in the town currently extract drinking water directly from the river, Bard College draws drinking water from the Saw Kill Creek, a river tributary. The Unification Theological Seminary and most residences in the WRA depend on private groundwater wells for drinking water. These wells have so far provided safe and adequate potable water supplies.

c. Economy. Since the previous LWRP document was adopted in 1995, the region has lost many of the large companies that, in the past, employed local residents. Instead, residents have relied more on the growth of small businesses including farms, many of which are tied intrinsically to the physical features in the Waterfront Revitalization Area. The success of farms and farm markets has grown in the last two decades, extending to newer farm-to-table enterprises, local ingredient restaurants and other ventures. Equally important, tourists have come to the Waterfront Revitalization Area since the early 1800s, drawn by its beauty and recreational pursuits. Today, tourism is one of the major economic drivers for the town with far-reaching impacts on local businesses. Some of these tourists eventually decide to relocate to the town and work from home, supporting the community and providing a firm tax base.

d. Research and Education. The large variety of rare and endangered species and their habitats in the WRA provide unparalleled research opportunities. As habitats in other areas are degraded and as the climate changes, life in and along the town’s streams,

VERSION 1B II-27 SEPTEMBER 10, 2020 coves and riverbanks will take on increasing importance for studying those changes and predicting the future. Additionally, Bard College has increased its degree opportunities in all fields of science since the 1995 LWRP, and the ability for students and professors to work directly with such important natural resources is beneficial for both the researchers and for the habitats they study.

e. Protection Against Sea-level Rise. The tidal wetlands and coves along the shoreline provide natural places for excess water to flow in the event of predicted sea-level rise (see Section II J).

f. Protection of Water Quality. First and foremost, it is clear that the ongoing health of most of the town’s natural resources in the Waterfront Revitalization Area hinges on preserving and protecting the quality of its ground and surface waters, its streams and its shoreline coves and river waters. Without prioritizing the quality of these waters, the ecosystems described above will suffer, and the benefits derived from them will shrink or disappear.

(1) Pollution from sewage treatment plants and residential septic systems in the WRA should be monitored carefully and overseen by the town. The Bard College treatment plant currently undergoes daily checks. The Unification Theological Seminary treatment plant, which discharges into South Tivoli Bay, is also monitored, but the system is old, and when that property is sold, the town should insist on a thorough evaluation and updating. Discharge from the proposed Red Hook Village treatment plant will be monitored carefully, but the town should ask for periodic reports from this and the other two treatment plants. Residential septic systems in the Waterfront Revitalization Area should be evaluated and updated as properties change hands.

(2) Bard Water Lab and the Saw Kill Watershed Community monitor 14 water sampling sites along the Saw Kill. Every month samples are analyzed for a variety of water quality parameters including bacteria, nutrients (nitrogen and phosphorus), turbidity, and conductivity. Data are available through the Bard Water Lab website.

(3) Runoff from road salt, herbicides, pesticides and fertilizers should be minimized as much as possible. Conversations with the Town Highway Department, the

VERSION 1B II-28 SEPTEMBER 10, 2020 State DOT and the Dutchess County Department of Public Works should focus on finding viable road maintenance practices, including winter salting, with the least use of environmentally harmful chemicals. Town residents, especially those in the WRA, should be encouraged to consider non-chemical alternatives to lawn care. Application of harmful chemicals should be restricted in sensitive areas.

(4) The fragile shoreline ecosystems and especially the Tivoli North and South Bay cove areas may be particularly threatened by current railroad maintenance practices. These include:

(a) Spraying the railroad bed and surrounding area with herbicides to limit the growth of vegetation near the tracks. These chemicals may kill plant life in the cove wetland areas and threaten fish, animals and bird life and their habitats.

(b) Scattering old railroad ties permeated with creosote or other wood preservatives along the shoreline. These ties can add hazardous chemicals to the water and can also block water from freely passing underneath railroad bridges, thus interfering with tidal flow and affecting plant, fish and wildlife in the cove areas.

(c) Pushing unwanted vegetation from near the tracks into the coves, a practice which may contribute herbicides and result in oxygen depletion and algae blooms due to unhealthy nitrogen levels in the water. The town should continue to confer with Amtrak management to make sure that old railroad ties are completely removed from the area, that alternatives to dangerous herbicides are found and used and that unwanted vegetation is disposed of in a way that does not negatively impact the WRA.

(5) Any harmful practices along streams will affect the coves and ultimately the river. The Saw Kill Watershed Community (SKWC), a group that includes Bard College faculty and students and Red Hook community members, has been monitoring the Saw Kill and its tributaries monthly at fourteen sites throughout the town. In February 2019, the SKWC issued a report that assessed current conditions and outlined recommendations for maintaining, protecting and

VERSION 1B II-29 SEPTEMBER 10, 2020 improving water quality throughout the watershed area. The town should consider recommendations it deems feasible at this time. The town should also consider working with the SKWC to expand monitoring the town’s two other major streams, the Mudder Kill and the Stony Kill.

(6) According to the Dutchess County Environment Management Council (EMC), the only potentially hazardous waste site located in the coastal area is the old, and now closed, Bard College landfill, currently the site of a transfer station directing waste and recyclables to other locations. The former town landfill, located just north of Rokeby Road and east of Route 9G, at the edge of the Waterfront Revitalization Area boundary, is now used as a sand and salt storage area by the state DOT and should be monitored by the State. The college should be encouraged to continue to check for possible leachate from the Bard landfill into the Saw Kill watershed.

g. Protection of Hudson River. As part of the Harbor Management Plan that is a component of this document, the town should work with NYS DEC and other agencies to prohibit and prevent discharge from boats traveling on the river. Likewise, any harmful or potentially harmful discharge into the river from onshore should be prohibited. Efforts to prevent new invasive species and to control existing ones should be encouraged. Views of the river and the shorelines are a vital part of what brings tourists to the town and brings residents to the river’s edge for recreation and well- being. New development should continue to be allowed in or along the river subject to the Town’s Design Standards and all other land use controls standards applicable in the Waterfront Revitalization Area. No commercial moorings in or along the river should be permitted.

h. Compatible New Development. The Town of Red Hook currently has a number of Zoning rules that constrain development in the WRA. Applicable Zoning districts in the WRA include the Water Conservation District, the Limited Development District and the R5 (Residential) District, all of which limit new development to specific compatible uses and require Planning Board approvals. Development within 1,000 ft. of the river, including the cutting of trees, is generally prohibited. Additionally, the Historic Resources Overlay requires Design Review committee oversight and Planning Board approval of new development and most other modifications in the Waterfront

VERSION 1B II-30 SEPTEMBER 10, 2020 Revitalization Area.

The town’s conservation subdivision regulations address development on large parcels by requiring the preservation of the greatest amount of open space while siting development on the portion where it will have the least negative impact. Negative impacts on ecosystems, small wetlands and streams and their vegetated buffers, soils and landforms must be minimized if any of the large estate parcels in the WRA are considered for development.

In 2019, the Town Board enacted resource extraction regulations to prohibit clear cutting of trees, fresh water extraction, and large scale gravel extraction anywhere in the town. The town should make sure that its resources in the Waterfront Revitalization Area are monitored on a regular basis and that its regulations are enforced.

As the town considers possible sites for public access to the river, it must weigh the impacts of all facets of the project and of continued public use on the fragile ecosystems, habitats and landforms in the WRA. Any negative impacts should be minimized or avoided.

i. Critical Environmental Areas. The town currently has not designated Critical Environmental Areas (CEA) under SEQR within the WRA. The town should prioritize CEA designations for environmentally significant areas in the WRA that are not sufficiently protected and would benefit from this or a similar action.

j. Protection of Ground and Surface Water. It is important to protect the town's ground and surface waters against pollution from a variety of residential, commercial and industrial sources both within and outside the coastal area. These include contamination and runoff from inadequate septic systems, road salting and the use of herbicides, pesticides and/or fertilizers by farmers, home gardeners and railroad maintenance crews.

k. Threats to Water Quality. The Dutchess County Environment Management Council (EMC) named several closed landfills in the town as suspected hazardous waste sites. The only site located in the Waterfront Revitalization Area is the former Bard College

VERSION 1B II-31 SEPTEMBER 10, 2020 landfill, now a transfer station directing waste and recyclables to other locations. Other sites identified by the EMC outside the coastal area that could potentially negatively impact ground and/or surface waters throughout the town include: an old asbestos factory on Spring Lake Road in the eastern portion of the town, the defunct Cokertown Rod and Gun Club off Turkey Hill Rd., a closed landfill on the west side of Freeborn Road in the north central part of the town, a now-closed metal finishing company landfill on Route 199 just east of Red Hook Village, a closed private dump used by a sanitation company on Metzger Road south of Red Hook Village and a past sludge spreading site on Mill Road just north of a portion of the Saw Kill that is north of the Village of Red Hook. Finally, the former town landfill site, located just north of Rokeby Road and east of Route 9G near the Waterfront Revitalization Area boundary and now used as a sand and salt storage area by the state DOT, needs to be monitored.

l. Saw Kill Watershed. Any negative impacts on tributary streams will affect coves and ultimately the river as well. Moreover, since the Saw Kill and Hudson River serve as sources of drinking water as well as important ecological habitats, all efforts to protect and improve the quality of the water should be encouraged, and activities which could threaten the quality of the water should be discouraged. The water quality of the Saw Kill has been monitored for many years by interested individuals and groups, and is now being monitored monthly at fourteen sites along the creek by the Saw Kill Watershed Community and the Bard College Water Lab.

Monitoring of the Saw Kill examines numerous concerns of officials and residents including:

(1) What are the impacts of the outfall from the Bard College wastewater treatment plant and of the backwash from the Bard College water treatment plant? (2) Do the former asbestos processing plant landfill and other former landfill sites continue to impact groundwater and surface waters? (3) To what extent is effluent from individual septic systems along the Saw Kill impacting the stream’s health?

VERSION 1B II-32 SEPTEMBER 10, 2020 Finally, as the Village of Red Hook develops its wastewater treatment plant on a tributary of the Saw Kill, monitoring the stream will provide essential information for assessing its health and ultimately the health of the river.

m. Protection of Environmentally Sensitive Areas. Environmentally sensitive areas of the town need to be retained and protected from alteration and pollution. Among the town's most valuable natural resources are the various coves and freshwater wetlands affected by tides, particularly the Tivoli North and South Bay cove areas (see Impact Assessments for Significant Habitat areas). These tidal areas are being threatened to some extent by various development factors such as pollution of streams, railroad maintenance practices, runoff from road maintenance and snow removal materials and agricultural chemicals.

While the Tivoli Bays area is protected from much alteration by its NY State Preserve status and protective easement, it is still subject to pollution from activities beyond its borders and along its interface with the railroad. Some concern continues about leachate from the now-closed Bard College landfill, treated wastewater from the college and pesticide and fertilizer run-off from neighboring farms both within the coastal area and in other areas of the town. It is important that the Saw Kill monitoring program continue and perhaps be expanded to the other major streams in the town.

Another potential threat to the state lands at the North Tivoli Bay is a DEC program that removes areas of mature forest to promote the growth of shrubland (Young Forest Initiative). While shrubland is an important habitat and is in relatively short supply, it is possible that areas elsewhere in the town (fallow agricultural fields, old overgrown shrublands, etc.) could be used for that purpose. These options should be explored with the DEC.

In addition to providing unparalleled sites for research, education and recreation, the Bays and the town’s other freshwater coves, wetlands, marshes and streams will play a significant role in managing the sea level rise predicted for the future. Careful oversight of the health of and unfettered tidal access to these areas will become increasingly important as time goes on.

The town is indeed fortunate to have Bard College nearby with its vigorous environmental programs and its willingness to partner with the community in

VERSION 1B II-33 SEPTEMBER 10, 2020 undertaking projects of mutual environmental benefit. Recently the Bard Center for the Study of Land, Air and Water was established to support efforts to connect community needs with academic resources.

The town has already put several regulatory mechanisms in place to protect its natural resources in the Waterfront Revitalization Area and in the areas that impact it. While the town has not yet used its ability to designate any particular site as a Critical Environmental Area, it should consider some of the shoreline and Waterfront Revitalization Area locations not currently under the protection of DEC for such a designation, thereby providing additional protections under SEQR and with town enforcement responsibilities.

D. Historic and Scenic Features

he beauty and value of Red Hook's historic and scenic assets cannot be overstated. The uniquely attractive visual character of the Town of Red Hook results from the combined effects of its natural and manmade setting. Special features and designations are shown Ton Map 6.

The historic and scenic features of the area have inspired both residents and visitors for centuries. Contributing to this effect are the majesty of the Hudson River and the adjacent land forms, including the Catskill Mountains, cliffs and vegetated areas such as forests and wetlands. Contributing as well are the scale and grandeur of the riverfront estates, with their architecturally significant structures and expansive landscaped grounds. The riverfront estate areas are complemented by historic vernacular structures, tree allées and individual old growth specimen trees, stone walls, and farm fields.

Since the 1970’s, several steps have been taken to officially recognize the historic and scenic features of the coastal areas of the Town of Red Hook and adjoining riverfront communities, and to make efforts to enhance and preserve the natural and manmade environments. Some of the major steps undertaken are listed below, and others are included in subsequent subsections. A listing of major initiatives undertaken — goals and agendas formulated, studies completed and actions taken, including the town’s 2016 Historic Preservation Law (Local Law 1-2016) that created the Red Hook Historic Landmark District — is included in Appendix 2.

VERSION 1B II-34 SEPTEMBER 10, 2020 The Hudson River Shorelands Task Force was established in 1976 with representatives from Hyde Park, Rhinebeck, Red Hook and Tivoli to act as a liaison between private property owners, institutional property owners and local, county, state, and federal government officials. Funding through private and public grants was obtained to gather additional data to continue documentation of the scenic and historic features of the area and to develop plans to aid in restoration and maintenance as well as to protect the visual environment.

The Hudson River Study Bill, passed by the New York State Legislature in 1978 (Chapter 242 of the Laws of 1978), resulted in the report, The Hudson River Valley — A Heritage For All Time (Heritage report). This report in turn initiated the designation of the area in 1980 as the State's first Scenic District by the Commissioner of Environmental Conservation. The report described the Hudson River Valley’s “scenery of overwhelming beauty” and the need to protect it through public acquisition, conservation easements, and other protections depending “upon recognition of the aesthetic resiliency of the landscape.” Other “Legal and Institutional” frameworks recommended in the Heritage report, besides the designation of scenic districts, include the following: • “Designation of Critical Areas of Environmental Concern by County and Local Governments • Scenic Review of projects Under SEQRA • County Review of Zoning Actions • Clarification of the Law Concerning Scenic Easements… • Enabling Municipalities to Protect Scenic, Recreational and Ecological Resources Through Transfer of Development Rights. • Establishing a Program for Scenic Roads • State Payments to Municipalities in Lieu of Taxes… • Inventory of Geologically and Paleontologically Significant Sites and Systematic Classification of Historically Significant Sites • Study of the Feasibility of Creating New Waterfront Recreation Areas • Establishment of the Governor’s Heritage Task Force for the Hudson River Valley”

The Mid-Hudson Historic Shorelands Scenic District, so designated, included not only the Sixteen Mile National Historic District (discussed below) and the Clermont Estates Historic District, but also the river landings and pastoral lands connecting the river and NYS Route 9G,

VERSION 1B II-35 SEPTEMBER 10, 2020 the major state road paralleling the river. The resulting Mid-Hudson Shorelands Scenic District Management Plan was completed in 1983.

The Scenic District Management Plan included a description of the Scenic District, which encompasses the river west of the centerline and the river frontage extending 2,000 feet west of the high tide line. Thus, portions of the Towns of Esopus, Kingston, Ulster and Saugerties, the City of Kingston and Village of Saugerties in Ulster County and the Town of Catskill in Greene County are considered part of the viewscape of communities in the Scenic District.

New York State’s Coastal Management Program, established by the legislature in 1981, included the following finding: "...that New York State's coastal area and inland waterways are unique with a variety of natural, recreational, industrial, commercial, ecological, cultural, aesthetic, and energy resources of statewide and national significance." (Article 42 § 910). Recognizing the importance of the Hudson Valley’s scenic resources, New York’s Department of State created the document Scenic Areas of Statewide Significance (SASS) to identify those resources of statewide and national significance associated with the Hudson River.

The SASS document provides guidance to agencies subject to the Coastal Management Program to “include siting and design guidelines which are to be used to evaluate the impact of proposed development, recognizing that each situation is unique and that the guidelines must be applied accordingly. The guidelines address the appropriate siting of new structures and other development; the use of scale, form and materials which are compatible with the landscape's existing scenic components; the incorporation of historic elements in new development; the maintenance of existing landforms and vegetation; and the removal and screening of discordant features.” The following areas within Red Hook’s Waterfront Revitalization Area have been designated as Scenic Areas of Statewide Significance:

1. Scenic Areas of Statewide Significance (SASS)

The Town of Red Hook Waterfront Revitalization Area lies within the Estates District Scenic Area of Statewide Significance (SASS), a statutory boundary designated by the NYS Department of State. Red Hook also lies within the Ulster North SASS and constitutes the middle ground of its viewshed (see Map 6).

VERSION 1B II-36 SEPTEMBER 10, 2020 a. Estates District SASS

The Estates District SASS is approximately 27 miles long, extending from Cheviot Landing in the Town of Germantown, Columbia County, to just south of the Franklin D. Roosevelt National Historic Site in Hyde Park, Dutchess County. The collection of large estates with their designed landscapes, the many undisturbed natural features and the significant public historic sites and architectural treasures render the SASS unique in the Hudson River coastal area, the state and the nation. Complementing the estates are extensive farmlands consisting of open fields, pastures and orchards. Some of these pastoral landscapes form gracious entranceways to estates in the American Romantic Landscape tradition. Bard College, the largest institution in the town’s Waterfront Revitalization Area, expanded its already historic campus with the purchase of Montgomery Place in 2016, adding architecturally significant buildings, working orchards and designed landscapes to the Bard campus.

While the Hudson River and its influence on the historic development of the area constitute the major unifying features of the Estates District, the river's shoreline configuration changes throughout the length of the SASS. Creeks in the town’s Waterfront Revitalization Area, such as the Stony Creek (also known as the White Clay Kill), the Saw Kill, and the Mudder Kill cut deep ravines and waterfalls, and where they enter the Hudson, add interest to the shoreline, along with the coves, marshes and scattered islands. The rich variety of vegetation gives a textural diversity to the SASS and enhances both its scenic character and its ecological value. The SASS is generally free of discordant features, and the integrity of the landscape has, for the most part, been maintained.

The Estates District SASS is dominated by major and minor historic estates oriented toward the Hudson River. The beauty of the region's landscape, including views of the Hudson and the distant Catskill Mountains, has been celebrated for generations, most notably in the 19th century by painters such as Thomas Cole, Frederic Church and Asher Durand of the Hudson River School, the first American art movement. Many of the estate homes were designed by renowned architects and landscape designers.

In the Town of Red Hook, Alexander Jackson Davis, arguably the originator of the Romantic Landscape movement in America, designed the grounds of Bard College’s

VERSION 1B II-37 SEPTEMBER 10, 2020 Montgomery Place and Blithewood estates. Along with the mid-19th century renovations of Montgomery Place’s manor house, Davis designed the estate’s Palladium-styled coach house, a Gothic style farm house and a worker housing structure known as the Swiss Cottage. At Bard College, he designed the hexagonal gatehouse, and at Barrytown, he designed two gatehouses for the Edgewater estate, a school house and the Sylvania Chapel. Other notable designers contributing to the development of Red Hook estates were architects Calvert Vaux, William Potter, Francis L.V. Hoppin, Stanford White and Charles Platt as well as landscape gardeners and designers A. J. Downing, H. J. Ehlers, Frederick Law Olmsted and his sons, the Olmsted Brothers.

Ruins of docks and ice houses are evident along the Hudson River, and dry-laid stone walls and rows of mature trees line Woods Road and River Road. Barrytown still echoes its historical importance as a local commercial Hudson River landing. Paths and carriage roads along the shores of the Hudson, some overgrown, indicate favored recreational activities that continue today. Scenic Hudson’s Poets Walk Park, which opened in 1996, offers meandering paths and scenic vistas between Rokeby and Steen Valatje. It has been reported that author Washington Irving’s 1812 visit to John R. Livingston’s Barrytown estate Massena inspired him to explore the Catskills and that an 1868 visit by nine year old Teddy Roosevelt to the same property is believed to have engendered a love of nature that led to his zeal for land conservation.

Although most of the estates within the Waterfront Revitalization Area are still privately owned, the Estates District SASS is to some extent publicly accessible, visually and/or physically, either from the Hudson River, from public roads, from parks, open spaces or coves, or from within institutional campuses, some of which are generally open to the public. These historic and scenic properties draw many visitors each year. The SASS has been the subject of a wide range of essays and art works and has been recognized with local, state and national awards of distinction, such its designation as a National Historic Landmark District and New York State’s first Scenic District.

The section of the Estates District SASS within the Town of Red Hook is located within the following subunits:

ED-1 Clermont Subunit ED-2 Clermont/Tivoli Estate Farmland Subunit ED-3 Tivoli Subunit

VERSION 1B II-38 SEPTEMBER 10, 2020 ED-4 Montgomery Place/Blithewood Subunit ED-5 Tivoli Bays Subunit ED-6 Bard College Subunit ED-7 Annandale-on-Hudson Subunit ED-8 Barrytown Subunit ED-9 Astor Point Subunit ED-10 Astor Cove Subunit ED-11 River Road Subunit ED-12 Mount Rutsen Subunit

Together these subunits constitute a landscape of state, national, and international significance which evolved through the development of a rich cultural heritage in an outstanding natural setting.

b. Ulster North SASS

The Ulster North SASS encompasses the Hudson River and its western shorelands with its viewshed extending into the Estates District SASS along the river’s eastern shoreline. The Ulster North SASS is a highly scenic and valued portion of the Hudson River Valley, rich in natural beauty and cultural and historical features. Views from within the SASS are extensive and significant, often full and unobstructed. From many vantage points, long, broad views of the river and expansive Red Hook landscapes can be seen. The Hudson River creates the foreground and middle ground for many of the views east to the Estates District SASS. The forested shorelands and the major estates in the Estates District contribute significantly to the scenic quality of the Ulster North SASS.

The section of the Ulster North SASS within the Town of Red Hook is located within the following subunits:

UN-4 Saugerties Bluffs Subunit UN-5 Esopus Creek Subunit UN-6 Glasco Bluffs Subunit UN-8 Glasco Subunit UN-10 Turkey Point Subunit

VERSION 1B II-39 SEPTEMBER 10, 2020 2. Analysis of Scenic Areas of Statewide Significance

The scenic components of both SASS areas and the actions which could impair their scenic quality are described more fully in the narratives contained in Appendix 2.

3. Architectural Sites, Structures and Features, and Archaeological Sites

The Waterfront Revitalization Area contains an abundance of country seats broken up by the early river landings that became the hamlet of Barrytown and the Village of Tivoli. Estates were often interconnected by paths and carriageways that wound through woods and agricultural lands, affording broad vistas toward the river and Catskill Mountains as well as more intimate views of gardens, stone walls and tree-lined roads. The designed landscape and exceptional natural environment inspired generations of artists, architects, landscape designers, conservationists and their patrons to pursue their aesthetic and intellectual ideals. That these natural and built environments survive in such a remarkable state of preservation makes the Red Hook portion of the National Historic Landmark District a national treasure.

In 1979, Hudson River Heritage Inc., a local non-profit membership organization, surveyed what was then known as the Sixteen Mile Historic District in an effort to document historic sites and to facilitate the preservation of the area's riverfront estate properties. This district included portions of the Towns of Clermont, Red Hook, Rhinebeck and Hyde Park, and contributing resources within this area were placed on the National Register of Historic Places. In the Town of Red Hook, the Historic District was and still is almost entirely west of Route 9G.

In 1990, the Sixteen Mile National Register Historic District and the Clermont Estate National Register Historic District were combined to form the National Historic Landmark District, designated by the Secretary of the Interior in recognition of its unique history and character. Federal Landmark status acknowledges that the historic resources are of the highest national significance. Estates located within the Town of Red Hook portion of the District include (from north to south) Teviot, Rose Hill, the Pynes, Callendar House, Ward Manor, Blithewood, Montgomery Place, Massena, Edgewater, Sylvania, Rokeby and Steen Valetje. Rose Hill, The Pynes, and Callendar House are located in the Village of Tivoli.

These magnificent estates, built along the Hudson's eastern banks in the eighteenth and nineteenth centuries, represent the architectural and social history of the times. They were the

VERSION 1B II-40 SEPTEMBER 10, 2020 residences of New York’s wealthiest families, from the early feudal landlords to the later mercantile, financial and transportation magnates. Approximately half of the estates within the town are still held in private ownership.

Individually, most of these estates meet the National Register criteria as distinctive architectural specimens, either because of the significant roles their inhabitants of all social classes played in state or national history or because they represent the broad patterns of early Dutch and English settlement and subsequent development of the area. A major contributor to the significance of the estates area comes from its location along the Hudson River. The views of the river and the Catskill Mountains add an outstanding scenic dimension that rivals and enhances the area’s historic and architectural importance.

The Landmark District is also significant for the presence of both pre-historic and historic archaeological sites, several of which have been identified within the town. These sites will not be listed in this document to protect their integrity.

The town has already taken a number of steps to highlight and protect the historic structures and sites in its portion of the National Historic Landmarks District. In 1993, the Waterfront Conservation (WC) District was created, which limits the permitted uses on land within 1,000 of the high water mark of the Hudson River and within 100 feet of the banks of the town’s major streams.

In 2006, the town created a Community Preservation Fund (CPF) and an associated Advisory Board. The CPF is funded through a real estate transfer tax permitted following a townwide referendum and State legislative action. Use of the CPF is limited to properties listed in the Town of Red Hook Community Preservation Plan (CPP), prepared in 2011 and updated in 2016. Partnering with local land trusts such as Scenic Hudson, Winnakee Land Trust and Dutchess Land Conservancy as well as federal, state and county agencies, the CPF by 2020 has conserved 2,670 acres of land through the purchase of development rights and fee simple acquisitions on lands identified in the CPP. CPF funds may be used to purchase lands meeting one or more community character criteria such as agricultural lands, lands containing water resources, ecologically significant areas, scenic features, trails and gateways, unique village or village enhancing areas, significant biodiversity, Hudson Riverfront lands, and historic values including historic structures for adaptive re-use.

VERSION 1B II-41 SEPTEMBER 10, 2020 In 2016, the Red Hook Town Board adopted an Historic Preservation Law, (Local Law 1-2016). The law created a Red Hook Historic Landmarks Overlay (HL-O) District that is coterminous with the town’s portion of the National Historic Landmark District, broadened oversight regulations that were once confined to the historic hamlets and expanded the role of what was previously called the Hamlet Review Committee. Renamed the Design Review Committee, this group is charged with advising the Town of Red Hook Planning Board on decisions relating to development within the entire HL-O district and to individually listed National Historic Register properties.

In 2008, the town’s largest institution, Bard College, completed a Preservation Masterplan that guides college decision-makers, planners and staff in the stewardship of its historic campus buildings while accommodating future change. With its purchase of Montgomery Place in 2016, the College has expanded this stewardship to include historic structures and landscapes of national significance.

4. Analysis of Architectural Sites, Structures and Features, and Archaeological Sites.

The Town of Red Hook’s Historic Preservation Law states:

“It is in the best interests of the Town of Red Hook that recognized historic resources be protected for the continuing use and enjoyment of future residents within the community. The Town of Red Hook specifically finds that many of these vital and irreplaceable historic resources have heretofore been afforded recognition, but not protection, through their inclusion, or deemed eligibility for inclusion, on the National Register of Historic Places. The town further finds that preservation of Red Hook’s historic architectural character will foster civic pride in the beauty and architectural achievements of the past and result in economic benefits to Red Hook by uniformly preserving its heritage and distinctive character.”

To further the sentiments expressed in this passage, the town’s Design Review Committee’s expanded oversight of new development within the Waterfront Revitalization Area should continue to be supported. In addition, the town should ensure that this committee has its full

VERSION 1B II-42 SEPTEMBER 10, 2020 complement of members and that the members bring the skills and experience outlined in the HL-O District regulations.

Community efforts, both public and private, should continue to focus on restoration, preservation and enhancement of existing historic sites, structures, gardens, vistas and other features such as stone walls and tree-lined roads. The town should also encourage creative opportunities for adaptive re-use of historic structures, a subject of increasing importance as estates and large historic structures pass out of private individual ownership. The Design Review Committee should work to realize compatible new site designs and structures on projects both large and small. Designs that are not necessarily identical to existing historic structures or are not discordant within the historic context, should be accomplished. Finally, the several sites of archaeological interest in the town’s Waterfront Revitalization Area need continuing protection against illegal looting and destruction of artifacts.

5. Landscape Distinction

The Mid-Hudson Historic Shorelands Scenic District Management Plan highlights four categories of landscape distinction that contribute to the scenic character of the town: a) Estate Landscape Gardens/Grounds; b) Pastoral Countryside; c) Parkland; and d) Landscape Appurtenances including stonewalls and tree-lined roads. A discussion of parkland can be found in the subsection on Recreation and Open Space Areas.

The Hudson River estates within the town have been noted not only for their architectural interest discussed above but also for the significance and interest of their landscaped gardens and grounds. The Mid-Hudson Historic Shorelands Scenic District Management Plan describes twelve estates in the Town of Red Hook and the Village of Tivoli that are important "for their common design themes and date of construction as identified in the American Romantic Landscape Style primarily during the period from 1820 to 1880. These include the estates previously mentioned in the discussion of the National Historic Landmark District under Architectural Sites, Structures and Features, (from north to south): Teviot, Rose Hill, the Pynes, Callendar House, Ward Manor (at Bard College), Blithewood (at Bard College), Montgomery Place (at Bard College), Massena, Edgewater, Sylvania, Rokeby and Steen Valetje. Rose Hill, The Pynes, and Callendar House are located in the Village of Tivoli.

VERSION 1B II-43 SEPTEMBER 10, 2020 The pastoral countryside refers to a combination of visual components familiar in the rural areas of the town. These include wooded areas, pastures, cropland, orchards and vineyards, irregularly placed residences and farmsteads. Within the pastoral countryside, several farm properties have enrolled in the state’s Agricultural District Program under the New York State Agriculture and Markets law, which provides protections for working farmsteads. Additionally, the Town of Red Hook has put into place a number of mechanisms that promote the protection of the town’s agricultural and open spaces. The town’s “Centers and Greenspaces Plan” and accompanying Zoning regulations, adopted in 2011, created the Agricultural Business District, a new zoning district that helps farmers retain their property while requiring conservation subdivision should those properties be developed. Incentive zoning amendments, also adopted in 2011, have enabled the purchase of development rights on open lands. Finally, The Community Preservation Fund, described above, has provided funding for permanent preservation of hundreds of acres of agricultural land and other properties of landscape distinction (see discussion on agriculture above in Existing Land Use subsection).

6. Analysis of Landscape Distinction

The need to protect and restore significant estate landscapes that maintain and enhance the scenic beauty of the town is clear. The landscapes surrounding major structures are not only important from an historic point of view, they also contribute to the overall scenic beauty and open space appearance of the town. The design of estate grounds should be a major consideration in any plans to restore and renovate existing historic structures and/or plans to further develop or subdivide properties. In addition, prudent development of properties and proper maintenance of vegetation is necessary to protect the shoreline from erosion and to prevent the loss of the "wilderness character" of the Tivoli Bays.

7. Stone Walls

Of the landscape appurtenances mentioned in the Mid-Hudson Historic Shorelands Scenic District Management Plan, stone walls were determined to be the most significant. These stone walls fronting on many of the estates and lining some of the rural roadways have great value as historic and scenic resources. Stone walls are representative of an earlier period in the history of

VERSION 1B II-44 SEPTEMBER 10, 2020 the town when labor was relatively inexpensive, personal pride in one's work was important and the quality of craftsmanship was high. Many such walls are currently in a state of disrepair and others are threatened. A 1980 report, Hudson River Stone Walls prepared by the Preservation Partnership for Hudson River Heritage, Inc., described these masonry walls, their preservation problems and solutions.

8. Analysis of Stone Walls.

Many of the stone walls lining roads in the town are in disrepair. Some road maintenance procedures, such as spreading de-icing materials can lead to disintegration of the mortar used in wall construction. Road widening, vehicle collisions with walls and falling trees also lead to the weakening or destruction of stone walls. A new lower speed limit, posted in 2020, and the installation of speed tables along River Road to accommodate the Empire State Trail may result in fewer vehicular collisions with the stone walls along that road.

While techniques for protection and repair of the walls are known and were outlined in the 1980 Hudson River Stone Walls report, progress has been slow in coming. The value of the walls is often unrecognized, repairs are costly, and increasingly fewer masons are trained to do the work correctly. The town should be cognizant of grant and other funding opportunities that could be used to restore and preserve these scenic features.

9. Street Trees

Large mature trees, many planted in mid-to-late 1800's, contribute to the scenic beauty of Red Hook. They are found lining roads throughout the Waterfront Revitalization Area as well as on riverfront estates.

In 2008, a study by the Red HookTown Board, found that “trees provide shade, green space, reduction in noise and visual pollution, improve air quality and reduce the effects of global warming, impede soil erosion, reduce heat island effects, increase property values, and attract business.” In response to these findings, the Board created a Tree Preservation Commission to establish a program for the planting, maintenance and removal of trees in

VERSION 1B II-45 SEPTEMBER 10, 2020 order to maximize the benefits afforded by trees within the town and to provide an orderly framework for such activities.

In addition, this group works with town boards and committees by recommending appropriate trees for specific sites and by ensuring that established trees are protected during construction projects. As a result of the commission’s work, the town has been honored as a “Tree City USA” community, a distinction it has held since 2005.

10. Analysis of Street Trees

A number of the town’s most significant trees are dying, some from old age, some from disease and some, such as the sugar maple, as a result of climate change. The town needs to plan for appropriately replacing these trees in the Waterfront Revitalization Area to retain the historic richness of tree-lined roads and scenic entries to large estates.

One of the most consequential and avoidable threats to our historic trees is insensitive pruning and tree removal by utility companies. All efforts should be made to plan for upcoming tree maintenance. Discussions with the utility companies before any tree work takes place should occur so that the tree work proceeds in accordance with the findings and recommendations of the Tree Commission as well as the Scenic Roads Report and Scenic Roads Handbook (see below).

11. Scenic Roads

In 1981, under Article 49 of the Environmental Conservation Law, which empowered the DEC to designate scenic roads and develop programs for their preservation and enhancement, the State Legislature directed DEC's Heritage Task Force for the Hudson River Valley, Inc., to undertake a study regarding the "protection and enhancement" of certain roadways in the Hudson River Valley. The Heritage Task Force, established by the DEC in 1980, examined a series of roadways and created a list of those it considered to be important for their cultural and scenic features and/or that provided either visual or physical access to the Hudson River. Among the goals of the Task Force’s Scenic Roads Program were preserving and enhancing the appearance of these roadways and surrounding areas, as well as providing opportunities for

VERSION 1B II-46 SEPTEMBER 10, 2020 better viewing of scenic vistas. This program was designed to create a greater public awareness of the importance of scenic resources and to recommend preservation and enhancement measures.

Several scenic roads providing outstanding scenery, views to the river and the Catskill mountains and access to historical, cultural and recreational facilities in the Town of Red Hook were listed in the Scenic Roads Program, Volume I, prepared for the Heritage Task Force for the Hudson Valley in 1983. The Heritage Task Force also published a Scenic Roads Handbook in 1985 to provide guidance to all agencies responsible for highway management as well as landowners along the roads. The Handbook outlines recommended measures that should be used in maintaining such designated roads (see Appendix 2).

The designated scenic roads in the Town of Red Hook Waterfront Revitalization Area (excluding the Village of Tivoli) include:

• River Road/Annandale Road (County Route 103) — from the Town of Rhinebeck boundary to the intersection with Route 9G. • New York State Route 9G — from the Town of Rhinebeck boundary to the Dutchess/ Columbia County line. • Kidd Lane — from the intersection with New York Route 9G to the Tivoli Village boundary, • Woods Road — from the Tivoli Village boundary to the Dutchess/Columbia County line. • Sengstack Lane — from the intersection with Woods Road to the intersection with Stony Brook Road. • Stony Brook Road — from the intersection with Sengstack Lane to the intersection with New York Route 9G. • Barrytown Road and Station Hill Road west of River Road. • Kelly Road — east of River Road.

The following additional scenic roads were listed in the Mid-Hudson Historic Shorelands Scenic District Management Plan:

• Rokeby Road • Cruger Island Road

In October, 1985, River Road/Annandale Road, Woods Road, Sengstack Lane and Stony Brook Road were officially designated as Scenic Roads by the New York State Department of Environmental Conservation.

VERSION 1B II-47 SEPTEMBER 10, 2020 Locally, the Town of Red Hook’s Open Space Plan, adopted in 2000, named the following roads in the town’s Waterfront Revitalization Area to be Scenic Roads: Woods Road, Kidd Lane, Sengstack Lane, State Route 9G, and River Road.

In addition to the above-mentioned roads, the Hudson River itself (the east channel of which is within Red Hook's Waterfront Revitalization Area) may be considered the town's greatest transportation corridor and scenic “highway.” It offers splendid views of the riverine environment as well as historic estates and terrestrial natural areas.

12.Scenic Vistas

Although often considered only within the context of scenic roads, scenic vistas merit special attention and treatment. The term "scenic vistas" is used to refer to those locations or vantage points where broad expanses of unique and outstanding beauty are apparent. Generally the vantage point for such a vista is elevated from the surrounding area to increase the extent of the view and to identify scenic vistas of primary interest. The extent of the vista may change depending on the season of the year and the corresponding amount of foliage.

As part of the preparation of the 1995 LWRP, scenic vistas in the Waterfront Revitalization Area were identified. The majority of those vistas identified in the Red Hook Waterfront Revitalization Area included views of the Hudson River and Catskill Mountains.

The town’s Open Space Plan lists the priority scenic vistas in the Waterfront Revitalization Area to be:

• Tivoli Bays Wildlife Management Area (parking lot off Route 9G) • The intersection of River Road and Barrytown Road • Village of Tivoli landing • Poet’s Walk Park • Station Hill Road • Blithewood at Bard College • Bard College Montgomery Place Campus

Other scenic vistas of interest include river tributaries, wetland areas near the river and agricultural and open space areas. Most of the vistas are located along the designated scenic roads of the town; however, the sweeping panorama of the estates area that can be

VERSION 1B II-48 SEPTEMBER 10, 2020 viewed from the Kingston-Rhinecliff Bridge (a designated State Scenic Byway itself) is also considered important.

13.Analysis of Scenic Roads and Scenic Vistas

The town recognizes that its scenic roads and vistas are valuable resources for both residents and visitors to Red Hook. However, these resources often cannot be fully appreciated for a variety of reasons including: a) limited or no access through private property; b) unmarked scenic view areas; c) a lack of off-road parking areas; d) overgrown vegetation that obscures views; and e) visually discordant utility lines, guard rails and other roadside structures.

To promote and enhance scenic vistas, the following recommendations should be considered:

• Opportunities to gain public access to scenic vistas should be recognized and acted upon as they appear. • The location of scenic vistas should be marked on maps, electronic apps, and pamphlets, as signs at the sites would themselves detract from the views. • The attractive features of the land on both sides of a scenic road should be protected and enhanced by measures that include: ‣ pruning or other appropriate maintenance of vegetation ‣ permitting only development that is compatible with the natural and manmade environments ‣ sensitive placement of physical elements such as guard rails and utility poles within road rights-of-way ‣ protection, restoration and maintenance of scenic features such as stone walls and mature street trees • Red Hook, Dutchess County, and New York State highway agencies should consult the Heritage Task Force’s Scenic Roads Handbook when planning and conducting highway maintenance activities, including tree trimming and removal. • Natural vegetation should be protected and appropriately managed while creating and maintaining vistas in order to prevent erosion of fragile clay banks.

VERSION 1B II-49 SEPTEMBER 10, 2020 E. Zoning

1. Zoning Districts

he Waterfront Revitalization Area in Red Hook is divided into eight (8) Zoning districts including the Waterfront Conservation (WC), the Limited Development (LD), Hamlet (H), Agricultural Business (AB), Rural Development 5 (RD5), Rural Development 3 (RD3), TResidential 1.5 (R1.5), and Institutional (I) districts. Zoning District within the WRA are shown on Map 7. There are four (4) overlay districts that include lands within the WRA including the town’s Scenic Corridor Overlay (SC-O), Flood-Fringe Overlay (FF-O), Historic Landmarks Overlay (HL-O), and Environmental Protection Overlay (EP-O) districts. Each of these twelve (12) districts is further described below.

The Waterfront Conservation (WC) District lies along the Hudson River waterfront from the Town of Clermont boundary south to the town's southern boundary with the Town of Rhinebeck. Except for the Village of Tivoli, the WC District encompasses lands within one thousand (1000) feet of the river and within one hundred (100) feet of Stony Creek (also known as the White Clay Kill), the Saw Kill and the Mudder Kill. The WC District is intended to protect scenic quality and preserve the fragile natural resources of the Hudson, its coves and tributaries and their environmentally sensitive shorelands. Of particular concern is the potential for new development on private lands in close proximity to Tivoli North and South Bays and Cruger Island. Within the WC District, all new uses within 1,000 feet of the high water mark of the Hudson are subject to site plan review and approval and issuance of a special use permit from the Town Planning Board.

The Limited Development (LD) District includes environmentally significant estate and non- institutional open space lands within the town's Water Revitalization Area. Techniques such as conservation subdivision and conservation easements are used to mitigate impacts from development on the rural, scenic and historic character of the landscape.

The Rural Development 5 (RD5) District covers lands that have largely been developed with single family dwellings along the west side of NY Route 9G and south of the Village of Tivoli. The RD5 District seeks to continue established land use patterns by providing for a mix of agricultural and compatible low-density rural-residential development along with compatible conservation, recreation and open space uses.

VERSION 1B II-50 SEPTEMBER 10, 2020 The Rural Development 3 (RD3) District is found on most of the lands fronting on and east of Route 9G. The District allows a mix of agricultural uses and compatible moderate-density rural residential development and other conservation, recreation and open space uses consistent with established land use patterns. Use of the conservation subdivision technique, encouragement of conservation density subdivisions and limitations on the scale of development that may be authorized are permitted and encouraged.

The Residential 1.5 (R1.5) District is present in the Waterfront Revitalization Area but is restricted to lands in three locations. These include the southernmost boundary of the town adjacent to the boundary with the Town of Rhinebeck, where already developed lands exist near the intersection of Route 9G and Kalina Drive, a few already developed parcels near the intersection of Route 9G and Kelly Road, and residential dwellings north of Bard College adjacent to Annandale Road. The R1.5 District allows low-density residential uses in areas served by community water supply systems.

The Hamlet (H) District is found in two locations within the Waterfront Revitalization Area. This District is intended to reinforce the traditional mix of residential uses and community facilities in the hamlets of Annandale-on-Hudson and Barrytown. Architectural design review is provided to protect and continue the vernacular character, scale and unique settings of structures within these two hamlets.

The Institutional (I) District accommodates the comprehensively planned, extensive facilities associated with Bard College and educational, health-related and other not-for-profit institutions. Compatible residential, agricultural, conservation and open space uses are also allowed.

The Agricultural Business (AB) District is found in one large block of lands north of the Village of Tivoli and at several other scattered locations within the Waterfront Revitalization Area where agriculture is conducted. The District’s purpose is to protect the town’s rural and agricultural lands, to discourage incompatible nearby land uses and to promote agriculture as a component of the local economy.

VERSION 1B II-51 SEPTEMBER 10, 2020 2. Overlay Districts

The Flood-Fringe Overlay (FF-O) District encompasses the 100-year floodplain area as designated by the Federal Emergency Management Agency (FEMA). Regulations meet the requirements of the Federal Emergency Management Agency. The FF-O district is subject to change as a result of updating of the FEMA maps as conditions change. It is expected that updates will continue to occur due to projected increases in precipitation as a result of climate change.

The Historic Landmark Overlay (HL-O) District is coincident with the portion of the Hudson River National Historic Landmark District within the Town of Red Hook. The District encompasses the large estates and other land areas of historic and environmental significance which bound the east bank of the Hudson River. The HL-O District recognizes that the estates and related landscapes possess qualities conducive to contemporary development while at the same time being comprised of both existing buildings and natural areas which are significant cultural assets linking Red Hook to its heritage. The HL-O District is intended to continue the estate and conservation uses and adaptive reuse and to provide for environmentally sensitive new development.

The Environmental Protection Overlay (EP-O) District was created to protect significant environmental resources, including the town’s groundwater, wetlands, stream corridors, prime farmlands, historic sites and scenic areas from development that is considered incompatible on the basis of its scale, intensity or location.

The Scenic Corridor Overlay (SC-O) District encompasses those lands immediately adjacent to roadways designated under Article 49 of the New York State Environmental Conservation Law as New York Scenic Byways. The SC-O District also encompasses the lands adjacent to the town’s designated scenic roadways that possess predominantly rural landscapes. The District regulations supplement the area and bulk regulations applicable in the underlying zoning districts and address the treatment of land within identified scenic vistas, including those of historic structures and landscapes. The preservation of significant existing vegetation, plant specimens, landforms and water features and the incorporation of natural landscaping techniques are of particular concern. View protection regulations are imposed within the SC-O District to preserve overall rural character, the setting of historic properties along these routes, and the irreplaceable scenic vistas which they offer.

VERSION 1B II-52 SEPTEMBER 10, 2020 3. Residential Uses

Single family homes are permitted in all the zoning districts within the Waterfront Revitalization Area, and new or adaptive reuse of existing single family homes is allowed by special use permit in the WC district. New two family dwellings are permitted in the I District, with restrictions in the AB District and by special permit in the Hamlet District. Conversions of single family to two family are allowed by special permit in the LD, RD5, RD3, H, AB and I Districts. New multi-family dwellings are allowed by special permit in the R1.5 District.

Conversion or adaptive reuse of residential dwellings is allowed by special permit in the LD, RD5, RD3 R1.5 and I Districts. Row or attached dwellings are allowed by special permit in the H District. Elderly or senior citizen housing is allowed by special permit in the R1.5 District. Accessory apartments within a single family dwelling are allowed by special use permit in all districts outside of the WC District. Accessory apartments within a structure separate from a single family dwelling are allowed by special permit in the RD5, RD3, AB and I Districts. Enriched housing for the elderly is allowed in the RD5, RD3, and R1.5 Districts.

4. Water Dependent Uses

Marinas, boat clubs, docks and boat ramps are allowed by special use permit and site plan review and approval in the WC, LD, H and I Zoning Districts. Regulations give preference to alternative ways to provide services such as dry-stack storage and open water facilities, marina design for maximum tidal flushing and circulation, and minimal dredging. Pump-out facilities are required for these water-dependent uses.

5. Agriculture and Open Space Uses

Agriculture, forestry management, and conservation uses such as farming, parks, and nature and wildlife preserves are permitted in all Waterfront Revitalization Area zoning districts. Golf courses and country clubs are permitted with site plan review and approval in the RD5, RD3 and R1.5 Districts. Other outdoor recreation facilities for skiing, skating, picnicking and

VERSION 1B II-53 SEPTEMBER 10, 2020 camping are allowed by special use permit in all districts except the Hamlet District. Riding academies and boarding stables are allowed in the RD5 and RD3 District by special permit, and Recreational Vehicle Parks are allowed by special use permit in the RD3 District.

Several large parcels within the Waterfront Revitalization Area are zoned Agriculture Business (AB) District. Uses permitted in the AB District include a wide variety of agricultural and agricultural related uses such as wineries, distilleries, breweries and cider mills, greenhouses and nurseries, cold storage, boarding and riding academies, forestry and other similar uses. Limited residential uses are subject to specified conservation practices, designed to protect and preserve the agricultural industry in Red Hook. In addition, a number of other non- agricultural and non-residential uses are permitted in the AB District subject to issuance of a special use permit from the Town Planning Board.

Commercial logging in Red Hook is regulated, based upon the size of the logging operation, and most logging activities require issuance of a permit from the town. Large-scale commercial logging involving five acres or more of timber harvesting, is allowed by site plan and special use permit in all Zoning districts. Small-scale commercial logging involving less than five acres of timber harvesting is allowed by a Building Department issued Permit in all Zoning districts except for the WC District. In the WC District, all commercial logging is subject to site plan and special use permit approval. Commercial logging rules require adherence to New York State’s recommended best management practices including Timber Harvesting Guidelines and New York State Forestry Voluntary Best Management Practices for Water Quality Field Guide. A number of activities are exempted from the Commercial Logging Permit rules, such as harvesting firewood for non-commercial use and timber operations on a farm.

Red Hook also regulates tree and topsoil removal throughout the town, including the Waterfront Revitalization Area, and requires site plan review and approval prior to such activities. Tree and topsoil removal, involving less than one acre of physical alteration on a site or if it involves agriculture, commercial nurseries, solar energy systems, geothermal system installations, and accessory farm operations is exempted from site plan review and approval rules.

VERSION 1B II-54 SEPTEMBER 10, 2020 6. Analysis of Zoning

The Town of Red Hook's Zoning has been designed to protect the rural and open space qualities and environmental features of the coastal area and to continue the historic pattern of development. A more dense pattern of development is limited to the hamlets and to other areas where community water and/or sewer systems exist. Uses which contribute to the scenic character of the landscape, such as forestry, farming, passive outdoor recreation and conservation uses are encouraged and reinforced. Water dependent uses are allowed where environmental impacts can be minimized.

Special regulations address historic structures and compatible new development, preservation of views and vistas and the landscape elements which contribute to the scenic character of the area, and conservation of the extensive ecologically important resources found in the Waterfront Revitalization Area. Farming is broadly defined for lands zoned within the AB District where permitted uses include but are not limited to wineries, breweries, and distilleries, greenhouses and nurseries, farm markets, and agri-tourism. A wide variety of other farm- related uses are permitted to support farm operations. These include but are not limited to lodging, restaurants, short-term entertainment, museums, and outdoor recreation facilities on a farm. Most farm-related uses are permitted subject to site plan review and approval and issuance of a special use permit. Such farm-related uses must be secondary to the primary use for agricultural purposes and must not alter the agricultural character of the farm.

Town residents have consistently indicated a desire to avoid commercial sprawl and the Town Board has adopted Zoning Amendments for uses that are compatible with preservation of estate, agricultural and environmentally sensitive areas. Commercial uses within the Waterfront Revitalization Area are generally prohibited, except for marinas, conference centers, nursery schools, kennels and farm-related uses as described above. Riding stables and facilities for skiing, skating and camping are also allowed in some districts. Mining and other resource extractive land uses are generally not permitted within the Waterfront Revitalization Area.

There are some significant non-conforming uses found within the AB District in the Waterfront Revitalization area including a golf course. No new golf courses may be established in the AB District. The one pre-existing golf course within the Waterfront Revitalization Area may be expanded subject to site plan review and approval.

VERSION 1B II-55 SEPTEMBER 10, 2020 F. Recreation and Open Space Areas

variety of recreation and open space areas are important components in the everyday lives of Red Hook residents as well as assets for visitors to the area. Map 8 illustrates parks and recreational areas, including trails. These areas provide Aopportunities for passive and active recreation and provide desirable undeveloped, naturally landscaped settings for visual appeal and environmental protection. They should be available to people of all ages, abilities and capacities.

To assess recreational needs in the Waterfront Revitalization Area, an inventory was completed as part of the 1995 LWRP and updated for this document to determine the current availability of recreation and open space areas (Figure 2.1 below). Those areas designated as “public” refer to sites where ownership is public or semi-public and access is available without permission or fee. Properties which have been included in the “semi- public” category have semi-public or private ownership with access occasionally or conditionally available to the public by permission or fee. Sites listed in the “private” category are privately owned and public access is not available. These latter sites, therefore, represent open space but limited recreation resources.

Figure 2.1 Trails and Active Sports and Ownership/ Nature Based Site Location Class Man-made Other Amenities Notes Jurisdiction Recreation Facilities

Clermont State Park (small section New York None in Hiking None in of larger Woods Rd. Public State Town WRA trails Town WRA park in Columbia Co.)

Golf course Edgewood Member- Woods Rd. Private Tennis None Club house Country Club ship courts

VERSION 1B II-56 SEPTEMBER 10, 2020 Figure 2.1 Trails and Active Sports and Ownership/ Nature Based Site Location Class Man-made Other Amenities Notes Jurisdiction Recreation Facilities

Tivoli Bays Hiking Parking Wildlife Canoe/ trails area on Management North and New York Public kayak boat Fishing None Kidd Lane Area and South Bays State hand launch Hunting Trail to Research Trapping launch Reserve

Tennis courts, swimming Hiking and pool and biking Bard College River Rd. Bard Semi- fitness trails Bike racks main campus CR 103 College Public equipment open to for students public and private membership

Picnic Hiking tables Montgomery River Rd. Bard Semi- trails Seasonal Place/Bard None CR 103 College Public open to house and campus public garden tours

Boat launch, Picnic Red Hook Dock Rd. Membership Private dock, and None tables Boat Club Barrytown storage facilities

Unification Barrytown Unification Hiking Theological Private None None Rd. Church Trails Seminary

Gazebos River Rd. Scenic Hiking Portable Poets’ Walk Public None and CR 103 Hudson trails bathrooms benches Generally, recreation areas can be classified as active or passive recreation areas. Active recreation areas contain recreational facilities such as basketball courts, tennis courts, softball and other playing fields and boat docking and launching facilities. Hunting, fishing and

VERSION 1B II-57 SEPTEMBER 10, 2020 trapping are also popular and are allowed in the Tivoli Bays Wildlife Management Area and Research Reserve.

Open space and passive recreation areas are generally used for visual appeal and for less organized, non-facility oriented activities such as hiking, exploring nature trails or bird watching. Such areas within the Waterfront Revitalization Area include the Tivoli Bays Wildlife Management Area and Research Reserve, Poet’s Walk Park, cemeteries, and historic properties open to the public. Farmland properties protected by conservation easements through the town’s Community Preservation Fund or by enrollment in the state’s Agricultural District program represent open space but with primarily visual access and with physical access by invitation only. A small equestrian trail network is maintained on public and private lands by equestrian organizations and such organizations limit public access over private properties to equestrians.

The town has an active Trails Committee that work to establish public walking and bicycle trails throughout the town. Several of these trails offer hikers scenic views of farmland, estates or natural resources within the Waterfront Revitalization Area. Others connect the Waterfront Revitalization Area with the municipal recreation park or destinations within the two villages. Additionally, the Empire State Trail enters the town at its southern border at the intersection of Route 199 and River Road/Annandale Road (CR 103), continues north to the Tivoli Bays Wildlife Management Area and Research Reserve, continuing northward through the Village of Tivoli and then entering Columbia County via Woods Road (CR 35).

In 2016, Red Hook was awarded a Hudson River Valley Greenway grant to complete amendments to the Town Highway Specifications. The grant was awarded so that the Highway Specifications incorporate “Complete Streets” design principles in line with the New York State Complete Streets Act (Section 331 of Highway Law of New York). Related to the Complete Streets program, a bicycle route has been designated along Route 199 in Red Hook Village and along River Road (CR 103) and portions of NYS Route 9 within the town.

Wetland and flood prone areas of the town adjacent to the river and its tributaries are also considered to be part of the town's open space resources. They serve important ecological and scenic functions and need to be preserved in their natural state to avoid flooding, erosion, and sedimentation problems. Use of coastal access points for recreation purposes is discussed in subsection G below.

VERSION 1B II-58 SEPTEMBER 10, 2020 Analysis of Recreation and Open Space Opportunities

The town is implementing a plan to update and expand its current active recreation park with many different types of facilities such as playgrounds, baseball fields, basketball courts, and tennis courts. This plan includes improvements to 28 acres of land purchased by the town in 2007 on the west side of Linden Avenue specifically to expand its recreational park. Once fully developed, this 28-acre area will include a trailhead and parking area that will provide access to over 300 acres of land to be protected within the Waterfront Revitalization Area by Winnakee Land Trust as part of the town’s proposed Village to Village Trail. This leaves the issue of gaining additional access to the Hudson River as the prime unmet need.

While the town recognizes that the best opportunity to develop further public access to the Hudson River in the area is within the Village of Tivoli’s riverfront coastal zone at its former railroad depot, several other possible options in the town’s Waterfront Revitalization Area in the surrounding the hamlet of Barrytown should not be overlooked. The Red Hook Boat Club is a private, membership-only facility located at the foot of Barrytown Road (CR 82) and is bounded on the south by Edgewater, formerly a private estate now owned by the Classical American Homes Preservation Trust, a non-profit organization. The Trust’s mission includes a goal to open to the public the landscapes and trails surrounding the classical American residences it protects. The boat club is bounded on the north by a residential property that includes what was once known as Red Hook Landing, an area historically used to access the Hudson River, first for commercial shipping and later for swimming, boating and fishing. Together these three properties represent almost 2,000 feet of shoreline, and the town should investigate the possibility of future partnerships with landowners and/or purchase of these properties, if possible, for future river access as they become available.

Maintaining the town’s open space and agricultural heritage has been identified as a key component of Red Hook’s character by several community surveys. As a result, the town has incorporated these goals into its land use planning via its Centers and Greenspaces Plan (adopted in 2011). In addition, the town also created a Community Preservation Fund (CPF) in 2007 which is supported by revenues from a two-percent (2%) real estate transfer tax on amounts over and above the Dutchess County median home price. This legislation allows the Town of Red Hook to protect its historic, recreational, farmland and open space

VERSION 1B II-59 SEPTEMBER 10, 2020 resources, which are vital to the future social, economic and environmental health of the town.

The CPF also effectively replaced the town’s previous Farmland Protection Program, originally established in 2003, also by public referendum. The CPF is designed for the purchase of development rights and conservation easements on agricultural resources as well as on natural and other cultural resources in the town. Some of the issues involved with protection of open space areas are included under discussions of agricultural areas (subsection B Existing Land Use) and environmentally sensitive natural areas (subsection C Physical Features).

A primary goal of the Highway Specifications amendment process is to incorporate complete streets design principles into the planning, design, construction, reconstruction, rehabilitation and maintenance of town roads so that one day, town roads within the Waterfront Revitalization Area will serve the needs of all users. These principles will support and invite multiple uses including safe, active, and ample space for pedestrians, bicycles, and as appropriate public transportation. Complete streets are more conducive to public life and efficient movement of people than roads designed to move automobiles and trucks. It is expected that the Highway Specifications amendment process will be completed following adoption of Red Hook’s Updated LWRP document.

G. Coastal Access Points

oints of access to the Hudson River represent outstanding short- and long-range recreational and open space opportunities for the Town of Red Hook (see Map 8). They are treated separately from other recreation and open space areas in the town because Pof their importance to waterfront planning, to residents’ quality of life, and to their potential for re-establishing a direct physical connection to the Hudson following decades of inaccessibility due to the railroad and private estates. An inventory (Figure 2.2) identifying coastal access points can be found at the end of this Subsection 2.G.

Since the railroad was constructed in the mid-nineteenth century, the Hudson River has played a relatively minor role in the active recreational life of the town primarily because of the

VERSION 1B II-60 SEPTEMBER 10, 2020 presence of the railroad tracks along the river and the limited public access to the river it gave rise to. The railroad severely limits safe access to the river for any kind of activity. The presence of large estates bordering Red Hook’s shoreline has also served to restrict public entry to the river.

The Tivoli Bays Wildlife Management Area and Research Reserve currently provides the only public access to the Hudson River shore in the unincorporated area of the town. A hand-carry boat launch into North Tivoli Bay is located just off Kidd Lane, near the trail from Kidd Lane to Bard College. It is the sole location in the town where a small boat can be hand launched into the river. The state boat launch has recently been improved. A second site that provides potential access to South Tivoli Bay is located at the end of Cruger Island Road. However, this site is unsuitable as a boat launching location because there is a lack of water near shore at low tide. The state DEC plans to make additional improvements at the site to make it a more suitable “Marsh Viewing Site.” At low tide, boaters can enter the Hudson River from the North Tivoli Bays boat launch by paddling beneath the railroad bridges that cross the Bays. These passages however, can be extremely hazardous, especially at times of the greatest tidal flows when an ebb tide is combined with heavy freshwater volumes flowing downstream.

While Cruger Island itself might appear to be a suitable river access point, those wishing to approach the island from the land (east) side must traverse Cruger Island Road only on foot, only at low tide and only when weather permits. No vehicular grade crossing now exists. The 1995 LWRP advanced the possibility of re-establishing a grade crossing; however, because of the fragility of the resources on the island and safety concerns, the State Coastal Management Plan did not support this proposal.

The Barrytown bridge, the only public bridge over the railroad tracks in the town, provides access to a substantial amount of privately held land in Barrytown. The bridge is needed by emergency vehicles and school buses as well as by those who must cross the tracks to access residences or the private membership Red Hook Boat Club. Decades ago, the Town Highway Department repaired the asphalt roadway of the bridge with public and private funds, and the town is Barrytown bridge currently responsible for the small section of Barrytown Road

VERSION 1B II-61 SEPTEMBER 10, 2020 extending west of the bridge, also known as Dock Road. Amtrak, which leases both the bridge and the tracks from CSX, is responsible for structural repairs to the bridge itself.

Two additional steel bridges over the tracks exist in the town. One is a vehicular bridge at the Rokeby estate, and one is a pedestrian bridge at Steen Valatje. Both are on private property, and both were built many decades ago for the sole use of the property owners. Both property owners have contractual agreements with the railroad to share bridge maintenance, and while the Rokeby bridge has recently been partially repaired, the Steen Valatje bridge is in poor condition.

Occasionally, members of the Hudson River Ice Yacht Club have sought permission to cross private land in order to launch their historic and meticulously restored iceboats on the frozen river or on Tivoli South Bay. Usually such access to the river or bay also includes crossing the railroad tracks, which is hazardous both for boaters and for the many onlookers. The exception is a launch at what was historically known as Red Hook Landing, now part Ice Yachts on the Hudson in Red of a private residential Hook’s Waterfront Revitalization Area parcel adjacent to the Red Hook Boat Club and accessible via the Barrytown bridge. While the location of suitable ice conditions and launch sites varies from year to year, ice yachting provides a unique and very popular recreational activity, bringing tourists from far outside the Hudson Valley.

The Village of Tivoli has two access points open to town residents. One is at the west end of the Village, where trustees are actively pursuing funding for shoreline stabilization and a public park. This area was undeveloped at the time this LWRP document was prepared in 2020. There is also a legal but non-functional crossing at Sycamore Point, now part of the Tivoli Bays Wildlife Management Area and Research Reserve.

VERSION 1B II-62 SEPTEMBER 10, 2020 The town has recognized the need for additional locations for public access to the river in numerous officially adopted plans and other planning documents. As part of the preparation of the 1995 LWRP, an inventory was made of all properties, dock sites, landings and points in the town that, at that time, provided river access. That inventory has been reviewed and updated for this LWRP document with a focus on the Waterfront Revitalization Area (see Figure 2.2 at the end of this section). The earlier analysis has been updated with new information to determine: a) which, if any, of the inventoried sites might provide opportunities for future public access; b) some of the advantages and disadvantages of specific sites; and c) areas where the State currently holds title to underwater lands that may be used for public access to the Hudson River. At this time, only the Tivoli Bays Wildlife Management Area and Research Reserve provides direct public access to the river in the unincorporated town.

Analysis of Coastal Access Opportunities

Several factors have limited public access to the river over the last century and a half. The primary impediment to river access has been the railroad, both the placement of the railroad tracks along the town’s shoreline as well as the policies and practices of the railroad management entities. Higher speed train traffic has limited what were once considered usable grade crossings, and bridges over the tracks are in various stages of disrepair. The railroad’s current proposal to erect six to eight foot (6’ - 8’) high fencing along the tracks, especially at the Tivoli landing, would further curtail access.

Because of the existing usable public bridge over the tracks, Barrytown would appear to offer the greatest potential for future public access to the river within the town’s Waterfront Revitalization Area. Currently all of the shoreline parcels in Barrytown are privately owned, and at the two potential access sites noted in the 1995 LWRP, permission to cross private property to the river is now more difficult to obtain. Additionally, the excess railroad land near the Red Hook Boat Club, noted in the 1995 LWRP as a possible parking area should a public access site be developed, has since been acquired by the Classical American Home Preservation Trust, which owns the Edgewater estate. Nevertheless, because of the public bridge, the town should diligently watch for opportunities as shoreline properties in Barrytown change hands. The town’s Community Preservation Plan (CPP) includes nearly all parcels adjoining the Hudson River in Barrytown, including the Red Hook Boat Club.3 If these parcels do become available in the future, the town should consider use of the Community

3 Only one of the Boat Club’s two parcels is included in the CPP.

VERSION 1B II-63 SEPTEMBER 10, 2020 Preservation Fund to purchase them and use the CPF to leverage any additional funds that may be available from other public and/or private sources.

Should a possible public access site arise, the condition of the bridge would have to be assessed before any full, long term use could be entertained. There are currently no plans to make publicly available either the private bridge at Steen Valatje or the private bridge at Rokeby. However, these structures should not be dismantled or removed as agreements with the railroad regarding these bridges are still in effect, and unforeseen opportunities for new access may arise in the future.

A second factor limiting access has been the pattern of estate development along all parts of the town's riverfront, which has restricted access to a small number of town residents. Additionally, in the last twenty years, many owners of both large and small Waterfront Revitalization Area properties have installed tall fencing, large trees and vegetation expressly to privatize their properties. Other property owners now prohibit public entry to previously open private roads that lead to the river. The result of these trends has been to further limit both physical and visual access to the shoreline. As estates are rehabilitated, renovated or possibly subdivided and/or as properties along the waterfront in Barrytown become available, it will be important to examine the inventoried access points to determine how public access can be enhanced or increased and how the land west of the railroad tracks might be utilized to increase opportunities for residents and visitors.

A third issue is the use of underwater lands. From the nineteenth century until early in the twentieth century, the state issued letters patent to various owners of shoreline properties, granting them certain rights to the underwater lands adjacent to their properties. Future opportunities to use underwater lands to provide access to the Hudson should be analyzed.

At the present time, the proposed riverfront park in Tivoli offers the best opportunity for increased public access, but the site is outside the control of the Town of Red Hook and therefore not subject to this LWRP document. The Village plan has been substantially hindered by the difficulty of constructing a vehicular crossing over or under the tracks, and the railroad’s proposed plan to erect tall fence barriers at this and other grade crossings has further jeopardized the project. The town should support Tivoli’s waterfront park project whenever feasible. Meanwhile, the town should carefully and continuously watch for opportunities as its own coastal properties change hands, especially in Barrytown. Finally, it

VERSION 1B II-64 SEPTEMBER 10, 2020 is possible that, as water levels rise because of climate change, the entire landscape along the shoreline will change, opening up new avenues for public access to the water.

VERSION 1B II-65 SEPTEMBER 10, 2020 Figure 2.2

Inventory of Hudson River Coastal Access Points, Docks, Landings

Access Point/Landing Site Site Description and Possible Advantages Apparent Disadvantages Ownership Current Access Comment Comment Listed North to South

State-owned site contained approximately 1,400 acres of wetland and upland areas acquired for preservation of high quality wetlands. Access for research, nature trips, fishing and duck hunting and field trials (training and duck hunting and field trials (training dogs for bird hunting). One pedestrian access point via grade crossing to Preserve/Sanctuary will At flood and ebb tides use Cruger Island and the remain in public Tivoli Bays Wildlife of boating passages under Hudson River. For boat ownership. Management Area— railroad bridges in North access to North Bay near owned and managed by and South Bays can be Cruger Island and Stony Combination of DEC New York State under extremely hazardous. Creek, DEC built two ownership and CSX/ the Department of small landing areas and Amtrak corridor in Environmental Cruger Island Road now small parking areas. vicinity of Cruger Island Conservation. Includes usable only for pedestrian Road. DEC may elect North and South Bay access. CSX has indicated Access possible via boat to rehabilitate Cruger areas, Cruger Island, desire to eliminate all on- from North and South Island Road and Magdalen Island in the grade crossings for reasons Bay to river and back at reinstall the grade Town and portion of safety. Has embarked low tide under railroad crossing, but probably (including Sycamore on a program to erect 6 ft. bridges. only for administrative Point) in Village of Tivoli. fencing at all grade (not public) use. crossings. Cruger Island, with causeway to shore, contains over 50 acres west of railroad. Magdalen Island, with about 8 acres west of railroad is not connected to mainland.

A parcel within the Village of Tivoli contains non-functional grade crossing from the foot of

VERSION 1B II-66 SEPTEMBER 10, 2020 Figure 2.2

Inventory of Hudson River Coastal Access Points, Docks, Landings

Access Point/Landing Site Site Description and Possible Advantages Apparent Disadvantages Ownership Current Access Comment Comment Listed North to South

Bard has allowed community use of many facilities with This property of over permission. The 300 acres has no direct Ecology Field Station is access to the River; Privately-owned college. being used for however, the Ecology Bard College – main educational and Field Station is utilized At flood and ebb tides, use campus research activities. by Bard and the Wildlife of railroad bridges Management Area for passage can be extremely Access possible via research, field trips and hazardous. boat from South Bay to approach to the Tivoli river and back at low South Bay. tide under railroad bridges.

Sizable portion of South Bay and Hudson River Private institution-owned underwater lands and parcel; no direct access Bard College -- Skillipot Island owned as from land to Hudson River, Grounds open for Montgomery Place part of 175-acre estate. except by use of small public viewing. Campus Privately owned property boats across South Bay adjacent to Tivoli Bays and under railroad Wildlife Management bridges. Area

Access to site via Scenic, wooded parcel Barrytown Bridge and In private ownership. west of railroad with Heron point, parcel private road/railroad Access via private road/ upland area of 4.24 privately owned by service road. Might service acres and underwater Casella Wood LLC complement public road has been prohibited lands, all totaling 23 landing/boat launch by residents living on road. acres. next to Boat Club.

In private ownership. Residential property with Access to site via Parcel privately owned Access via private road/ access via Barrytown Barrytown Bridge and by Bloch/Wolfe, 0.47 service Bridge and private road/ private road/railroad acres road has been prohibited railroad service road. service road by residents living on road.

VERSION 1B II-67 SEPTEMBER 10, 2020 Figure 2.2

Inventory of Hudson River Coastal Access Points, Docks, Landings

Access Point/Landing Site Site Description and Possible Advantages Apparent Disadvantages Ownership Current Access Comment Comment Listed North to South

Parcel classified as In private ownership. residential with access Access to site available Access via private road/ Parcel privately owned via Barrytown Bridge via Barrytown Bridge service by Livingston Ice House and private road/ and private road/ road has been prohibited LLC 1.1 acres. railroad service road. railroad service road. by residents living on road.

In private ownership. Residential property with Access to site available Access via private road/ Parcel privately owned access via Barrytown via Barrytown Bridge service by Bump - 0.50 acres. Bridge and private road/ and private road/ road has been prohibited railroad service road. railroad service road. by residents living on road.

Part of this waterfront parcel was historic Red Currently in private Parcel privately owned Hook Landing. Access to site available ownership. Bulkheads at by Smith – 1.58 acres Possibility that deep over Barrytown Bridge. former landing are in plus underwater lands. water docking still disrepair. available as part of this parcel.

Boat club has docking and storage facilities for Red Hook Boat Club---two boats and area for Access to site available Membership club in private parcels with total of parking of cars. Recent over Barrytown Bridge. ownership. about 2.0 acres. improvement to bulkheads and docks.

Northern parcel is 2.3 acres, and southern Access via Barrytown Two residential parcels parcel is 11+ acres Road. Sizable portion owned by Classical including underwater of land with historic In private ownership. American Homes lands. estate that has been Preservation Trust. Southern parcel includes restored. Edgewater estate with protected cove area.

VERSION 1B II-68 SEPTEMBER 10, 2020 Figure 2.2

Inventory of Hudson River Coastal Access Points, Docks, Landings

Access Point/Landing Site Site Description and Possible Advantages Apparent Disadvantages Ownership Current Access Comment Comment Listed North to South

1.78 acres west of the tracks between Potential for utilizing Vacant land (owned by Barrytown Road and portion of site for Classical American Station Hill Road. Open parking if waterfront In private ownership. Homes Preservation space and possible parcel used public Trust ) parking area for recreation. Edgewater Estate.

230+ acre estate Sylvania including Picnic includes Picnic Point, an In private ownership. Point (owned by Lerrick). area west of the tracks of about one acre.

300+ acre estate parcel plus approximately 4 acre parcel of upland west of the railroad Rokeby including Astor Existing bridge could tracks. Waterside parcel Point (owned by Rokeby be repaired to give includes deteriorated Land currently in private LP). 2 parcels – estate access to large parcel pier and deed to 20+ ownership. Bridge is jointly parcel and additional of land west side of acres of underwater owned by CSX/Amtrak parcel west of tracks that railroad and lands and island. and Aldrich family. Not includes substantial deteriorated pier could Chanler Island used by for public use. underwater lands and be repaired or Coast Guard as site for a Chanler Island. replaced. permanent navigation beacon. Private vehicular bridge across railroad tracks.

122 acres, includes 11 acres of underwater lands. From parking lot, Poet’s Walk Park (owned walking trail leads to by Scenic Hudson Land scenic overlooks No direct access to the Trust) providing views of the water. river, the Catskills and the Kingston-Rhinecliff Bridge. Open daily to public from dawn to sunset

VERSION 1B II-69 SEPTEMBER 10, 2020 Figure 2.2

Inventory of Hudson River Coastal Access Points, Docks, Landings

Access Point/Landing Site Site Description and Possible Advantages Apparent Disadvantages Ownership Current Access Comment Comment Listed North to South

144 acres. Minimal portion of land on river side of tracks, but some Land currently in private Bridge could be 20 acres of underwater ownership. Little upland Steen Valetje (owned by repaired. Extensive lands are part of estate west of railroad. Bridge Sosnoff). underwater land west property. Private privately owned and not of railroad tracks. pedestrian bridge across for public use. railroad currently in state of disrepair

H. Utilities

1. Water Supply

urrently there is no public community water supply system serving the Waterfront Revitalization Area within the unincorporated area of the town. The Village of Tivoli has a municipal water supply, as does the Village of Red Hook. Some years ago, the Ctown took over and now manages the wells and distribution system of a residential development located east of the Waterfront Revitalization Area. The town has no current plans to extend service to the unincorporated Waterfront Revitalization Area.

The Village of Tivoli at one time made occasional water withdrawals from the Stony Creek but now relies entirely on groundwater wells. It is currently undertaking a $10 million project to upgrade both its water supply and wastewater systems. The Village of Red Hook utilizes municipal wells that draw from groundwater aquifers located southeast of the Village and outside of the Waterfront Revitalization Area. Most town residents utilize individual wells that draw from groundwater aquifers located outside of the coastal area.

VERSION 1B II-70 SEPTEMBER 10, 2020 The two large institutions in the coastal area have central water supply systems. Bard College draws water from the Saw Kill Creek and serves all the buildings on its main campus. Its facility at Montgomery Place pumps water from groundwater wells. The Unification Theological Seminary in Barrytown, once known as Massena, pumps water from three groundwater wells to a water tower which serves all the buildings on the property.

2. Sewer Systems

Currently there is no public community wastewater system in the Waterfront Revitalization Area within the unincorporated area of the town. Individual residences and businesses in this area utilize individual septic disposal systems. Approvals for new septic systems are obtained through the Dutchess County Behavioral and Community Health Department, where records and maps are archived.

The Village of Tivoli has an existing municipal wastewater system that discharges into Stony Creek. This system will soon undergo substantial upgrades as part of the village’s water and wastewater project. Operation and maintenance of that system is slated to be transferred to the Dutchess County Water and Wastewater Authority.

The Village of Red Hook will soon be installing a municipal wastewater treatment system located outside of the waterfront area. The effluent will flow into a tributary of the Saw Kill Creek.

The two institutions within the waterfront area have monitored wastewater treatment plants. At the Bard College main campus, the effluent from the plant discharges into the Saw Kill Creek. The Montgomery Place Campus is not connected to the college plant but instead utilizes septic fields. The Unification Theological Seminary’s main building is connected to a wastewater treatment plant that discharges into a cove in South Tivoli Bay. Residences on that property have individual septic systems.

VERSION 1B II-71 SEPTEMBER 10, 2020 3. Other Utilities

Electric power distribution within and outside the Waterfront Revitalization Area is provided for area residents by Central Hudson Gas and Electric Corporation. Landline, cell and cable services are available through a number of carriers. Where these services are currently available, they have generally utilized utility poles or cellular antennas.

Within the waterfront area, Bard College in 2013 began installation of a 280 kw ground- mounted solar array comprised of 1,164 panels. The town’s permitting process required that the array not be visible from any public viewing location. The college incorporates ground- source heating and cooling systems in its new construction and renovation projects and is also planning an experimental micro-hydro generation system on the Saw Kill Creek.

In December 2019, the town and Villages of Red Hook and Tivoli, together with developer Sun Common, completed a 1.73 mw solar array project that provides power to residents throughout the entire town, including many within the WRA. In six years, there will be an opportunity for the municipalities to purchase the project.

4. Analysis of Utilities

Lack of availability of public water and wastewater treatment in the Waterfront Revitalization Area limits development opportunities. Current low intensity zoning appears appropriate due to absence of utilities, to environmental constraints and to the residents’ desire to preserve the scenic landscapes and rural character of the area.

The health of the creeks and bays should continue to be monitored, and the town should work in close cooperation with Bard College and community groups to see that testing is done and reports are submitted on a regular basis.

Solar and other renewable energy systems have been a growing focus of the town since it adopted its Energy and Climate Action Plan in 2012. In 2018, the town implemented legislation to allow roof-top solar panels in most zoning districts. Small, medium and large scale ground-mounted systems are also permitted in various zoning districts including some within the Waterfront Revitalization Area.

VERSION 1B II-72 SEPTEMBER 10, 2020 Use of utility poles, cellular antennas, solar energy systems and wind turbines for electric, telephone and cable communication services often results in aesthetically discordant elements in otherwise scenic vistas and viewsheds. Poles, wires, wind turbines and solar arrays mar natural and historic scenic vistas and sights along scenic roads, and their installation can result in disfigured or destroyed trees. New development should utilize underground wiring, stealth technology designs and use of other hidden transmission systems.

I. Transportation

1. Highways, Roads and Streets

ll public roads or streets in the Waterfront Revitalization Area of the town are two- lane. The major coastal area route is the north-south oriented State Route 9G. A significant amount of the traffic to and from Route 199 and the Kingston-Rhinecliff ABridge comes onto 9G, which was created, in part, to protect scenic estate areas along River Road/Annandale Road (County Route 103). Other roads within the Waterfront Revitalization Area include the east-west Barrytown Road, generally used for local traffic. The Dutchess County LOOP bus currently provides some public transportation within the Waterfront Revitalization Area, and the Bard College shuttle bus provides students with service within the main campus, to and from the Montgomery Place Campus and into the Villages of Red Hook and Tivoli. Taxis and ride-hailing services are also available.

An on-road section of the Empire State Trail is planned for River Road from Bard College’s main campus south to the town’s boundary with the Town of Rhinebeck. A new lower speed limit on River Road/Annandale Road (County Route 103) has been coupled with various traffic calming measures in an effort to make travel safer for pedestrians and bicyclists.

2. Analysis of Highways, Roads and Streets

State Route 9G, oriented in a north-south direction at the eastern end of the Waterfront Revitalization Area, is a well-functioning primary transportation artery in the area. Parallel to it

VERSION 1B II-73 SEPTEMBER 10, 2020 and closer to the river, River Road/Annandale Road (County Route 103) is an historic road built to serve the 18th century riverfront farms. State Route 9G was created to provide a wider, improved transportation path that would bypass the old alignment and local traffic. At this time the road system in the Waterfront Revitalization Area is adequate.

The relatively recent addition of the Bard College shuttle bus, which travels continuously on River Road/Annandale Road between Bard’s main campus and its Montgomery Place Campus, contributes to the traffic volume on this short span of roadway. As the Montgomery Place campus evolves, the traffic on this section could see continued increases.

The impacts of the Empire State Trail are as yet unknown. The traffic calming modifications to River Road and the probable increase in hikers and bicyclists along that road should be monitored closely. Also, proposed new Trail and traffic signage should be carefully evaluated for possible negative visual impacts to this designated scenic road and to the unique scenic vistas and landscapes that contribute to its beauty.

J. Sea Level Rise

he Town of Red Hook contains about seven miles of shoreline along the Hudson River. The entire shoreline of the town is considered an estuary, which means that the Hudson is an “arm of the sea” in Red Hook’s Waterfront Revitalization area. The Twater levels of the Hudson River rise and fall each day in Red Hook with the flood and ebb tides constantly responding to the Atlantic Ocean’s tidal fluctuations. The Native people’s name for the Hudson River was “Mahicannituck” or the “river that flows both ways.” Any changes in the sea level of the Atlantic will be reflected in the shoreline water levels of the Hudson River in Red Hook.

Scientific measurements of sea levels along the Atlantic seaboard have identified a slow but steady rise as a result of climate change. According to the state Department of Environmental Conservation, since 1900, sea levels in the state’s coastal waters have risen more than 12 inches. Initially, tide gauges measured sea level rise. Today, satellite altimetry, by which satellites measure the actual height of the ocean surface with lasers, is used to more accurately keep track of how sea levels are rising. We know that sea levels are rising

VERSION 1B II-74 SEPTEMBER 10, 2020 from thousands of measurements taken around the world, and we also know from these measurements that the increases in sea level rise have been accelerating. According to the National Oceanic and Atmospheric Administration (NOAA), combined tide-gauge and satellite altimetry data indicate that average global sea levels rose by around eight (8) inches between 1880 and 2014. The 20th-century average global sea level rise had been about 1.7 millimeters (about 1/16th inch) per year; since 1993 the average rate has nearly doubled — to about 3.2 millimeters (about ⅛th inch) per year.

Global sea level rise is caused by increased global temperatures. As heat from the atmosphere is transferred into the oceans, the water warms. As water warms, it expands, increasing the oceans’ volume and sea levels rise. Increased temperatures also mean increased melting of land-based ice, such as glaciers and ice sheets. As glaciers melt, their freshwaters enter the oceans — and sea level rises. This is almost entirely due to the increasing carbon dioxide that is released into the atmosphere as a result of the use of fossil fuels including coal, oil and natural gas. Worldwide, emissions of carbon dioxide from fossil fuel use are increasing.

Projections of sea level rise have been calculated by scientists and range anywhere from a foot and a half to several feet of rise expected by 2100 in the Hudson river. Map 9 shows areas that are projected to be inundated by sea-level rise by 2100. Scientists provide ranges of projected sea level rise based upon different assumptions of how fast and how extensive sea levels will rise along New York's coastlines and estuaries. According to the DEC, some level of rise will occur along Red Hook’s riverfront. Sea-level rise is already locked in for centuries by heat-trapping greenhouse gases already in the atmosphere. Continued or increased emissions will speed up the rise to higher levels, which is the basis for New York state’s sea level rise projections. New York State promulgated Sea Level Rise projections into regulations adopted in 2017. Part 490 (6 NYCRR), Projected Sea-level Rise - Express Terms, are shown in the Table below. The projection for Red Hook’s shoreline in 2100 could be as high as 71 inches or more. New York State uses the Part 490 Regulations to

VERSION 1B II-75 SEPTEMBER 10, 2020 consider sea-level rise by state agencies and applicants for relevant state permits, approvals, and funding in the context of programs specified in the New York State Community Risk and Resiliency Act.

Except for a small area along the Hudson River in Barrytown, where homes (and a boat club) have been developed along the river’s shoreline, most of Red Hook’s coastal area consists of steep slopes and elevations significantly higher than the 71 inches above the highest projected levels of the Hudson River Estuary for the year 2100. The railroad defines most of Red Hook’s shoreline on the Hudson except in Barrytown. Nevertheless, for those landowners who are closest to the river’s shoreline and for the railroad, it is important to be prepared for the future, when daily tidal fluctuations can be expected to be higher, as well as for when large storm events, such as Superstorm Sandy, occur. Common adaptation approaches for Red Hook should include the following:

• Enhancing emergency management and developing and securing evacuation routes • Communicating with community members about flood preparedness • Developing long-term plans for at-risk municipal infrastructure • Evaluating zoning and building codes and identifying policy to reduce vulnerability • Restricting development of new structures and infrastructure within areas identified as subject to sea level rise or in areas identified with highly erodible soils where there is a risk of slumping during or after storm events • Continuing to support preservation of natural protective coastal features that improve coastal resilience. This includes all areas that lie within the projected zone of sea level rise, as well as the adjacent areas which would become the new buffer zone. Important vegetated buffer zones that today protect the area’s wetlands, streams, and river are expected to flood in future. It is important that the new buffer lands are protected now so they can help adaptation efforts and remain available as water levels rise. • Enhancing Red Hook’s stormwater management regulations to ensure that future storm events are sufficient to protect land and water resources within the Waterfront Revitalization area

Scenic Hudson Inc., a not-for profit organization dedicated to protection of the Hudson, has developed an online Sea Level Rise Mapper that illustrates several sea level rise scenarios for the Hudson River. Scenic Hudson’s highest projection is shown on four aerial photographs of Red Hook’s coastal area on the following pages. The areas shown in light blue are those

VERSION 1B II-76 SEPTEMBER 10, 2020 locations along the Hudson that can be expected to be inundated by a rising Hudson River of up to 72 inches by 2100. Note that Scenic Hudson’s projections do not precisely match New York State’s projections, shown on the previous page. The most recent models and projections of sea level should be used in determining the most appropriate adaptation strategies at the time of any proposal in the Waterfront Revitalization Area.

Red Hook has a very limited number of structures that are expected to be affected by sea level rise over the next 80 years due to the town’s steeply sloping terrain along the Hudson. Perhaps the most endangered of these is Edgewater, a contributing property in the Hudson River National Historic Landmark District that is listed on the National Register of Historic Places. As the name implies, Edgewater’s estate buildings and surrounding lands can be expected to be detrimentally affected by sea level rise over the coming decades. Four private residential dwellings in Barrytown may be affected by sea level rise. The Bard College Field Station on South Tivoli Bay may also be affected by sea level rise.

The railroad and water dependent facilities such as docks are expected to be affected by sea level rise within the town. In addition, current wetlands and other important habitats and natural areas along the river may be lost to rising water levels. Red Hook however, can play a role in adapting to climate change by ensuring that no new structures or infrastructure are permitted within the areas potentially affected by sea level rise, including vegetated buffers. The town can also strengthen its Townwide stormwater management regulations to adapt to more frequent and more intense storms so that water resources and soils with a risk of slumping within the Waterfront Revitalization Area are protected from some of the worst effects of a changing climate. Some small wetlands and many first and second order streams4 are not currently protected by state or federal water resource protection regulations, even though they represent a majority of all stream miles and provide flood mitigation and water quality protection services for free. The Town Planning Board should continue to use its authority under the Zoning Law’s special use permit rules to protect all wetlands and streams in the Waterfront Revitalization Area.

4 Strahler's stream ordering system is a classification based on stream/tributary relationships. The uppermost channels in a drainage network (i.e., headwater channels with no upstream tributaries) are designated as first-order streams down to their first confluence. A second-order stream is formed below the confluence of two first-order channels. Third-order streams are created when two second-order channels join, and so on.

VERSION 1B II-77 SEPTEMBER 10, 2020 Scenic Hudson Sea Level Rise Mapper Projections for the Town of Red Hook

Note: Dark blue areas show the Hudson River in 2020. Light blue areas show upland areas projected to be inundated by sea level rise by 2100.

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