Agenda - 11-20-2012 - 5a - Laserfiche WebLink

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6 1 2 Commissioner Jacobs: To the point he just made, do you feel that adequately addressed the 3 concerns of Mr. Lamb that are on page 33 of our packet regarding the impact on the Heartwood 4 development? 5 Michael Harvey: I feel it does and with all due respect to Mr. Dickinson, I take a different 6 viewpoint of why the condition was imposed. As this parcel of property is being removed from 7 the confines of the Heartwood at Blackwood Special Use Permit and is not subject to the 8 conditions of the Special Use Permit or the imposition of fees or other actions by the Heartwood 9 Homeowners Association that is responsible for maintaining Pathway Court, it is my considered 10 opinion that it would not be reasonable for us to allow there to be access onto Pathway Court by 11 the adjacent camp, even though the property has frontage on it and even though there are 12 other lots that were approved after the issuance of the Special Use Permit that have access on 13 Pathway as well. I would argue that the County in hindsight, should have required an 14 amendment to the Special Use Permit to allow for further subdivision activity to occur in the 80's 15 and early 90's, which it did not. We do not need to perpetuate the same mistake, as this 16 property has been removed from the confines and SUP and not subject to the local 17 homeowners control and purview, it is my considered opinion that it should not be allowed to 18 have access on a street that is maintained by that homeowners association. 19 20 Commissioner Jacobs: Just in reading what Mr. Lamb said, I thought he was concerned that 21 the parcel be restricted for use for the septic field and it says, "and no other activities or 22 services or hindrances along the border of the community." 23 24 Michael Harvey: As I articulated that evening and spoke with Mr. Lamb later, it is my position 25 that Mr. Dickinson does have the right to go back to the Orange County Board of Adjustment, 26 which is his plan, in seeking expansion of existing camp retreat center that this property has the 27 ability to utilize for other purposes than just a septic system, allowing for expansion of the 28 existing camp retreat center, and I don't feel it necessary at this special use permit process 29 hinder that ability with the imposition of additional conditions on the use of this parcel. The 30 Board of Adjustment is going to go through a similar public hearing process where adjacent 31 property owners would be notified and allowed to present the case on why that specific land 32 uses should not be allowed. I also don't think there's been any evidence submitted into the 33 record at the Quarterly Public Hearing or at the Planning Board meeting that#1, any proposed 34 redevelopment of this will have a negative impact on adjacent lots, and #2, even if there was it 35 would not germane to this request as this request is intended to solely amend the existing 36 Heartwood SUP to remove this lot. I don't believe it's essential for this Board to impose any 37 additional restrictions other than what the ordinance would impose as part of what's customary. 38 39 Chair Pelissier: As I understand it, the only other person who would speak would be Spence 40 Dickinson. 41 42 John Roberts: If I can address that. This portion of the hearing, the specific purpose, if you 43 allow Mr. Dickinson to speak, you cannot consider what he says as part of your decision 44 making. I recommend that he not be permitted. What his position is has been put in the record