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2 <br />necessary for the lot to be used. <br />In answer to a question from Commissioner Gordon, Ms. Willis said <br />that there are Health Department requirements for the distance between the <br />well and septic tank. The state requirement for the location of a septic <br />system is 50 feet from a stream and 100 feet from a reservoir. <br />Mr. Bob Perry, property owner on Arrowhead Trail, stressed the need <br />for the citizens to have specific information. He spoke on behalf of 50 <br />property owners (34 homes) around Lake Orange. He said there are no two acre <br />lots on his side of the Lake. He built his home in 1987 and thought these new <br />setback requirements did not apply to him. He understands that all the <br />existing homes will be grandfathered in and asked how that would be handled. <br />He asked what would happen if he sells him home, leaves it to his heirs, or <br />if it is destroyed by fire or natural disaster. He understands that they are <br />now nonconforming and have been downzoned. He is worried about what will <br />happen to his home. <br />Geoffrey Gledhill responded to Mr. Perry's questions. He explained <br />that the Orange County Zoning Ordinance treats houses different from other <br />structures. The zoning regulations allow. property owners to rebuild a <br />residence if it is on a lot that was appropriate for the building of a house <br />at the time the house was built there. One minor exception is that a new <br />house built on a lot after the original house is destroyed would have to meet <br />side, rear and front setbacks. If for some reason it could not meet these <br />setbacks, the person would be eligible to apply to the Board of Adjustment for <br />a variance. Most of the time this is not a problem. The setbacks for the <br />watershed protection regulations are in the same category. If a property owner <br />wants to build a house and can not meet the watershed protection setbacks, <br />they would need to go through the Board of Adjustment process. What is being <br />proposed is to allow the staff to plan for the placing of the home on the <br />property to keep the maximum amount of buffer possible. With respect to the <br />Health Department regulations, existing systems are treated differently than <br />new systems. It allows for compromises on setbacks for existing systems. If <br />a house burns, the septic tank and septic system would not be affected so the <br />Health Department would not have to be involved in the permitting of the <br />reconstruction except to approve the system on that site. If a person never <br />built on their lot and a permit is requested, the Health Department rules <br />(State rules) cannot be varied with respect to setbacks. This is the only <br />time that a person would not be able to build a house on an existing lot. <br />With respect to transferability, the lots are transferable and the ability to <br />build is transferred with the house. There are some lots around Lake Orange <br />that were created around 1981 that do not meet the Health Department <br />regulations and those lots have had to be combined in order to be permitted. <br />Except for that situation, he feels that the implementation of the proposed <br />changes would result in all of the lots around Lake Orange being developed. <br />Chair Carey encouraged the citizens in the audience to attend <br />further Planning Board meetings and to submit their comments in writing. <br />A motion was made by Commissioner Halkiotis, seconded by Commissioner <br />Willhoit to forward the strategy as described in the agenda to the Planning <br />Board for development of a Zoning Ordinance Amendment to be presented at the <br />quarterly public hearing scheduled for November. <br />VOTE: UNANIMOUS <br />