FAIRFAX DEVELOPMENT REVIEW BOARD Wednesday, October 19, 2011

John and Mary Rooney Revision of a Final Plat Hearing of a 13-lot PUD at 26 Apple Tree Rd.

Members present: J. Heyer, C. Rainville, B. Murphy, M. Casey

Alternated present: None

Applicant present: J. Rooney

Public present: D. Shea; S. Taylor, ZA

7:00 PM- The public notice was read, introductions made, and interested persons sworn in.

Mr. Rooney explained that he wanted to move the private road slightly to avoid ledge. This would affect only Lots 2 and 3. He is also removingthe replacement mound systems from Lots 3 and 4. There would be no change to lot boundaries or acreage of individual lots. Mr. Rooney explained that the presence of ledge affected the cost of building the road;created difficulty in maintaining road pitch; would make blasting necessary; and may affect wetlands. There are yet no current lot owners to be impacted by this change.

Action Items:

1. B. Murphy requested that there would need to be updated road covenants to reflect any changes to the road.

2. Changes to Condition #4 in the May 20, 2009 Findings of Fact and Order would need to reflect the movement of the road as it pertains to property boundaries (center of the ROW).

There was additional discussion regarding septic on Lots 3 and 4 and building envelopes on Lots 2 and 3.

Open to Public Input

D. Shea asked about discussion from an earlier hearing regarding widening Sam Webb Rd at the intersectionwith Apple Tree Rd. He referred to a letter to the DRB dated September 30, 2008 from the Don Pigeon (Town Road Foreman) referring to safety issues at the intersection. There was additional discussion re: a dangerous curve near the intersection and limited line-of-sight that Mr. Shea said the Road Foremen needs to address.

Action Item:

3. Condition 03.D of the May 20, 2009 Findings of Fact and Order refers to the intersection of Sam Webb and Apple Tree Rd., not the curve immediately to the west of the intersection. There was discussion of the Road Foreman’s letter regarding the removal of brush and trees, possible changes to the curve in the road, and the Potter Rd. mailboxes on Sam Webb that need to be revisited.

In addition, Mr. Shea expressed concern about 16 new wells [there will actually be 10] and their effect on the surrounding existing wells in the area. B. Murphy explained that the subject was already part of the public record and that hopefully the parties can come to a private agreement.

7:40 PM- C. Rainville moved to close the hearing to public input and move to deliberative; B. Murphy 2^nd. All in favor.

Respectfully submitted,

Martha Varney, Zoning and Planning Assistant

Approved: ______________________________ Date: ____________________, 2011

For the Development Review Board

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These minutes are unofficial until the next regularly scheduled meeting. All motions were unanimous unless otherwise indicated.