Angle Fly Preserve Conservation Easement Modification
In 2006 DEC acquired a conservation easement on 370 acres in the Town of Somers, Westchester County, a portion of lands formally known as the Eagle River property. The acquisition was part of a larger conservation project involving several partners to protect the entire 654 acre Eagle River property. The underlying fee title to the 370 acre property covered by the easement was acquired jointly by Westchester County and the Town of Somers. New York City acquired an adjacent, 269-acre parcel near the Amawalk Reservoir, part of the Croton Watershed System maintained by the City. An additional 15 acres was acquired by the Town of Somers to develop recreational fields, a parking area and a community center.
This hilly, heavily-wooded property provides a scenic resource in the center of the Town of Somers and critical habitat for turtles, salamanders, deer, fox, wild turkeys, bobcats and other wildlife. It includes a large portion of the Angle Fly, a vibrant brook trout-spawning stream in Westchester County.
The conservation easement established an Open Space Recreation Area which encumbers parcels A thru D and Parcels 1 & 2 encompassing 355.82 acres. It also established an Athletic Field Area which encumbers Parcel E of 14.24 acres. The Athletic Field Area easement allows for the development of athletic fields, which would otherwise be prohibited on the Open Space Recreation Area lands.
The Proposed Modification
In 2012 the Town of Somers requested a modification of the conservation easement to allow them to develop athletic fields on Parcel A rather than Parcel E due to the more favorable terrain and ease of access of Parcel A. They proposed an amendment to the Angle Fly Conservation Easement by reassigning Open Space Recreation Area Parcel A to Athletic Field Area in exchange for reassigning Athletic Field Area Parcel E to Open Space Recreation Area A.
- View the proposed Angle Fly Conservation Easement modification (PDF).
- View a map showing the existing area designations and the proposed area designations (PDF).
Conservation Benefit
Pursuant to 6 NYCRR Part 592 (leaves DEC website) of DEC regulations, any modification to a conservation easement must result in a net conservation benefit to the State of New York. DEC staff reviewed the proposed modification and concluded the following:
- The proposed modification does not alter the purposes of the easement.
- It does not affect the perpetual nature of the easement.
- The modification complies with all policies, regulations and laws.
- The modification will result in a net conservation benefit for the following reasons:
- It reduces the number of acres available for development of athletic fields from 14 to 11, thus conserving natural habitat on 3 additional acres;
- It results in a larger contiguous area of undisturbed lands;
- It shifts development from an area of well-established habitat to an area with a history of site disturbance whose natural habitat is not yet established.
Public Comment Opportunity
The 30-day public comment period for the proposed modification ended July 31, 2019. No comments were received by the Department.
