Agenda - 10-15-2024; 8-a - Minutes

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21 1 Commissioner Portie-Ascott said she thought the property owner would not have to come 2 back for future approval if this is approved tonight. 3 Cy Stober said if it is a major subdivision application that will require the Board's review. 4 He said that if the subdivision application meets the requirements of the ordinance, then there is 5 not a lot of discretion that can be given to deny an application that meets all of the regulations 6 and laws. He said it is his job to make sure that it does meet the requirements but currently, a 7 major subdivision requires Planning Board review and approval by the BOCC. 8 Commissioner Fowler asked if a major subdivision is more than 20. 9 Cy Stober said that when you go over 20, there must be a rezoning to a conditional district. 10 He said that major subdivisions are 6 or more standard lots and flexible subdivision is 13 -20 lots. 11 Commissioner Fowler said she thinks that the more things that are consistent would help 12 support the application rather than cause arguments. 13 John Roberts said statute requires a brief statement to describing whether the application 14 is consistent or inconsistent. He said that courts have decided that a simple conclusion is 15 inadequate, and that Commissioner Fowler is correct regarding the more reasons given for 16 consistency reduces the likelihood of the decision being overturned in court. 17 Chair Bedford said the number of pages seemed excessive. She said that the Board is 18 the only entity that gets to decide the "reasonableness" of the application. 19 Commissioner Hamilton said some of the questions brought up can be looked at during a 20 work session. 21 Commissioner McKee asked the applicant the difference between the plan for the initial 22 development and the new plan going forward. 23 Anthony Weston said the former development was much larger, more complex with a 24 system of roads and septic, but the scale of cost and membership willingness and ability was not 25 sustainable in the end. 26 Commissioner McKee said he understands that part but asked if the new plan will still be 27 cooperative. 28 Anthony Weston said that the new plan is flexible and smaller so it can move in a phased 29 way. He said that they are looking for something that is like a condominium association or a fee- 30 simple in the village proper and a community owned larger area of farm property. He said that 31 they are still working on deciding the next step. 32 Commissioner McKee said he has no issue with downsizing, but he is trying to understand 33 the type of entity with which he is dealing. He said that has no bearing on the decision, but this 34 project is so much different than the first one. 35 Anthony Weston said it certainly is and if he had more information or direction, he would 36 provide that, but they are still working to see what a viable option looks like. 37 Vice-Chair Greene said she is in favor of this ecologically responsible development they 38 are building. 39 40 A motion was made by Commissioner Fowler, seconded by Vice-Chair Greene, to approve 41 the Statement of Consistency (Attachment 6) and the proposed ordinance (Attachment 7). 42 43 VOTE: UNANIMOUS 44 45 b. Zoning Atlas Amendment—Dimmocks Mill Road, Hillsborough, Hillsborough Township 46 The Board held a public hearing, received the Planning Board and staff recommendations and 47 public comments, closed the public hearing, and considered action on a County-initiated Zoning 48 Atlas Amendment to amend the Upper Eno Critical Watershed Overlay District boundary line on 49 two parcels (PINs: 9863-09-3922 and 9864-00-2205) located on Dimmocks Mill Road, 50 Hillsborough, within the Hillsborough Township of Orange County. 51