Halsey Pond
Photo Credit June Marie
Halsey Pond is a beloved resource for our community, providing beauty for residents and supporting biodiversity. However, loss of native habitat, encroachment of invasive species, algae blooms, fish die-offs and fishing have compromised the quality of this preserve. A Friends Group is forming to help advocate for change and steward the land.
Zoom meetings: 2nd Monday of the month 7:30-8:30pm
Via zoom at https://us06web.zoom.us/j/81563727768?pwd=4byfDRnJuzlYQ262bpXNxjUhzaL6RL.1#success
To join the conversation, write to Cbinns@irvingtonny.gov
Problematic Fishing Practices at Halsey
Initiatives aimed at reducing the negative impact of discarded fishing gear and lures, such as installing special receptacles and putting up informational signs, have proven ineffective.
Wildlife conservation practices and personal experiences highlight the detrimental effects of fishing, which extends beyond the fish and affects local flora and fauna, birds, reptiles, other aquatic life, humans, and household pets.
Impact on our Community
Flora and Fauna:
Fishing activities disrupt the aquatic vegetation, which is essential for maintaining water quality and providing habitat for other species.
Other Mammals and Aquatic Life:
Discarded fishing lines and hooks can and have injured and killed birds, mammals, reptiles and other aquatic life. Kids and pets have also been caught up in the discarded fishing line.
Wildlife Conservation:
Conservation practices emphasize the importance of preserving entire ecosystems. Fishing often clashes with these efforts as it targets a single component, neglecting the interconnectedness of all life forms within the ecosystem.
Alternative Locations for Fishing in Irvington:
There are several other locations better suited for fishing in Irvington. With easier access for maintenance, policing, fencing, and parking, the Scenic Hudson Park, is much better suited for fishing than Halsey Pond.
Alternative Activities:
To foster a deeper appreciation and respect for nature, we propose promoting alternative activities that align with conservation goals and offer educational and recreational benefits without ecological harm such as:
Bird Watching:
Encourages observation of diverse bird species, fostering a greater understanding and appreciation of wildlife. See Merlin Bird App from the Cornell Lab of Ornithology.
Nature Hikes:
Provides an opportunity to explore and learn about local plants, animals, and ecosystems, promoting physical health and environmental awareness.
Canoeing/Kayaking:
Provides exercise and new perspectives.
Adding Nitrates to our Lawns contributes to Fish Kills
Eutrophication is the natural process of nutrients enriching a body of water. Eutrophication normally contributes to its slow evolution into a bog or marsh and ultimately to dry land. But Eutrophication can be accelerated by human activities.
By adding nutrients to promote the growth of our grass (which, yes, creates those beautiful, lush lawns you see on golf courses and homes), we are sending excessive amounts of nutrients to plant life at Halsey Pond (nutrient loading). The nutrients that promote our grass to grow also promotes the growth of algae. The algal blooms limit light penetration to the bottom of the pond. Lack of sunlight causes plants at the bottom of the pond to die. When plants die, their decomposition depletes oxygen in the water.
Lack of sufficient oxygen causes fish to die, i.e. fish kills.
By feeding our grass, we are inadvertently accelerating the eutrophication process of Halsey Pond into Halsey Bog.
Please, stop feeding your lawn in Legend Hollow and holes 16, 17, and 18 at Ardsley Country Club.
Opportunities
Plant to absorb nutrients and improve the water quality. This could include cattails, bulrush, hornwort (an aquatic plant) and water lilies.
Plant riparian buffers between the pond and Golf Course and Legend Hollow development. This could include sedges, ferns, sweetflag, and maybe swamp milkweed & Joe-pye weed. More information on Backyard Buffers here.
Read the 2003 Halsey Pond Report
2003HalseyPondLongTermManagementRecommendations.pdf
Conservation Easement
The Village enacted its Freshwater Wetlands code provisions in 2003. The ordinance defines Freshwater wetlands as:
Lands and waters within the Village of Irvington, as shown on the Wetlands Map or any amendments thereto, and any lands or waters within the Village of Irvington so designated by the Village’s environmental consultant and confirmed by the Planning Board and any other lands and waters within the Village of Irvington which contain any or all of the following:
Lands and submerged lands commonly called “marshes,” “swamps,” “slough,” “bogs” and “flats” and contributaries and/or outflows thereto each capable of supporting aquatic or semiaquatic vegetation and any lands and/or submerged lands confirmed to be wetlands by the Village’s environmental consultant.
Lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquatic and that has died because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a minimum seasonal water depth of six feet and provided, further, that such conditions can be expected to persist indefinitely, barring human interventions.
Lands and waters enclosed by aquatic or semiaquatic vegetation as set forth herein in Subsection A and dead vegetation as set forth in Subsection B, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.
The waters overlying the areas set forth in Subsections A and B and the lands underlying Subsection C.
See sections 1 and 2 of Subdivision Map of Phase 1 prepared for R.R. Irvington Associates, dated July 6, 1994, Map No. 25239.
History
The development of the subdivision that became Legend Hollow was long and complicated, and this memo is not intended to be a comprehensive review of all the conditions set by the Planning Board in its Resolutions and/or of the various agreements among RR Irvington Associates (the developer of Legend Hollow), the Village, Ardsley Country Club and individual homeowners in the subdivision. I wanted to highlight some issues, however, that could prompt further investigation.
The area that is today Legend Hollow was once part of a large estate owned by Carl Bresnick. His estate extended from Cyrus Field on the east to and around the southern boundary of Halsey Pond, reaching to both Hamilton Road and Havemeyer Road on the west. Halsey Pond itself was part of a separate estate that had originally been owned by the Hasley Family and extended from pond north to Harriman Road.
Carl Bresnick died in 1959, and his property was left to several nieces and nephews. Ultimately one of the nieces, Carol Pechet, was given control of the property and in 1986 she conveyed the property Hartz Irvington Associates, which planned to develop the property into a subdivision with single family homes. At the same time this was going on, a separate developer – Mar-Vera Corporation – was developing the area just to the north of Halsey Pond into single family homes.
The development of the Bresnick estate stalled for three years because the Village imposed a moratorium on development as it updated it zoning laws and because of litigation brought by competing developers. That moratorium was lifted in early 1989 when the Village enacted updated zoning and development ordinances.
In part to resolve issues presented by these new ordinances and to address the concern of the residents along Havemeyer Road, in 1990 Hartz Irvington Associates abandoned its plan to build homes to the south and west of Halsey Pond and agreed to dedicate to the Village as parkland the property surrounding the east, south and west of Halsey Pond. At the same time, it pushed ahead with the development of Irvington Manor subdivision to the east of the Pond.
An important issue for the Village was the possible impact on Halsey Pond of this new subdivision to the east of the Pond. As part of the planning process for the new subdivision, in December of 1990 environmental consultants hired by Hartz Irvington Associates issued a “Limnological Survey of Halsey Pond”, which reviewed a wide range of water quality and drainage issues. In connection with this Report, a Drainage Area Map of Existing Conditions was prepared.
Corporation and The Village of Irvington, LIBER 7681 PAGE 400; see Indenture, dated September 1, 1991, between Mar-Vera Corporation and The Village of Irvington, LIBER 10480 PAGE 111.
Irvington Manor -- Drainage Area Map Existing Conditions, Drawing No. D-1, dated November 21, 1990.
All of this led to further litigation between the Village and various competing developers that was finally settled in early 1994. This settlement allowed the Planning Board to proceed with the development of Irvington Manor. After extensive hearings, on May 4, 1994, the Planning Board approved a Resolution Adjusting Site Capacity for the project. One of the factors that the Planning Board cited to as justifying this Resolution was
The subdivision will also result in a permanent conservation easement in favor of the Village being created on a portion of the property which abuts the easterly perimeter of Halsey Pond Park, thereby preserving and protecting from unsightly intrusion the beauty of the view of that area.
Village of Irvington Planning Board Resolution Adjusting Site Capacity and Authorizing Certain Improvements in Village Watershed, dated May 4, 1994, §§ D(viii) and G(v) (hereinafter, the “May 4th Resolution”).
The May 4th Resolution also cited to the fact that The Ardsley Country Club had joined the Planning Board process as a joint applicant. (As part of the development, the Country Club planned to swap some property with the developers.) The Resolution noted
because The Ardsley Country Club is a joint applicant, an agreement has been obtained from the Club that it will reduce the future use of fertilizer on those portions of its golf course within the Halsey Pond watershed, thereby promoting better future water quality conditions in Halsey Pond.
May 4th Resolution § G(iv). I have been unable to locate a copy of any such separate agreement on the Village’s website.
On June 1, 1994, the Planning Board issued a separate Resolution approving a Limited Site Development Plan for the Irvington Manor subdivision. In that Resolution, the Planning Board cited to the earlier 1990 agreement to dedicate to the Village of the area surrounding and to the west of Halsey Pond. Village of Irvington Planning Board Resolution of Subdivision Plat Approval and Limited Site Development Plan Approval Regarding the Irvington Manor Subdivision, dated June 1, 1994, §§ II(C) and VIII (hereinafter, the “June 1st Resolution”). The Resolution again noted that The Ardsley Country Club had joined s a party so that the Planning Board could consider and approve a proposed land swap between the developer and the Country Club. June 1st Resolution §§ II(D) & (H).
As part of the approval of the subdivision, the Resolution specifically included the requirement that “[t]he Applicant shall effect the following conveyances of property: . . . (b) Deed to the Dedicated Open Space; . . . and (e) Conservation Easement.” June 1st Resolution § 6.1. The Resolution also set specific limitations for the “fertilizing” of The Ardsley Country Club Golf Course.
The Ardsley Country Club shall mark the limits of the Halsey Pond Watershed by posting signs on trees and/or at its option planting low-growing native plant species in order to enable its grounds maintenance staff to recognize areas of limited fertilizer application. The Ardsley Country Club shall, for the benefit of the Village, agree in writing, with thirty-five (35) days following the filing in the Westchester County Clerk’s Office of the entire Subdivision Plat or the first section thereof whichever first occurs, to restrict the nitrogen content of organic fertilizer applied to the golf course areas (including trees, greens, fairways and rough) to an average rate of 2 lbs./1000 sq. ft. annually within said Halsey Pond Watershed Area.
June 1st Resolution § Eighth.
On August 10, 1994, R.R. Irvington Associates (formerly known as Hartz Irvington Associates) filed its Subdivision Map of Phase I, dated July 6, 1994, Map No. 25239. Map No. 25239-1 shows the western part of subdivision.
Over the next two years, R.R. Irvington Associates entered and recorded various agreements, easements and declarations as required by the Planning Board’s Resolution of Limited Site Development Approval. On September 6, 1995, R.R. Irvington Associates and the Village of Irvington entered into a Conservation Easement Agreement that applied to the part of the subdivision just to the east of Halsey Pond. That Conservation Easement Agreement provides that
Grantor grants to Grantee a perpetual conservation easement (the “Conservation Easement”) over the portion of Lot 40 in the Irvington Manor Subdivision, which is described in a Schedule A. The Agreement then imposes certain restrictions applicable to this property.
The Grantor agrees that neither it nor anyone acting with its authority or knowledge will perform or permit others to perform acts contrary to the following covenants, and grants to the Grantee the right to enforce said covenants against all persons:
• • •
2.3 Chemicals. No pesticide, herbicide, or other chemical treatment for land, vegetation or animals shall be used unless its use is necessary, safe for humans and will not contaminate any source of drinking water.
2.4 Dumping and Storage. No dumping . . . of . . . leached compounds . . . shall be allowed.
The Agreement further provided that
If there is a violation of any of the provisions of this Conservation Easement by Grantor, Grantee shall notify the Grantor, who shall promptly cure the violation by (a) ceasing the violation or (b) restoring the Property to the condition before the violation, or (c) both, as the case may be. If the violation by Grantor continues, Grantee shall have the right, but not the obligation, to cure it by direct action and the Grantor shall reimburse Grantee for all expenses reasonably incurred to enforce the Conservation Easement and to cure the violation. . ..
All costs incurred by the Grantee in the course of attempting to enforce the terms and covenants of this Conservation Easement against Grantor, including attorneys’ fees, cost of litigation and the cost of repair or restoration of the Property to a condition compatible with the conservation purpose of this Easement, may be charged against the Grantor.
Conservation Easement, dated September 6, 1995, between R.R. Irvington Associates and Village of Irvington, LIBER 11245 PAGE 31.
On June 7, 1996, RR Irvington Associates conveyed to the Village of Irvington the Dedicated Village Open Space, consisting of the property to the east, south and west of Halsey Pond. Deed (Dedicated Village Open Space), dated June 7, 1996, between RR Irvington Associates and Village of Irvington, LIBER 11445 PAGE 257.
On August 17, 1995, RR Irvington Associates prepared and recorded a “Declaration of Covenants and Restrictions” for addressing any drainage and runoff into wetland areas in the development. Declaration of Covenants and Restrictions in Connection with Wetlands in Phase I, dated August 17, 1995, by RR Irvington Associates, LIBER 11220 PAGE 5. The purpose of this document was to address the Planning Board’s concern about protecting wetland areas within the subdivision, including Lot 40 on the western edge of the development, closest to Halsey Pond. Specifically, the Declaration imposed various restrictions on the use of these wetlands.
Section 2. Restrictions Upon Use of Wetlands. The Declarant hereby declares that the Lots enumerated above shall be conveyed subject to the restrictions contained within, and together with the benefits of, as the case may be, the following respective covenants and restrictions:
The Wetlands and a twenty-five foot (25’) “buffer area” surrounding the perimeter thereof shall remain in their natural and undisturbed state, except that any vegetation which is diseased or has died may be removed and replaced the owner of the Lot upon which such condition exists, except as provided in this Declaration.
No fertilizers, pesticides, biocides or chemical treatment shall be permitted within said Wetlands, and within said buffer area.
Id. § 2. The Declaration further states that these covenants run with the land in perpetuity and shall bind all owners of said Lots, and their successors. These covenants and restrictions “shall, however, terminate and expire should the Village of Irvington adopt a local ordinance governing the use of development in and around wetlands, as that term may be defined in such ordinance.” Id. § 3. The Declarant or the owners of the Lots have the right to enforce the covenants and restrictions “against any person or persons violating or attempting to violate the covenants and restrictions. Id. § 4.