Developer Says Conservation Easement Process Delays Mitteer Cluster Subdivision; Board Grants Six‑Month Extension

Attorney Ivan Kalter told the Planning Board on May 14 that obtaining a conservation easement and the required state CPS‑7 waiver for the Mitteer Road cluster subdivision has become complex and time‑consuming, prompting the applicant to request a six‑month extension of prior subdivision approval.

Kalter described repeated rounds of state review and divergent conditions from potential grantees, including escalated escrow and management demands from conservation‑group counsel that made traditional grantee arrangements impractical. "Conservation easement has become a nightmare," Kalter said, describing negotiations with conservation entities and the town attorney. He presented alternatives — conveyance to the town, a no‑build restriction recorded on the map, or an HOA‑managed restriction — and said he would continue to work with town counsel to identify a path forward.

The board voted to extend the approval through February 2027 to allow additional time for legal and conservation arrangements (motion by Paul Lucyk; second Moshe Kish). Dylan Harris, representing the town in discussions, acknowledged the complexity and said the team will pursue a path that preserves the development’s planned 'never build' protected area while satisfying DEC and town concerns.

Why it matters: Conservation easements and the choice of grantee affect long‑term land protection, maintenance responsibilities, and developer obligations. The extension buys time to identify a legally and practically workable approach for a small cluster subdivision with important open‑space protections.

What's next: Applicant and town counsel will continue negotiating the conservation mechanism and present proposed language and legal arrangements during the extension period for board review.