Agenda - 04-07-20; 8-a - Minutes

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19 1 the last piece of the puzzle before the Town can start letting the reservoir fill to its new level, 2 which is contour 642.2, according to the new survey datum of NAVD 88. 3 Marie Strandwitz referred to the question about fishing and hunting, and said as part of 4 the state mitigation, the Town is to put the area around the reservoir in a conservation 5 easement. She said she has seen documents that state the Town has bought all the necessary 6 property to encompass the phase 2 level, as well as the State buffer. She said the Town did 7 not go further into the County setbacks, as it held public hearings at that time. She said the 8 Town is working with the State to put its properties into a restrictive deed, which are areas well 9 outside the buffer that the State wants the Town to maintain. She said the restrictive deed 10 includes no trespassing, no swimming, hunting, fishing, and camping. She said the Town is 11 required to post signage to this effect. 12 Marie Strandwitz said the Town has not sent any letters of commendation. 13 14 PUBLIC COMMENT 15 Amber Broadwell said she has lived in the area for some time, and has fished the entire 16 time, and she wants to know why fishing is not allowed. 17 Marie Strandwitz said the State will not allow these types of activities, per the permit that 18 was obtained in the 1990s. She said it requires the Town to keep protection of its water supply, 19 which is why the County is having extra setbacks. She said it is a watershed protection area, 20 and is the water supply for the Town. She said people may have been fishing for years, but 21 should not have been doing so. 22 Calvin Parrish asked if it is known who would be financially responsible, if a septic tank 23 needs replacing. 24 Michael Harvey said he feels inadequate to answer the question, but if the septic system 25 fails, there is no provision in the UDO mandating the Town to pay for this. 26 Commissioner Price asked if the expansion is expected to affect septic tanks. 27 Michael Harvey said he does not have data to definitively answer that question, but the 28 setbacks are in place to avoid such issues. He said such issues would have to be addressed 29 as they arise. 30 Commissioner McKee asked if staff knows if any of these septic fields will be 31 submerged by the new water level. 32 Michael Harvey said no, based on the information he has, there should be no 33 submerging of septic fields. 34 James Kennedy said this amendment will devalue the properties. He said any 35 restriction to a property will scare off buyers. 36 Chair Rich said currently these properties are following the UDO. 37 Michael Harvey said the restriction has existed since 1997, and staff is not adding a 38 restriction but rather clarifying what constitutes an existing lot and existing development for the 39 purposes of permitting. 40 41 A motion was made by Commissioner Bedford, seconded by Commissioner McKee to 42 close the public hearing. (Note that, because this is a legislative decision, additional comments 43 at a later date are permitted). 44 45 Michael Harvey said since this is not quasi-judicial process, he said there can be 46 additional comments made after the hearing is closed. 47 Commissioner McKee said he was around when this reservoir was planned and built, 48 and it was contentious to the point that there were threats of vigilante action. He said perhaps 49 the Town should have put easements up to the setbacks, but that is irrelevant at this point. He 50 said he wants to make sure that residents are not adversely affected.