12/11/1990 - Laserfiche WebLink

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DEC 111990 1400K,2 F, IE �J Commissioner Scurlock believed that Mr. Dill did raise a significant question in regard to believing in what we convey to the DCA. Commissioner Bird wished to know how staff draws the line between the 600 acres and the remaining 8,000, and Director Keating commented that it is established by environmental surveys based on soil types and vegetative characteristics as set out in Policy 1:31 of the Conservation Element. As to a reasonable use of the land, Commissioner Scurlock commented that he did some research on his own to see what the courts have done, and he found that in one case they upheld the 1 unit to 40 acres; that was in the sand pine area of New Jersey. Commissioner Bowman believed that sand pine area in New Jersey is analogous to what we have here, and she did agree that an 100' setback is nothing at all - it is just an invitation for the residents to hack down the vegetation in that setback so they can have a view of the river. Commissioner Scurlock asked, just for the record, what the C-2 (1/40) allows them to do to the 600 acres and the other land east. What kind of density stacking does that allow because actually what is on the table with the DCA right now hasn't even been discussed. Director Keating advised with the 1/40 essentially they could only provide 1 unit for 40 acres, and it doesn't require any additional clustering and we don't have an 100' setback but only a 50' setback from the river. Environmental Planner DeBlois further clarified that presently you always have the opportunity for PD and clustering, which could apply to the 1/40 with some transfer from the wetlands. Commissioner Scurlock commented that in regard to reasonable use of land, here there is 8,000 acres but he has not seen anyone say let's go to the DCA and propose a significant transfer of higher densities from the area we would like to protect to the 94