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Chris Lamb: My name is Chris Lamb, and I have been duly sworn in. I live in the Heartwood <br /> community and know Spence well and drive by his farm every day. I do support resolving the <br /> issue around the septic system. It's been going on for too long, it needs to be resolved. My <br /> main concern with this change this piece of property will no longer be subject to our existing <br /> covenants as well as the provisions of the special use permit. In the plans I see here and <br /> potential interpretations of the special use permit and whoever may own that piece of property in <br /> the future, I do not see enough protections of my property value rights. This property will now <br /> extend that farm/camp/retreat into the Heartwood community. And while Spence has done a lot <br /> to improve appearances of the farm with Heartwood, recently that's not been the history and it <br /> might not be the history of future owners of that property. So I would like to see some sort of <br /> protection where this piece of property can only be used for that septic field and no other <br /> activities or services or hindrances into the farm so that we could still have this border that <br /> protects the Heartwood community and the value of our properties for the many activities on the <br /> farm. I think this plan really opens up a whole host of interpretations of what could be run on <br /> that piece of property right next to our Heartwood homeowners and our pond. I would like to <br /> see some type of extra specification be put in that it could be only be used for that septic system <br /> and no other services or buildings or structures. <br /> Michael Harvey: I will speak the best that I can to that. What the Board is essentially being <br /> asked to do this evening is allow lot 31 R to be removed from the existing special use permit and <br /> have it rezoned to Rural Buffer. Mr. Dickenson is not going to be able to develop the septic <br /> system on the property until it goes back to the Orange County Board of Adjustment and <br /> combines this parcel with the existing special use permit, where it will have to be reviewed and <br /> approved at a public hearing. Mr. Dickenson will have to allow the Board of Adjustment to <br /> develop findings of fact making the determination that the request is consistent with the various <br /> general standards detailed within Section 2.7 as well as 5.3.2 of the Unified Development <br /> Ordinance. He will also be required to maintain buffers as required by the ordinance in terms of <br /> separation, the natural buffer separating this particular parcel of property from the Heartwood <br /> development. There will be limitations imposed by the Board of Adjustment through that <br /> process relating to the developability and use of the property consistent with existing standards <br /> within the Ordinance. I think the concerns expressed this evening are more appropriately <br /> addressed through the Class B Special Use Permitting review process, as Mr. Dickenson will <br /> have to prove compliance with the various applicable standards including the required <br /> landscaping separation buffers at that time. I will also state for the record here this evening, <br /> Planning staff would not allow for a connector onto Pathway Court from the campy property. <br /> The reason being is that this is a private road governed by a special use permit for the <br /> Heartwood planned development. There is no guarantee of access from the farm because it is <br /> not governed by the Heartwood special use permit and such an action would invalidate a <br /> required buffer. <br /> Commissioner Jacobs: I just want to ask Mr. Harvey if he could please make sure that Mr. <br /> Lamb gets a notification of the Board of Adjustment meeting. <br /> Michael Harvey: He will certainly, because he is within the 500 feet of the property boundary, <br /> and as you know, we are required and obligated to send letters to everyone within 500 feet, so <br /> he will be notified. <br /> A motion was made by Commissioner Hemminger, seconded by Commissioner Yuhasz <br /> to receive the application, refer the matter to the Planning Board with a request that a <br /> recommendation be returned to the Board of Commissioners for the September 18th regular <br />