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13 <br /> — An `existing lot' qualifies for an administrative waiver where Planning Director, in <br /> consultation with the Health Department, can modify the 300 ft. reservoir setback <br /> for septic systems based on established criteria; <br /> — Amount of encroachment allowed is the minimum that can be obtained while <br /> meeting applicable criteria. <br /> IMPACTS OF AMENDMENTS: <br /> • Clarifies/updates the NPE of the reservoir from 643 ft. to 642 ft. <br /> — This change will result in a reduction of the amount of land area subject to <br /> reservoir setback; <br /> • Establishes what constitutes existing development and an existing lot around the <br /> reservoir (i.e. development installed, and lots created, prior to February 12, 1997); <br /> WHAT THIS AMENDMENT DOES NOT DO: <br /> • Condemn or take property; <br /> • Establish more restrictive regulations; <br /> — Current regulations do not specifically reference expansion of the West Fork on <br /> the Eno reservoir. <br /> — Staff is currently required to use January 1, 1994 to define existing <br /> development/lots (existing language). <br /> • Prevent/restrict property owners from applying for variances from structure/septic <br /> setbacks off of a reservoir; <br /> — Appropriate fees have to be paid. No guarantee request will be approved. <br /> Staff Findings: <br /> — The amendment addresses existing deficiencies within the LIDO referencing <br /> appropriate date for reservoir expansion; <br /> — Provides clear direction on what constitutes existing development and/or lot <br /> around the West Fork on the Eno Reservoir; <br /> — Corrects final NPE of reservoir; <br /> — Provides property owners with definitive information on where required setbacks <br /> are measured from. <br /> PLANNING BOARD RECOMMENDATION: <br /> — Reviewed item at its February 5, 2020 regular meeting; <br /> — Voted to recommend approval <br /> — STAFF COMMENT: Amendment referenced changing the NPE <br /> for the reservoir from 643 ft. to 643.9 ft. based on data from the <br /> Town; <br /> — Current amendment package corrected to reference the 642 ft. <br /> NPE of reservoir; <br /> — Planning Board does not need to re-review as resulting change <br /> constitutes reduction in the 150 ft. (structure) and 300 ft. (septic) <br /> calculated setback area around the reservoir (i.e. does not create <br /> a more restrictive standard that originally proposed) <br /> RECOMMENDATION(S): <br /> The Manager recommends the Board: <br /> 1. Receive the request; <br /> 2. Conduct the public hearing and accept comment; <br />