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