Questioning the Conservancy on Greylock

Posted 12/14/23

The CHC is legally bound to enforce easements they created that thoughtfully restrict redevelopment of the property. 

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Questioning the Conservancy on Greylock

Posted

This opinion is in response to Lori Salganicoff’s letter to the CH Local regarding the Chestnut Hill Conservancy’s (CHC) management of the latest proposal to re-develop Greylock Mansion, a bucolic 7-acre property located at 209 West Chestnut Hill Avenue on Fairmont Park. The CHC is legally bound to enforce easements they created that thoughtfully restrict redevelopment of the property. 

She said, in part: Because the current proposal would require amendments to the easements, the Conservancy has decided not to participate in the variance process as a Registered Community Organization and is remaining impartial as these variances are considered by the community. 

The reasons for this position continue to elude us. It is arguably the legal duty of the CHC to oppose variances that will require changes to the easements. Perhaps a better way of handling this might have been to issue statements to the public and the ZBA alerting them of the existence of extensive conservation and preservation easements that protect the land, mansion and carriage house.

Perhaps in a perfect world, the CHC acting as a regional expert would let the ZBA know that it may/may not amend the easements following a ZBA variance decision, and in that case, everyone involved will need to repeat this entire approval process all over again. Such statements would have drawn attention to the importance of Greylock Mansion to Chestnut Hill, its neighbors and those who enjoy the area walking the Lavender trail in The Wissahickon.  Simple neutrality on any matter that violates the easements the CHC legally holds in trust, is wholly inadequate. 

The letter goes on to say “Conservation easements, while perpetual, may occasionally need to be amended…” A quotation from a WeConservePA document states, “…the world changes and so do understandings of how best to meet conservation objectives.” This quotation is used out of context. Although the WeConservePA document describes ways that easements may be amended, virtually all reasons focus on increasing and expanding the goals of the original easements, not changing them because time has elapsed and there is frustration over the current condition of the property.   Documents on the CHC’s website similarly limit amendments to the easements they hold. 

More importantly, the quote seems to tee up an argument that supports the current proposal by implying there have been major changes in circumstances concerning Greylock that require the easements need to be amended now. 

There have been only two major changes at Greylock Mansion since the easements were created in 2001-2004. The first is positive - a staggering increase in property values.  The second is negative- the property has become derelict from neglect by Owners who have not fulfilled their legal obligations to maintain the property and the failure of the CHC to compel these Owners to keep the property in working order, safe from weather and further deterioration of her historic and naturafeatures.  

Neither of these changes warrants the extensive amendments the current re-development plans contemplate.  These include among others: adding five additional buildings and a pool pavilion, not replacing trees that have been allowed to die or will be removed for construction,  and obstructing the scenic views of the mansion from the Wissahickon. All those changes would reward the current Owner for his blatant neglect of the property.

 We are concerned with the casual manner in which our community organizations are handling the current review process.  Chestnut Hill Landmarks is advocating for a plan that respects the current density of the neighborhood thereby minimizing traffic at the top of the hill (the current plan more than doubles the density on W. Chestnut Hill Ave.), respects the grandeur of the sweeping 7-acre estate and intentionally protects the scenic views of Greylock from the street and the park. If you would like to join this dialogue, please send a note to ch.landmarks@gmail.com. All participation is treated confidentially.

Brad Bank and Kim Dukes 

Chestnut Hill Landmarks