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10 <br /> AGENDA ITEM #10: MATTERS HEARD AT PUBLIC HEARING (5/23/94) <br /> a. Subdivision Regulations Text Amendments <br /> ( 1) Section IV-B-3-d-1 Roads <br /> (Private Road Justification Criteria) <br /> Presentation by Mary Willis. <br /> This item is to consider a proposed amendment to <br /> the Subdivision Regulations which would include, <br /> as justification for a private road, the <br /> preservation of site features which preserve or <br /> enhance special of unique characteristics of the <br /> immediate area surrounding a proposed <br /> subdivision. <br /> On March 20, 1994, the Planning Board considered <br /> an appeal of the Planning Staff decision <br /> regarding a requirement for a private road in a <br /> Minor Subdivision. The Planning Board acknow- <br /> ledged that maintaining a gravel road would be <br /> more in keeping with the unique characteristics <br /> of the property and the surrounding area than <br /> would a paved public road. The property is <br /> located adjacent to a church and cemetery and <br /> there is concern by the church that the access to <br /> the cemetery by a paved public road would <br /> encourage trespassing by youths, which has been a <br /> problem in the past. <br /> The private road justification criteria of the <br /> Subdivision Regulations do not include any <br /> criteria which would allow unique characteristics <br /> of the property and its surroundings to be taken <br /> into account. <br /> The Planning Board requested that the Ordinance <br /> Review Committee consider an amendment which <br /> would allow for specific characteristics of the <br /> neighborhood to be considered in determining <br /> whether a subdivision road will be public or <br /> private. The amendment is not proposed solely to <br /> address the subdivision addressed; however, it <br /> does provide an example of a situation which the <br /> Staff believes is not, but should be, addressed <br /> in the existing private road justification <br /> criteria. <br /> There were no citizen comments at the public <br /> hearing. Commissioner Gordon expressed concern <br /> that the proposed amendment was very subjective <br /> and could allow for approval of private roads in <br />