NOTICE OF PUBLIC HEARING ON PROPOSED PROJECT AND FINANCIAL ASSISTANCE RELATING THERETO
Notice is hereby given that a public hearing pursuant to Section 859-a(2) of the General Municipal Law of the State of New York (the “Act”) will be held by County of Delaware Industrial Development Agency (the “Agency”) on the 30th day of May, 2017 at 12 o’clock noon p.m., local time, at the Roxbury Town Hall, located at 53690 NY-30, in the Town of Roxbury, Delaware County, New York in connection with the following matters:
Masserson Holdings, LLC, a New York limited liability company (the “Company”), has presented an application (the “Application”) to the Agency, a copy of which Application is on file at the office of the Agency, requesting that the Agency consider undertaking a project (the “Project”) for the benefit of the Company, said Project consisting of the following: (A) (1) the acquisition of an interest in an approximately 7.6 acre parcel of land located at 48 County Highway 41 and 26 Park Street (Tax Map No. 178.-1-46 and 157.3-1-67, respectively) in the Town of Roxbury, Delaware County, New York (the “Land”), together with the various buildings located thereon containing in the aggregate approximately 9,000 square feet of space (collectively, the “Existing Facility”), (2) the renovation of the Existing Facility, (3) the construction of new buildings and other improvements, including, but not limited to, parking areas, a swimming pool, observation decks, and hiking trail system, on the Land containing in the aggregate approximately 13,000 square feet of space (collectively, the “Facility”); and (4) the acquisition and installation therein and thereon of certain machinery, equipment and other personal property (collectively, the “Equipment”), all of the foregoing to constitute an overnight resort and spa facility and other directly and indirectly related uses; (B) the granting of certain “financial assistance” (within the meaning of Section 854(14) of the Act) with respect to the foregoing, including potential exemptions from certain sales and use taxes, real property taxes, real estate transfer taxes and mortgage recording taxes (collectively, the “Financial Assistance”); and (C) the lease (with an obligation to purchase) or sale of the Project Facility to the Company or such other person as may be designated by the Company and agreed upon by the Agency.
The Agency is considering whether (A) to undertake the Project, and (B) to provide certain exemptions from taxation with respect to the Project, including (1) exemption from mortgage recording taxes with respect to any documents, if any, recorded by the Agency with respect to the Project in the office of the County Clerk of Delaware County, New York or elsewhere, (2) exemption from deed transfer taxes on any real estate transfers, if any, with respect to the Project, (3) exemption from sales taxes relating to the acquisition, construction, reconstruction and installation of the Project Facility, and (4) in the event that the Project Facility would be subject to real property taxation if owned by the Company but shall be deemed exempt from real property taxation due to the involvement of the Agency therewith, exemption from real property taxes (but not including special assessments and special ad valorem levies), if any, with respect to the Project Facility, subject to the obligation of the Company to make payments in lieu of taxes with respect to the Project Facility. If any portion of the Financial Assistance to be granted by the Agency with respect to the Project is not consistent with the Agency’s uniform tax exemption policy, the Agency will follow the procedures for deviation from such policy set forth in Section 874(4) of the Act prior to granting such portion of the Financial Assistance.
If the Agency determines to proceed with the Project, the Project Facility will be acquired, constructed, reconstructed and installed by the Agency and will be leased (with an obligation to purchase) or sold by the Agency to the Company or its designee pursuant to a project agreement (the “Agreement”) requiring that the Company or its designee make certain payments to the Agency.
The Planning Board of the Town of Roxbury has made a determination dated May 20, 2015 pursuant to Article 8 of the Environmental Conservation Law (the “SEQR Act”) to issue a “negative declaration” with respect to the Project.
The Agency will at said time and place hear all persons with views on the location and nature of the proposed Project, or the Financial Assistance being contemplated by the Agency in connection with the proposed Project. A copy of the Application filed by the Company with the Agency with respect to the Project, including an analysis of the costs and benefits of the Project, is available for public inspection during business hours at the offices of the Agency. A transcript or summary report of the hearing will be made available to the members of the Agency.
Additional information can be obtained from, and written comments may be addressed to: Glenn Nealis, Executive Director, County of Delaware Industrial Development Agency, One Courthouse Square, Suite 4, Delhi, New York 13753; Telephone: 607-746-8595.
Dated: May 18, 2017.
COUNTY OF DELAWARE INDUSTRIAL DEVELOPMENT AGENCY
Glenn Nealis, Executive Director