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EXHIBIT A <br />FINDINGS FOR APPROVAL <br />Lands of Mousavi — 26070 Newbridge Drive <br />File #MA22-0001 <br />1. There are changes in circumstances that make any or all of the conditions of the map no longer <br />appropriate or necessary. <br />There have been changes in circumstances that make the need for the 100 foot conservation <br />easement no longer appropriate or necessary, The conservation easement as recorded on Tract <br />No. 6527 protects a relatively steep slope extending down to Barron Creek. The approval of <br />Site Development Permit #SD21-0043 included a condition of approval requiring the <br />dedication of an open space easement encompassing those areas of the property within 25 feet <br />of the Barron Creek top -of -bank, The required dedication encompasses more land area and is <br />more aligned with the Town's Conservation Element of the General Plan, This is because it <br />protects the entirety of the riparian areas on the property. Further, the new open space <br />easement being dedicated is of the same nature as the existing conservation easement in that <br />they both restrict development in the easement area and on the property, and are designed to <br />preserve the open space, natural, scenic, or other similar conditions. The exchange between <br />these easements would also continue to serve the goals of retaining open space, natural, and <br />other related characteristics at this parcel and would not be detrimental to the Town's <br />aesthetics and rural quality preservation. Thus, the recordation of a new, larger open space <br />easement renders the conservation easement no longer appropriate or necessary <br />The five-foot public utility easement is currently not in use by any utility companies with rights <br />to the subject easement. Public utility easements are generally recorded around the perimeters <br />of all properties within most subdivisions to allow for public utilities to access properties from <br />adjacent rights-of-way or adjacent properties when no right-of-way frontage exists. As the <br />current property configuration was created by lot line adjustment, the five-foot public utility <br />easement bisecting the property is in an atypical configuration. The proposal to record a new <br />segment of 10 foot public utility easement would create a continuous, closed public utility <br />easement along the entire perimeter of the property. The lot line adjustment, in combination <br />with the proposed 10 foot public utility easement, renders the five-foot public utility easement <br />no longer appropriate or necessary. <br />2. The modifications do not impose any additional burden on the present fee owner of the real <br />property. <br />The abandonment of the 100 foot conservation easement and five foot public utility easement <br />does not impose any additional burden on the present fee owner of the real property as <br />abandonment will allow for greater use and enjoyment of the subject property. In fact, the <br />abandonment of the conservation easement unencumbers less land than the required open <br />space easement associated with #SD21-0043. <br />The proposed 10 foot public utility easement will create a continuous, closed public utility <br />easement and encompasses less land than the original five-foot public utility easement, thus <br />does not impose any additional burden on the present fee owner of the real property. <br />Resolution 47-22 Page 2 <br />