2018_04_27_PB HVH_Letter from Dutchess Land Conservancy

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Mr. David Wylock, Chairman - Page 2 - April 27, 2018 Planning Board has no responsibility to enforce DEC wetlands regulations, if it approves a development proposal that permits or requires activities that violate those regulations, it puts the applicant in the same difficult position of having to violate one law in order to comply with another. Just as the Board should be aware of applicable DEC regulations over which it has no direct jurisdiction, it should also be aware of applicable conservation easement restrictions that would significantly affect a proposed development. In essence, we are not asking the Board to enforce the conservation easement; rather, we are asking the Board to take into consider its provisions, in order to not require the applicant to violate it. For these reasons, we urge the Planning Board to take into consideration the provisions of the conservation easement that we have noted in our prior correspondence: • Section 10.3 - Extinguishment of Development Rights — That states that "The parties agree that all development rights not reserved herein are extinguished and that the Property's acreage may not be used to calculate permissible density or lot yield for any other land. " Based on the current proposal, we have determined this is not an issue because the applicant's proposed density can be justified without considering any of the land under easement. But, if the application involved significantly more guest units than currently proposed, we believe that this would be a concern under the easement. • Section 4.9 - Driveways, Trails, Farm Roads, Utilities and Drainage Ways - that states that "No roads shall be constructed that traverse the Property to gain access to neighboring lands not protected by this Conservation Easement except with the consent of the Conservancy. " Any use of this farm road to provide access to the unrestricted land, including secondary or emergency access, is subject to the DLC consent requirement. Thus we ask the Board not to require that the existing farm road be made available as vehicular access to the unrestricted portion of the property. • Section 4.4 - Residential and Agricultural Structures. The easement states that "No residential, agricultural or accessory structures or other improvements shall be built, expanded or replaced anywhere on the Property except in compliance with this Section. " As noted in previous correspondence, the easement imposes certain restrictions on housing — specifically permitting four single-family residences (two principal residences and two tenant -guest houses), which may not be used as bunkhouses, dormitories, or for any purpose other than single-family use. If the Planning Board, in addition to applying the Town's Zoning. Law, takes into consideration other applicable regulations and restrictions affecting the HVH project site (including the conservation easement and any DEC or federal wetlands and/or waterways) the final outcome will be more feasible, achievable, and satisfactory for all parties. Thank you for again considering these points as you review this application. Please feel free to let me know if you have any questions. Sincerely, Rebecca E. C. Thornton President