Minutes 09-18-2012 - Laserfiche WebLink

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requested in writing that you not impose it. Unless you have any questions, that is the end of my presentation at this time. Commissioner Jacobs: To the point he just made, do you feel that adequately addressed the concerns of Mr. Lamb that are on page 33 of our packet regarding the impact on the Heartwood development? Michael Harvey: I feel it does and with all due respect to Mr. Dickinson, I take a different viewpoint of why the condition was imposed. As this parcel of property is being removed from the confines of the Heartwood at Blackwood Special Use Permit and is not subject to the conditions of the Special Use Permit or the imposition of fees or other actions by the Heartwood Homeowners Association that is responsible for maintaining Pathway Court, it is my considered opinion that it would not be reasonable for us to allow there to be access onto Pathway Court by the adjacent camp, even though the property has frontage on it and even though there are other lots that were approved after the issuance of the Special Use Permit that have access on Pathway as well. I would argue that the County in hindsight, should have required an amendment to the Special Use Permit to allow for further subdivision activity to occur in the 80's and early 90's, which it did not. We do not need to perpetuate the same mistake, as this property has been removed from the confines and SUP and not subject to the local homeowners control and purview, it is my considered opinion that it should not be allowed to have access on a street that is maintained by that homeowners association. Commissioner Jacobs: Just in reading what Mr. Lamb said, I thought he was concerned that the parcel be restricted for use for the septic field and it says, "and no other activities or services or hindrances along the border of the community." Michael Harvey: As I articulated that evening and spoke with Mr. Lamb later, it is my position that Mr. Dickinson does have the right to go back to the Orange County Board of Adjustment, which is his plan, in seeking expansion of existing camp retreat center that this property has the ability to utilize for other purposes than just a septic system, allowing for expansion of the existing camp retreat center, and I don't feel it necessary at this special use permit process hinder that ability with the imposition of additional conditions on the use of this parcel. The Board of Adjustment is going to go through a similar public hearing process where adjacent property owners would be notified and allowed to present the case on why that specific land uses should not be allowed. I also don't think there's been any evidence submitted into the record at the Quarterly Public Hearing or at the Planning Board meeting that#1, any proposed redevelopment of this will have a negative impact on adjacent lots, and #2, even if there was it would not germane to this request as this request is intended to solely amend the existing Heartwood SUP to remove this lot. I don't believe it's essential for this Board to impose any additional restrictions other than what the ordinance would impose as part of what's customary. Chair Pelissier: As I understand it, the only other person who would speak would be Spence Dickinson.