Minutes 11-20-2012 - Laserfiche WebLink

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not get to see the homeowners' association agreement. And since the developer did not aim to give us that information, we're just going to have to hope that a group of people who may not necessarily ever look at that field, because they don't live anywhere near it, are going to maintain its public health and safety. Michael Harvey: I just want to remind the Board that obviously any agreement associated with the outside septic areas is going to be reviewed by the County Attorney and the Engineer. Obviously, Environmental Health has to be involved, not only in permitting, but also in approving the language of the governance of the outside septic. Commissioner Gordon: I would just like the follow up on the off-site septic. So specifically what you're saying is Environmental Health said that this was alright. Michael Harvey: Yes ma'am. They said that the system has to be permitted, but they do not see any issues that would prevent an off-site system from being developed. Commissioner Gordon: In terms of the evidence submitted. Some of it was written evidence. As I recall, there was a lot of evidence that needed follow up. I didn't know the status of that. Michael Harvey: My answer to that is that you have sworn testimony that has been placed into the record, you have written responses to various questions entered into the record, you have staff memorandum detailing the approvability of the project entered into the record, all of which represents the competent testimony and material evidence that can be utilized to render a decision. The Planning Board has obviously determined there is sufficient evidence in the record, including responses to concerns, justifying a recommendation to approve the project. Items that are here this evening will also be entered into the record. John Roberts: The record before you is the only record or evidence that you can consider in making a decision. You're not getting more evidence tonight, because that is not the purpose of what this was, but the Planning Board received considerable additional information that you did not hear at the Quarterly Public Hearing, so what they received is now for your consideration. Commissioner Gordon: The last thing is a requirement about whoever reads the motion. There is a burden to cite evidence. What I recall from other times is, the burden of proof varies. There are all these rules about it, but what seems to be operative here is whichever motion you make, you need to cite the evidence. Michael Harvey: We provided you a script. Commissioner Gordon: I know there is a script, but it says to cite the evidence. Michael Harvey: Yes ma'am. The script actually provides you the mechanism where you can do that if you're affirming the Planning Board recommendation. If you choose not to affirm the Planning Board recommendation, it is up to the councilmember making that motion to enter the evidence into the record justifying that motion. Let me also clarify that when you get to the provisions of Section 5.3.2, a, b, and c, which are the general findings at the end, you will have