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Jennifer Leaf: The primary reason for this requested change is that the developer recently <br />realized there were problems regarding the placement of accessory use structures on these <br />properties. Some of the landowners have inquired about putting up accessory buildings, and <br />there isn't room with the current lot requirements. Originally there was approximately 46% open <br />space provided in the entire subdivision. This change will only create a loss of less than one <br />acre, and we will require no tree removal for trees over 8" in diameter in the remaining 75' <br />buffer, as well as a continuous fence along the rear property line, to be maintained by the <br />Homeowner's Association. <br />Michelle Kempinski: Wouldn't it be appropriate for this to go to the Board of Adjustment since <br />the plan was already approved by this Board? It sounds like more of a hardship request. <br />Jennifer Leaf: The current subdivision regulations reflect that for requests for a waiver of the <br />buffer rules, it needs to come through the Planning Board and the BOCC. <br />Craig Benedict: There's a general rule that says whoever makes the rules for a subdivision, <br />they're the only ones who can accept modifications. That's why the Planning Board is involved <br />now. The Planning Board gave the Resolution of Approval several years ago when the <br />subdivision was approved, so it is the only one to recommend a change. The Board of <br />Adjustment is not involved in this case. <br />Judith Wegner: Is this specified in the Subdivision Ordinance? <br />Jennifer Leaf. Yes. <br />Judith Wegner: Does it specifically mention waivers? <br />Jennifer Leaf. Yes. <br />Judith Wegner: What type of land is the area above the `green' area? <br />Jennifer Leaf. It is currently wooded. It serves as an open space buffer between the lot lines and <br />the edge of the property. <br />Judith Wegner: Where would the fence go, and what type of fence would it be? <br />Robert Davis: It would go along the edge of the property line, and would be a 6' fence, as <br />discussed in the abstract. <br />Jennifer Leaf: We are requiring the fence because of the possible removal of vegetation. The <br />fence would be equally attractive on both sides. <br />Renee Price - Saunders: Is there any statute of limitations on how long lots can be within a <br />subdivision without construction? <br />5 <br />