2018_04_27_PB HVH_Letter from Dutchess Land Conservancy

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Awdwlt�- DuTcHEss LAND CONSERVANCY Preserving Open Land in Dutchess County PO Box 138 Millbrook, New York 12545 April 27, 2018 www.dutchessland.org (845) 677-3002 Fax 677-3008 Mr. David Wylock, Chairman Officers and Directors Planning Board Members Chairman Town of Dover Planning Board Rebecca M. Seaman 126 East Duncan Hill Road Vice Chairman Oakleigh Thorne Dover Plains, NY 12522 Secretary Olivia van Melle Kamp Re: Harlem Valley Homestead Project, 147 Old Forge Road, Town of Dover Treasurer Nancy N. Hathaway Dear Mr. Wylock and Members of the Planning Board: John P. Banning, Jr. Steven Benardete Timothy M. Bontecou Thank you for reading into the record our prior correspondence to you with regard to the Hannah an ar Chase Harlem Valley Homestead (HVH) Project. As you knew, the DLC holds a conservation Wolcott B. Dunham, Jr. easement on approximately 86.5 acres of the property under consideration by the Town Eliza Dyson Leslie Farhangi for the Harlem Valley Homestead Project. Thomas M. Flexner Thomas W. Keesee Kellogg Fernanda M. Kellogg I recently reviewed a co of a memorandum addressed to the Planning Board from Y copy g Brad Kendall Victoria Polidoro, Esq., dated March 30, 2018. Her memo discusses the fact that the Christopher L. Mann Timothy Mayhew Planning Board has no authority to enforce the terms of the conservation easement, and Chuck Mead advises the Board to essentially disregard the easement in its deliberations on the Thomas L. Newberry Candace Platt proposal. Terry Regan Erie D. R. Stack Rosenfeld David While we certainly agree ee that the Board has no jurisdiction to enforce the conservation _ .. David R. Tetor easement, and that you can choose to disregard it in its entirety, we do hope that you will Kathleen C. Weathers Fred Whitridge, Jr. take the easement's terms into consideration in your deliberations in order to reach the Ross Williams most practical, realistic, and fair decision for all involved. Chairmen Emeritus LeB. Barclay, 198-87 Olivia Brereslie reton-Hall, 19877-88 Hare just a few of the reasons why think it is important for the Board to be aware ere � Y we p Charles P. Shaw, 1988-90 of the conservation easement's terms as you review the development proposal. Farnham F. Collins, 1990-92 Nancy N. Hathaway, 1992-97 Richard A. Kimball, Jr. 1997-05 • While the Town Zoning Regulations fall under one set of laws, conservation Timothy M. Bontecou, 2005-14 easements fall under another law, the Environmental Conservation Law of the Advisory Committee Kathleen v Augustine State of New York. If the donor of the easement took an income tax deduction at Gayle Bontecou the time the easement was placed, then the easement terms and the holder (the Theodora S. BudnCarson Russell L. Carson DLC) also fall under the watchful eye of the Internal Revenue Service. David C. Clapp • If, for example, the Board were to permit something in connection with its Farnham F. Collins Everett R. Cook, 11 approval of the project that was in violation of the conservation easement, the Wendy C. Curtis DLC, the applicant, and the Town would all be put in a difficult position. The Willem de Vogel Constance 1. DuHamel Town, by virtue of its approval, would in effect be requiring the applicant to do Frank Martucci something that violates the conservation easement. This in turn would put the Simon C. Roosevelt Gilbert P. Schafer, 111 applicant in the unhappy position of having to choose between abandoning the Peter Tcherepnine project or violating the easement. Then, if the applicant violated the easement, Oakleigh B. Thorne Donald G. Tober the DLC would have to enforce it, requiring a possibly lengthy and costly legal Dorothy S. Whitmarsh action. So, while in a narrow technical sense the Planning Board may disregard President the provisions of the conservation easement, in a very real and practical sense Rebecca E.C. Thornton doing_ so could create confusion for the applicant (i.e. which law should he follow?) and could result in entirely avoidable litigation. • As another example, ignoring the effect of the conservation easement would be -�- similar to ignoring the existence of DEC wetlands on the property. While the ��RED�r0 BBB. OT0. ArloN cod ny.giVe.ix,..