MAILED TO ALL TOWN OF MILO RESIDENTS ON 12/26/25:

Important Update Regarding the Annexation Legal Battle and Preservation of Our Agricultural Community

Dear Town of Milo Taxpayers:

The Town of Milo Board is writing to provide you with a critical update regarding the proposed annexation of 72 acres of prime farmland currently owned by the Industrial Development Agency (IDA), located at 2442 Old Rte. 14A (“Property”).

• The IDA purchased the Property for an expansion project. When that fell through the IDA claimed it wanted to develop high density, part-market priced and part-affordable housing units on agriculturally zoned land.   Neither use is allowed under the current zoning.  
• The Town was not consulted regarding the Town’s zoning laws or whether the IDA’s proposed project was permissible in the agricultural zone.  It is not. 
• The IDA is now trying to move forward with its plan that calls for an unrealistic 10% increase in the number of households (250-500 units) in the Village.
• The Village of Penn Yan through the IDA has continued to proceed with attempts at annexing the land into the Village by filing a lawsuit against the Town. We believe it is important to share with you that the legal defense has currently cost Town of Milo taxpayers over $91,000 with costs projected to increase as the case moves forward.
• The IDA informed the community and the appellate court that they had a definitive plan to develop the Property, but they recently told a local court all they had was a concept plan.

The Town of Milo is dedicated to upholding the Town Zoning Law, our Comprehensive Plan, the Yates County Agricultural & Farmland Protection Plan and State policy to promote the agricultural industry.  The Town is committed to protecting the community’s values by stemming the attempted conversion of prime agricultural land, preserving open space and agricultural resources, protecting and promoting continuation of agriculture in the Town, encourage farming and to ensure the rural character of the area.

With that commitment, the Board is exploring the use of eminent domain to acquire interests in the Property for the public benefit and purpose of public purpose to preserve open space and agricultural resources, protect and promote continuation of agriculture in the Town, encourage farming and to ensure the rural character within the area as envisioned in the Town and Yates County plans and State policy.  Eminent domain is the government's inherent power to acquire property for the public benefit and use. The potential acquisition of interests in Property is not only necessary but critical to the preservation of farmland, agricultural use and open space and would include the land, buildings and other improvements. The Town may achieve this goal by acquiring an agricultural conservation easement, which would protect the Property for future generations, or by acquiring all interests in the property and placing a conservation easement on the property after acquisition.

The first step in the Town’s deliberative process is to hold a public hearing to inform the public about the proposed project, review the public use to be served by the proposed project and provide Town of Milo taxpayers an opportunity to present oral or written statements concerning the project.

A public hearing is scheduled for February 23, 2026 at 6:00 PM at the Town of Milo Hall, 137 Main St.

We value the sense of community we share and work tirelessly to protect the agricultural farming character of our Town. Preserving agriculture, maintaining open spaces, and supporting our established zoning laws and local planning documents remain our Board’s top priorities. We believe these protections are essential to the long-term health and identity of Milo.

We Want to Hear From You

As we continue this battle for agricultural preservation, your voice is essential. We encourage you to share your thoughts, concerns, or questions with the Board as we navigate this challenge.

• Email us at: supervisor@townofmilo.com  
  • clerk@townofmilo.com

Visit our website at www.townofmilony.gov

                Resolution and public hearing notices are available on the website.

Respectfully,

Supervisor Leslie Church

Deputy Supervisor Dale Hallings

Councilmember James Harris

Councilmember Arden Sorensen

Councilmember Gene Spanneut

PUBLIC HEARING FEBRUARY 23, 2026 6:00 PM

RESOLUTION 95-25

TOWN BOARD OF THE TOWN OF MILO RESOLUTION

CALLING FOR A PUBLIC HEARING ON THE PROPOSED ACQUISITION OF INTERESTS IN 72.76+/- ACRES OF PROPERTY LOCATED AT 2442 OLD ROUTE 14A IN SUPPORT OF THE MILO AGRICULTURAL FARMLAND PRESERVATION PROJECT

Introduced by: Councilperson Spanneut

Seconded by: Councilperson Harris

WHEREAS, the Town Board of the Town of Milo (the “Town Board”) is considering the acquisition by eminent domain of the following property interests located in the Town of Milo:  approximately 72.76 +/- acres of prime farmland located at 2442 Old Route 14A, Tax Map Number 61.02-1-6.11 (the “Property”) which is currently utilized as open space, agricultural,  farmland including a vacant, 1860 vintage, single family residential structure and barn structures located at the eastern boundary of the Property; and

WHEREAS, the Town Board is considering said acquisition of certain interests in the Property for the public purpose to preserve open space and agricultural resources, protect and promote continuation of agriculture in the Town, encourage farming and to ensure the rural character of the area (“Project”) which furthers the goals of:

(1) the 2023 Yates County Agricultural & Farmland Protection Plan to minimize conversion of farmland from residential development to tourism, second homes and short-term rental housing due to the “potential to take farmland out of production” and specifically “discouraging residential developments on large lots and encouraging density averaging (“cluster”) subdivision designs.” (See p. 48);

(2) the Town Comprehensive Plan, Community Character Goals 1 and 2 of the Town’s Comprehensive Plan to preserve the rural agrarian landscape of the Town of Milo, and natural beauty created by the landscape, protect the key scenic and open space resources of the Town for the enjoyment of present and future generations, and to preserve for future generations the prime agricultural soils and soils of statewide importance in the Town;

(3) the State of New York’s express public policy “…to promote, foster, and encourage the agricultural industry” which is “basic to the life” and “vitally concerns and affects the welfare, health, economic well-being and productive and industrial capabilities” of NY residents (see Agriculture and Markets Law §3); and

(4) preservation of “open space” or “open area” to protect natural scenic beauty that would maintain or enhance the conservation of natural or scenic resources such as “agricultural lands defined as open lands actually used in bona fide agricultural production” supports acquisition by a condemning authority (see General Municipal Law 247 (1)-(2)); and

(5) to maintain a green space buffer between town residents and the Village of Penn Yan at the northern end of the town.

WHEREAS, the Town Board hereby determines that there are no viable alternate locations for the proposed public Project because 1) the Property is currently zoned Agricultural and is used for bona fide agricultural production of grain-corn, soybeans and wheat generating $50,000 annually for local farmers and utilized by a local company, Birkett Mills; 2) the Town seeks to preserve the vital agricultural nature and prime farmland use of the Property and maintain open space within the Property boundaries; and 3) the Yates County IDA as current owner and its preferred developer have proposed the Finger Lakes Mixed Use Housing Project, a high density mixed residential and commercial use project which, as proposed, is in direct conflict with the Town’s Comprehensive Plan and zoning law and Yates County Agricultural & Farming Plan by eliminating approximately 72.76 +/- acres of prime farmland.

WHEREAS, the Town Board wishes to hold a public hearing under Article 2 of the Eminent Domain Procedure Law with respect to the Property to allow the owner(s) and the public to provide information at the hearing to be considered by the Town Board.

NOW THEREFORE, BE IT RESOLVED by the Town Board of the Town of Milo as follows:

1. A public hearing will be held on February 23^rd , 2026 at 6:00PM, local time, at the Town of Milo Town Hall, 137 Main Street, Penn Yan, NY 14527: (a) to inform the public of the Town Board’s proposal to take, by eminent domain, all the real property located at 2442 Old Route 14A, Town of Milo, Yates County, Tax Map Number(s) 61.02-1-6.11; and (b) to review both the public use to be served by the proposed acquisition, as well as the impact on the environment and residents of the locality where those actions will occur.
2. The Town Clerk is directed to publish the attached Public Notice in the Town’s Official Newspaper, The Chronicle Express, which is a weekly paper, in two successive weekly issues, with the first publication no less than ten nor more than 30 days before the hearing, and to post the Public Hearing Notice at Town Hall.
3. The Town’s special counsel is to mail notice of the hearing, certified mail, return receipt requested, to the record owners of the subject property, no less than ten nor more than 30 days before the hearing, and upon their counsel of record. The Town’s special counsel is also directed to complete personal service upon the property owner.
4. Town staff and special counsel are authorized to take such steps as are necessary to effectuate the purposes of this Resolution.
5. This Resolution is effective immediately.

PASSED AND ADOPTED by the Town Board of the Town of Milo the 15th day of December, 2025.

Motion Carried:               Ayes:    Church, Harris, Sorensen, Spanneut

                                        Noes:   None

                                        Abstained: Hallings