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v <br /> 2 <br /> situation which the Staff believes is not, but should be, <br /> addressed in the existing private road justification <br /> criteria. <br /> Public Hearing Comments <br /> Thee were no citizen comments at the public hearing. <br /> Commissioner Gordon expressed concern that the proposed <br /> amendment was very subjective and could allow for approval <br /> of private roads in many circumstances, which appears to <br /> be counter to the current policy of favoring public roads. <br /> The intent of the proposed addition to the private road <br /> justification criteria is to provide an additional <br /> rationale for the Staff, Planning Board and Board of <br /> Commissioners in making decisions as to whether or not a <br /> private road is justified. If the ordinance provisions <br /> are to be amended to provide for additional flexibility, <br /> then it is the view of the Planning Staff that the <br /> Provisions would need to be broad enough to allow a <br /> variety of circumstances, rather than very specific <br /> circumstances, to be addressed. The "burden of proof" as <br /> to whether or not a proposed subdivision meets the <br /> criterion is borne by the applicant. The decision as to <br /> whether or not a particular project meets the proposed <br /> criterion, as well as any of the existing criteria, is <br /> made by the Planning Staff, in the case of Minor <br /> Subdivisions, or the Board of Commissioners after <br /> receiving a recommendation from the Planning Board, in the <br /> case of Major Subdivisions. <br /> The Planning Board considered the proposed amendment on <br /> June 20, 1994 and recommended approval. The vote was <br /> unanimous. <br /> RECOIrMNDATION: The Administration recommends approval of the proposed <br /> amendment. <br />