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Orangetown board adopts preservation fund laws, sets 0.3% transfer tax for referendum
Summary
The Orangetown Town Board on July 14 adopted local laws to create a community preservation fund and advisory board and to adopt a community preservation plan; it also approved a 0.3% real estate transfer tax that will appear on a mandatory referendum. Residents traded concerns about tax burden and representation during a lengthy public hearing.
Orangetown Supervisor Theresa Kenny and the Town Board voted July 14 to adopt a package of local laws creating a community preservation fund, establishing a community preservation project plan and setting a 0.3% one-time real estate transfer tax that will be placed on the ballot as a mandatory referendum.
The board’s action followed a public hearing attended by a mix of residents who urged both support for preserving open space and caution about adding a tax. “I believe it's really a terrible idea and affects many, and it's for the town advantage and citizens disadvantage,” said Sheila Schneider, who opposed the transfer tax and voiced concerns about its impact on seniors. Supervisor Kenny interrupted to clarify the town’s proposal: “This is something the buyer pays,” she said, explaining the tax is paid at closing and the revenue would be placed in an earmarked fund restricted to preservation purchases.
Why it matters: The fund is intended to give the town a dedicated revenue source to buy land or conservation easements from willing sellers for open-space, historic, agricultural and flood‑mitigation purposes without relying on ad hoc bonding or reallocating the general budget. The board and the advisory committee will apply a scoring formula in the adopted plan to identify properties for possible purchase.
Residents split over tradeoffs. Eileen, a longtime resident, said the town should not burden incoming homeowners with another tax: “There should be no new tax for homeowners coming into the town.” By contrast, supporters such as Jim Cleary, who said he hikes extensively in Orangetown and cited waterways and historic structures as reasons to act, told the board he “support[ed] the board's proposal.” Several speakers asked that hamlet representation be guaranteed on the advisory board so that Palisades, Blauvelt, Tappan and other neighborhoods have a voice.
Board clarifications and limits: Supervisor Kenny emphasized that purchases would require willing sellers and that the town cannot use eminent domain to acquire properties through the fund. She said the committee that prepared the plan used a points-based formula — considering proximity to parks, vacancy, historic value and other factors — to rank properties eligible for recommendation to the board.
Vote and next steps: The board declared a negative environmental impact statement (SEQR) and adopted the local laws by voice vote. The local law imposing the 0.3% real estate transfer tax was adopted but will be subject to a mandatory referendum before it becomes effective. The board also said a nonprofit group will handle informational mailings to comply with New York State rules restricting the use of town funds in referendum campaigns.
What’s next: Voters will decide the transfer tax in a future referendum; the town will stand up the advisory board and begin outreach on the preservation plan and scoring criteria.
