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ooo"ti~ He stated that the project was begun 12 months ago and extensive preliminary engineering studies have been done. The amount of $16.500 has been spent, as well as considerable time. effort and energy. He noted that his firm had tried tv comply with all the recommendations. He continued that he had received a six page report on September 9. 1985 with many of the previous recommendations changed. ke noted it was the first written report his firm had received since the June 11. 1985 public hearing. His intent was to develop a nice residential subdivision with curb and gutter and Sidewalks. He felt it was a very unfortunate circumstance that he could not comply with the 100' buffer now being required by the County and develop the development as planned. He felt the considerable road requirements were unfair and unfortunate. He also noted the recreation area was for the neighborhood and it did not seem to him to be necessary to have 10 parking spaces, particularly since there were to be sidewalks on both sides of the street going to the recreation area. He felt if these items could not be overcome. the hearings might as well be stopped as his firm could not develop the project under these conditions. Mayor Massif asked if Mr. Aldridge was withdrawing the petition. Aldridge responded no. He continued that he would like for the Board and Council to make the decision as to whether the conflicting items could not possibly be overcome and, if so, then he felt the petition should be withdrawn. Massif continued that as long as the petition was before the Boards it would require action and that the developer would be the one to withdraw the petition. Aldridge stated he was not willing to withdraw the application at this point, but could not meet the requirements now being set forth. Chair Willhoit adjourned the public hearing and referred the application tv the Chapel Hi11 Towa Manager and the County Planning Board for recommendation. He noted the earliest the Commissioners could receive the recommendation would be September 3D, 1985. He asked if the recommendation could be received from the Board and Council by that date. Town Manager David Taylor stated that the Town Council's next meeting date was October 14, 1985. County Attorney Gledhill stated that several requests for additional information had been made and could only be considered if brought before the Boards at public hearing. Walden reviewed the list of information requested including dam safety, application of the Resource Conservation District, NCDOT comment on I-40 impacts, stub-out gradients, and stipulations regarding setbacks from power line easements. elimination of power line easements within recreation areas, the elimination of lot areas from power line easements and the dedication of pedestrian easements within the power line easements. &e noted a typographical error in one of the conditions and added a stipulation that elimination of a condition does not invalidate any other condition of approval. Chair Willhoit noted that he felt a new public hearing could be avoided regarding the consideration of these items by the Boards. Gledhill noted that if factual information is presented to the Board as part of the recommendation it is acceptable. Massif commented that since this property abuts the Town limits, the developer could ask for annexation. Willhoit stated that the public hearing is adjourned by consensus to November 4, 1985 to receive recommendations from the Chapel Hill Town Council and the Orange County Planning Board.