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1~~ and not get involved in the issue of when someone conveys property. Shirley Marshall asked that this condition be worked out. Commissioner Marshall questioned #31 and asked what final landscaping plans should be submitted expressing concern with controlling the landscaping for each individual's property. Susan Smith explained that the landscaping in #31 referred to the multifamily and commercial area and the buffer to be maintained, .including the stream buffer. Shirley Marshall questioned #36 commenting that the way it reads is that we are only concerned about phasing to limit construction to a maximum of 25~ with some conditions about the water. It does not speak to the release of the reserved water and the reserve in the wastewater treatment and water treatment plants should the project not be built on time. She referred to page 57 and the chart indicating her desire for information which would address this issue if the project was not built according to the phased plan where the water and wastewater treatment reserved would be freed up for other development. She also added that at the end of the ten year period the applicant should be required to come back and apply for all that was reserved, but not allocated. Under this idea, if the phasing could be done annually and if they did not build, they would lose that reservation until the tenth year. At that time they would have to come back for anew phasing of the units that were not built and anew reservation for water and wastewater treatment facilities. The condition which refers to mercury lights was discussed and it was decided that the lights should be approved by the Town of Hillsborough or meet Hillsborough standards and the conditions revised accordingly. Don Willhoit questioned the intent o condition. With regard to #17 Don Willhoit the connector to the road at the top of the Susan Smith explained why it was necessary. Don Willhoit asked that a condition be the design would be in conformance with Hillsborough if one exists. ~ #22. Smith explained the asked that the elimination o~ development be considered. added that would insure that the architectural design of Barrett objected to condition #42 which was added by a close split vote of the Planning Board after some of the planning board members left. The Board by consensus agreed to replace #36 with wording that approval be contingent on the availability of water from the Town of Hillsborough as determined by NRCD. Susan Smith identified the conditions that satisfied the negative findings of fact. Motion was made by Chair Willhoit, seconded by Commissioner Lloyd to approve positive findings of fact for the three identified negative findings. VOTE: UNANIMOUS. Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve the rezoning of the Graham .property from R-1 Residential to PD-H-R2 (290.03 acres), PD-H-R-S (29.50 acres) and PD-GC4 (10.43 acres) as specified in the application and to approve the issuance