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55 <br /> 1 Slide #40 <br /> _ Fiddlehead <br /> Corner <br /> Master Plan <br /> 2 <br /> 3 LeAnn Brown began to answer a list of questions she received from a resident. She said <br /> 4 that one access to the community will be for emergency vehicles only. <br /> 5 Chair Bedford asked LeAnn Brown to pause so that Board members can ask their <br /> 6 questions. <br /> 7 Commissioner Fowler asked what would happen if the wells in this community affected <br /> 8 wells of surrounding properties. <br /> 9 LeAnn Brown said based on the hydrology work completed, she and her team do not have <br /> 10 any reason to believe there is not enough water to support this community and the existing <br /> 11 surrounding properties. She said it is a fear, but there is not scientific evidence to support it would <br /> 12 happen. She said if surrounding wells were impacted they would have to have a conversation <br /> 13 with those impacted about how to move forward, but do not believe that it is a possibility. <br /> 14 Commissioner Greene said at the Planning Board meetings, it was not clear that this would <br /> 15 be a 55+ community. She asked if the thinking has evolved since then. <br /> 16 LeAnn Brown said the thinking has evolved, and the intent is for this to be a 55+ <br /> 17 community. <br /> 18 Chair Bedford asked if the Board is allowed to ask about what the intent is for the <br /> 19 development itself or if the Board can only consider land use. <br /> 20 James Bryan said the Board is limited in that it cannot consider the particular owner, and <br /> 21 it cannot be arbitrary or capricious in its decision-making. She said the Board can look at the land <br /> 22 use and should really be focused on consistency with the Comprehensive Plan. <br /> 23 Commissioner Greene asked if the Board can consider that it would be a 55+ community. <br /> 24 James Bryan said if it is related to the Comprehensive Plan, for instance if aging or types <br /> 25 of housing is mentioned, it is legally plausible that it could be relevant to the discussion. <br /> 26 Commissioner McKee said the terminology used in the proposal was "age-restricted". <br /> 27 James Bryan said if there is any uncertainty or vagueness in the proposal, the Board <br /> 28 should ask for an explicit condition. He said with conditional zoning, the applicant has to agree to <br /> 29 the conditions. <br />