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