MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE

        TOWN OF CHAPEL HILL, MONDAY, NOVEMBER 20, 1989

 

Mayor Howes called the meeting to order. Council Members in at­tendance were:

 

     Julie Andresen     Nancy Preston

     David Godschalk    Arthur Werner

     Joe Herzenberg     Roosevelt Wilkerson, Jr.

 

Also in attendance were: Town Manager David Taylor, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Public Safety Director Cal Horton, Planning Director Roger Waldon and Town Attorney Ralph Karpinos.

 

Mayor Howes acknowledged the presence of Council Member‑elect Joyce Brown in the audience this evening.

 

Cameron‑McCauley Historic District Public Hearing

 

Long‑Range Planning Coordinator Chris Berndt reviewed the bounda­ries of the proposed Cameron‑McCauley historic district. Ms. Berndt said that the historic district approval process is a slow one, with many State regulations. Ms. Berndt stated that the pro­posal had been reviewed extensively by the Historic District Com­mission and the State Division of Archives and History.

 

Ms. Berndt noted two major advantages of the district were that the district would not affect the use of properties or zoning and it would protect homeowners from incompatible design in their neighborhood. Ms. Berndt added that information concerning tax advantages of the district had been included in the Council's materials.

 

Ms. Berndt stated that the Historic District Commission could delay the destruction of a building for up to one hundred and eighty days in a historic district, if necessary. Ms. Berndt stated that a study of the Cameron‑McCauley area by Mary Reeb had identified twenty‑five extremely significant structures in the neighborhood, with most significant structures being located along Cameron Avenue and Mallette Street.

 

Ms. Berndt stated that the State Division of Archives and History had reviewed the Cameron‑McCauley Historic District application and approved the appropriateness of the district. Ms. Berndt noted that the inclusion of the University power plant in the proposed district had generated a lot of comments. Ms. Berndt noted that the State Division of Archives and History had re­quested that the power plant be included in the historic district due to the significance of the old laundry facility in the com­plex.

 

Ms. Berndt said a recently submitted protest petition would be examined to determine whether it met State regulations. Ms. Berndt added that if adopted, the historic district would neces­sitate changes to the zoning atlas. Ms. Berndt outlined the three justifications for amendments to the zoning atlas, noting that purposes of the Comprehensive Plan would be realized through the protection of a residential neighborhood.

 

Council Member Godschalk said he found it incredible that the power plant was recommended for inclusion in the district. Ms. Berndt said representatives of the State Archives and History Division had made a site visit prior to their recommendation. Ms. Berndt said the staff found that the site had areas worthy of protection, including the landscaping at the front of the proper­ty­

 

Council Member Godschalk expressed his considerable concern about the timing and noticing of the Cameron‑McCauley Historic Dis­trict. Ms. Berndt responded that there had been two neighborhood meetings concerning the proposed historic district. Ms. Berndt said residents had been provided notices of Council, Planning Board and Historic District Commission discussions of the pro­posed Cameron‑McCauley District.

 

Council Member Herzenberg noted that some residents of Cameron Avenue and Mallette Street had initiated a request for the Cameron‑McCauley district about ten years ago.

 

Council Member Wilkerson inquired how many pieces of property would be covered by the overlay. Ms. Berndt said approximately two hundred and twenty structures. Council Member Wilkerson said he would like to know the exact number of structures covered and the exact number of property owners.

 

Council Member Preston requested that staff research how many property owners live in the dwellings and how many are absentee owners.

 

Lillian Page, representing the Historic District Commission, said a draft historic significance report on the Cameron‑McCauley neighborhood had been presented to the Council in October, 1988. Ms. Page stated that the Planning Board reviewed this document in April, 1989 and a report was made to the Council on June 26, 1989. Ms. Page noted that Dr. Henry Clark had requested that the Council hold a public hearing on the Cameron‑Mccauley district in November, 1989 instead of February, 1990. Ms. Page stated that preliminary comments by the State Division of Archives and Histo­ry agree with the formation of an historic district. Ms. Page noted that seventy‑four neighborhood residents said they favored the district, while forty‑one said they opposed the district.

 

Ms. Page noted that the Historic District Commission, at its No­vember 9, 1989 meeting recommended the inclusion of the University Power Plant in the proposed district. Ms. Page added that a State statute effective October 1, 1989 permits the inclu­sion of University property in historic districts.

 

Bruce Guild, Planning Board Chairperson, said that all motions on the floor concerning the historic district had failed. Mr. Guild stated that members of the Planning Board had various concerns about formation of the district. Mr. Guild said that at least one resident felt the historical report was not accurate, while some older neighborhood residents did not recall the history of one of the buildings the same way as written in the significance report.

 

Council Member Godschalk inquired whether it was correct that the planning Board did not support the designation of Cameron‑McCauley as an historic district. Mr. Guild said the Planning Board was unable to reach a consensus of any type on this matter. Council Member Godschalk inquired whether there had been any discussion of the power plant at the Planning Board meeting. Mr. Guild said no, noting that Planning Board consider­ation of the matter had occurred in April, 1989, prior to the new State Law permitting inclusion of University property in historic districts.

 

Town Manager Taylor said his preliminary recommendation to the Council was that the Cameron‑McCauley Historic District be recom­mended for formation, with the power plant matter to be further discussed by the Town and Gown Committee.

 

Council Member Werner said he failed to understand why the power plant was being included in the proposed district. Council Mem­ber Andresen, noting that she had served on an earlier version of the Town and Gown Committee, said the architect had discovered that the old laundry facility had some architectural merits.

 

Mary Elizabeth Ford, an alumnus of Kappa Kappa Gamma, said her sorority's house is located at the corner of Pittsboro and McCauley Streets. Ms. Ford said she proud of the house and de­lighted that it was included in the proposed historic district.

 

Dr. Henry Clark, speaking on behalf of Sigma Nu fraternity, said he strongly encouraged the formation of the historic district. Dr. Clark said that virtually all the houses on Fraternity Row are in need of major renovations. Dr. Clark said individual fra­ternity house corporations had worked inefficiently over time, leaving large loans outstanding. Dr. Clark said few persons are willing to make large donations unless their gifts are tax‑de­ductible. Dr. Clark noted that the Chapel Hill Preservation So­ciety can receive donations which are tax‑deductible. Dr. Clark said that one fraternity had already employed this approach. Dr. Clark said that Sigma Nu had recently celebrated its one hun­dredth anniversary and had received $356,000 in pledges to date. Dr. Clark said that Sigma Nu and other fraternities desperately need the tax deductibility of gifts as an incentive for giving. Dr. Clark urged the Council to approve the Cameron‑McCauley Historic District, stating that this would reinvigorate fraternity and sorority house preservation programs in the area.

 

Neil Holmes, representing Phi Kappa Sigma fraternity, said his organization's house had been a tremendous eyesore to the commu­nity in recent years. Mr. Holmes said efforts were in motion to bring the building up to code standards as soon as possible. Mr. Holmes said the establishment of a historic district would en­courage housing preservation programs in the area.

 

Welford Lineweaver, representing Sigma Chi fraternity, said his fraternity had celebrated its one hundredth anniversary over the past weekend. Mr. Lineweaver said approximately $300,000 had been raised for improvements to the Sigma Chi house to date, while total donations of $700,000 to $750,000 would be needed to complete the project. Mr. Lineweaver said he would appreciate any assistance that the Council could provide regarding formation of the historic district.

 

Robert Page, representing Phi Delta Theta fraternity, said $5,000 in annual donations were currently received from alumni for house improvements. Mr. Page said donations of $15,000 per year are needed to maintain the chapter's house.

 

Isabel Lewis, a resident of the Cameron‑McCauley neighborhood since 1956, said she had signed a request in 1979 to establish a historic district in her neighborhood. Ms. Lewis said most of the neighborhood's unique and original features are still intact. Ms. Lewis said the history of the area varies according to who is recounting events.

 

Jim Webb said he was in his third term on the Town's Historic District Commission. Mr. Webb also indicated that he had previ­ously served for fourteen years on the Appearance Commission. Mr. Webb, noting that his own home is located outside the bounda­ries of the proposed historic district, said he was speaking on behalf of Mrs. Charles Maurice and Johnnie Parker, two property owners in the district. Mr. Webb said as one of the early mem­bers of the Appearance Commission, he questioned the need for historic districts. Mr. Webb said enforcement could be achieved through Town advisory boards.

 

Dr. John Shelton Reed, 126 Mallette Street, said he was speaking in favor of creation of the district. Dr. Reed said he had lived on Mallette Street for fifteen years and had seen a slow and steady deterioration of housing stock during this period. Dr. Reed said he did not know whether formation of a historic dis­trict would help to change this situation. Dr. Reed said he hoped the symbolic value of the historic district might direct attention to the neighborhood.

 

Leonard Jernigan, representing Sigma Alpha Epsilon, said he had been a Town resident from 1954 to 1976. Mr. Jernigan said he enjoyed watching changes in the Town during this period and since that time. Mr. Jernigan said the alumni association of his fra­ternity was not very active, therefore it was difficult to main­tain the fraternity house properly. Mr. Jernigan urged the Coun­cil to support creation of the historic district.

 

Surry Roberts, President of the Delta Kappa Epsilon fraternity, stated that student organizations draw people back to Chapel Hill. Mr. Roberts said that the 1980's had witnessed a rebirth of interest in fraternities.

 

Barbara Jones, 118 Mallette Street, said she had always taken pride in the Town, but did not want additional restrictions on her property. Ms. Jones stated that five of the nine property owners who had signed a petition in 1979 requesting establishment of the Cameron‑McCauley Historic District had moved out of the neighborhood. Ms. Jones said that the petition did not repre­sent the wishes of current neighborhood residents. Ms. Jones said individuals wanting to establish the historic district have no direct link to the neighborhood.

 

Ms. Jones expressed concern that the hearing date for the dis­trict had been moved from February, 1990 to November, 1989, to accommodate the wishes of the Sigma Nu fraternity. Ms. Jones said that fraternity alumni will write checks to the Chapel Hill Preservation Society and turn the money back to the fraternity. Ms. Jones added that additional staff will be needed to oversee any new historic districts approved by the Council. Ms. Jones said she did not approve of the need to hire additional staff since the historic district should not be created.

 

Ms. Jones stated that she tried to orchestrate a protest peti­tion, but did not have sufficient time to do so. Ms. Jones ex­pressed concern that lot numbers were needed on a protest peti­tion. She indicated that eight days was insufficient time to complete such a project. Ms. Jones concluded her remarks by stating that the Council is elected to represent all citizens of the Town.

 

James T. Dobbins said he sympathized with a letter from Ms. Josephine Delancy, noting that no historic structures stand out in the neighborhood. Mr. Dobbins said he was perplexed by any potential benefits arising from creation of the district. Mr. Dobbins reviewed several of the potential benefits, noting that he would have no reason to support the historic district. Mr. Dobbins said he hoped that the Council would not vote in favor of the historic district.

 

Julian Raney said he had lived in the neighborhood for sixteen years. Mr. Raney added that most homes did not have central heat or air conditioning at the time of his residence. Mr. Raney observed that only one original house was still standing on the block where he had resided. He added that the Council was being asked to add another layer of bureaucracy by creating the Cameron‑McCauley historic district. Mr. Raney said the original wing of the Carolina Inn is somewhat unique, but other structures in the neighborhood are not very historically significant. Mr. Raney concluded his remarks by noting that Council energies would be better applied to solving other matters.

 

Gene Swecker, Associate Vice‑Chancellor, UNC, said that the in­clusion of University property in the historic district did not serve any purpose for the district. Mr. Swecker inclusion of the power plant is inconsistent with historic district guidelines. Mr. Swecker requested that the Council not included the power plant in the historic district. Mr. Swecker said the Consulta­tion and Coordinating Committee could also discuss the power plant situation in greater detail.

 

John Sanders, Chairman, University Buildings and Grounds Commit­tee, said that the Cameron‑McCauley area as a w?ole is pleasant, interspersed with fraternity and sorority houses. Mr. Sanders said that the power plant is an industrial facility, currently undergoing many changes. Mr. Sanders also noted that the Caroli­na Inn will undergo renovations when funds to do so are identi­fied. Mr. Sanders urged the Council to comply with the Universi­ty's request to refer the power plant matter to the Consultation and Coordinating Committee for further discussion.

 

Shirley Clapham, 308 Cameron Avenue, said she had resided in the area for more than fifteen years. Ms. Clapham expressed concern that persons outside the neighborhood had initiated the current historic district initiative. In addition, Ms. Clapham expressed concern that the Historic District Commission had chosen not to correct errors in area history when it was brought to their at­tention. Ms. Clapham said she had not been informed by the Town about protest petitions. Ms. Clapham said residents had origi­nally been told they would have a say in the creation of the his­toric district. Ms. Clapham said that to the layman, the hearing and input process for the historic district appeared to be dis­honest. She noted that the Planning Department had not indicated how many signatures would be needed to have a valid protest peti­tion. Ms. Clapham said that a few owners oppose the historic dis­trict designation but were afraid to sign the petition. Ms. Clapham said an atmosphere of ill will had been created, but ex­pressed confidence that the Council would be fair in its handling of the matter.

 

Rebecca Clark said the Cameron/McCauley area is unique. Ms. Clark noted that if the Council created a historic district, the last two blocks on Cameron Avenue should be exempted, including the power plant and laundry.

 

Dan Murphy, a resident of the Town's historic district, said that the Cameron/McCauley district would not qualify as a historic district since it does not have the proper atmosphere. Mr. Mur­phy said that the most significant artistic expression of indi­viduals is the style of their own home. Mr. Murphy said requir­ing government issued certificates in the historic district was an Orwellian concept. Mr. Murphy stated that power goes to peo­ple's heads when free expression of citizens is limited. Mr. Murphy requested that the Council reject the proposed Cameron/McCauley historic district.

 

Lunsford Long said he was one of nine persons who had originally signed the petition requesting historic district recognition in 1979. Mr. Long said he was no longer in favor of the proposal. Mr. Long stated that the Cameron‑McCauley does not possess the character of an historic district, since its character is unde­fined. Mr. Long said that creation of an historic district could make matters worse for neighborhood residents.

 

pete Reist said he was speaking in support of the historic dis­trict. Mr. Reist stated that he was leery of renovating ?is property from its existing three apartments into a house until a final decision is made on the creation of the historic district.

 

Betty Caldwell, President of the Chapel Hill Preservation Socie­ty, urged the Council to approve the establishment of the Cameron/McCauley historic district. Ms. Caldwell said she be­lieved that the present historic district has revitalized and improved neighborhoods in the Town.

 

Earl Peacock expressed grave concern about utilizing the creation of an historic district to finance improvements to fraternity and sorority houses. Mr. Peacock said that even though the concept of creating a historic district may be right, now is the not the time to create one.

 

George Steele, 205 West University, said he was a relative new­comer to Chapel Hill. Dr. Steele said he had seen dramatic changes in the use of Pittsboro Street. Dr. Steele said if the district were established, it might reverse the trend of some deterioration in the neighborhood. Dr. Steele said he would hate to lose the pleasant character of the area adjacent to the University campus.

 

Council Member Wilkerson said he was concerned about process, particularly that pertaining to protest petitions and their timeframes. Council Member Wilkerson said that the forty‑seven homeowners (21 1/2?) opposing the district appeared to meet the twenty percent threshold. Council Member Wilkerson also ex­pressed concern that several individuals had addressed the need for tax deductibility of contributions for housing renovations in the neighborhood, while other residents of the neighborhood struggle to earn $10,000 in a year.

 

Council Member Preston noted that appearances and changes to the neighborhood would be regulated if the historic district were created. Council Member Preston added that land uses would not be regulated by the historic district.

 

Council Member Herzenberg noted that historic districts must be certified by the National Parks Service in order to result in tax benefits. He inquired about what was involved in this process.

 

Council Member Godschalk inquired when this item would return for a Council vote. Town Manager Taylor stated that December 12th had been anticipated, but a January date might be necessary, due to the number of comments that needed to be addressed by Town staff.

 

Council Member Godschalk noted that at the January 28, 1987 Coun­cil meeting, he had expressed doubts about creation of the dis­trict. Council Member Godschalk said he was particularly con­cerned about gerrymandering of district lines and the fact that fraternities and sororities might be the only beneficiaries of the district. Council Member Godschalk said he hoped these fac­tors would be taken into account when the Council voted on the matter.

 

Council Member Werner requested that the staff identify addition­al development approvals required only in historic districts.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER WERNER, TO REFER THIS ITEM TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

Rocky Hill Master Plan

 

Mayor Howes requested that persons desiring to testify in this matter come forward to be sworn.

 

Town Manager Taylor requested that agenda item ?2 and its related attachments be entered into the record of the hearing. Mayor Howes concurred.

 

Planning Director Roger Waldon said that the application before the Council could not have been entertained by the Council prior to adoption of the master plan approval process. Mr. Waldon said the process would assure a manner of coordination in the future.

 

Mr. Waldon stated that the site consists of 112 acres on the north side of Weaver Dairy Road. Mr. Waldon added that 8.5 acres of the site would be used for office and commercial activities.

 

Mr. Waldon reviewed the site plan, highlighting the proposed internal roadway system.  Mr. Waldon noted that 325 dwelling units on 103 acres are ultimately proposed for the Rocky Hill subdivision. Mr. Waldon indicated that there was no definite timeframe for phasing of the project.

 

Mr. Waldon noted that if the master plan application were ap­proved, special use permit applications would be needed for fu­ture individual phases.

 

Mr. Waldon reviewed key issues concerning the application. Mr. Waldon stated that Amesbury Drive would ultimately connect to Rocky Hill subdivision. Mr. Waldon added that the proposal was consistent with the Comprehensive Plan, since predominately resi­dential use is planned. Mr. Waldon stated that the inclusion of over eight acres of commercial use in the center of the area will reduce some automobile trips and create pedestrian linkages. Mr. Waldon said the Manager's recommendation was to consider the ap­plication favorably.

 

Council Member Werner inquired about the linkage of Sage Road extension to the subdivision. Mr. Waldon pointed out the linkage on an exhibit map.

 

Noting that a substantial portion of the site was in the resource conservation district, Council Member Andresen inquired what the actual density was for this site. Mr. Waldon said the applicant could best provide this information.

 

Council Member Andresen inquired whether there would be a problem with people commuting into the commercial area from outside the subdivision. Mr. Waldon said some non‑neighborhood residents might frequent the commercial area. Council Member Andresen asked whether potential impacts on Cedar Falls Park had been con­sidered. Mr. Waldon said that turning movements would work best by lining up entrances to the park and subdivision. Mr. Waldon suggested that a study be conducted to see whether a pedestrian crossing is warranted in the area. Council Member Andresen in­quired about the number of estimated trips per day from Rocky Hill. Mr. Waldon said ten trips per day for each of the 325 units are estimated, resulting in a total of 3,250 vehicles trips per day.

 

Council Member Wilkerson inquired whether ?he staff could respond to Ms. Suzanne Haff's concerns about dams in the area. Mr. Waldon said the integrity of dams would need to be assured. Mr. Waldon noted that the approved plan would include provisions for ongoing inspection and maintenance of these facilities.

 

Council Member Preston inquired whether the ponds would need to be bigger at buildout. Mr. Waldon said he did not think so.

 

Council Member Wilkerson inquired when buildout is anticipated and what is the scenario for providing Town services. Mr. Waldon said the first question depended on local economic conditions. Mr. Waldon added that a full array of Town services would be provided to Rocky Hill subdivision. Council Member Wilkerson in­quired whether Fire Station #4 could provide protection services to the area. Mr. Waldon said yes.

 

Council Member Andresen inquired which three findings would have to be met for special use permit approval to occur. Mr. Waldon said that public health, welfare and safety standards would have to be met, area property values maintained, and objectives of the Comprehensive Plan would have to met.

 

Council Member Werner inquired whether it was possible that the first node of the project would be commercial. Mr. Waldon said this was possible.

 

Joe Hakan, representing Hakan and Corley, said that the subject property is owned by NCNB representing the Sweeney Trust. Mr. Hakan said the first inclination of the property owners was to divide the tract into four or five twenty‑acre parcels. The land appraiser recommended that a master plan be filed for the better­ment of the property and its clients. Mr. Hakan said he thought the area would be a good one for a cluster subdivision. Mr. Hakan noted that R‑2 zoning would permit a maximum of 448 units on the site, contrasted to the 323 proposed units. Mr. Hakan said it would not be possible to support commercial tract without having the other phases of the project completed and occupied. Mr. Hakan said he was excited to bring a quality cluster development before the Council for their consideration.

 

Michael Hammersley, Hakan and Corley project engineer, reviewed street plans for the Rocky Hill master plan. Mr. Hammersley said the streets would not be curb and guttered, saving natural topog­raphy in the area. Mr. Hammersley added that clustering of the subdivision would result in more open space. Mr. Hammersley said the neighborhood common center was centrally located to provide a pedestrian feel to the community. Mr. Hammersley said a trail network would run throughout the neighborhood.

 

Council Member Andresen inquired about the overall density of the project, taking into account the ponds and resource conservation district. Mr. Hammersley said overall gross density would be approximately six units per acre. Council Member Andresen in­quired whether all land would have to be cleared for construction of the homes. Mr. Hammersley stated that the rear portions of lots would not need to be cleared. Mr. Hakan noted that the de­velopment of lots would be at the discretion of individual devel­opers.

 

Eddie Bland, NCNB Trust Officer, said the tract before the Council was the largest undeveloped tract of property in the area.  Mr. Bland said a quality, upscale master plan concept was being presented to the Council. Mr. Bland said that NCNB does not have immediate plans to market the property, but was seeking master plan approval.

 

Mike Horn stated that a traffic report had been filed. Mr. Horn said that Rocky Hill is a one hundred and twelve acre mixed‑use site with three hundred and twenty‑three proposed units and 20,000 square feet of commercial and 5,000 square feet of office space. Mr. Horn noted that turn lanes would be required on Weav­er Dairy Road, and a right‑turn lane would probably be needed at NC 86 and Weaver Dairy Road.

 

Council Member Preston inquired whether the developer would in­stall a right‑turn lane or would be asked to put the funds in escrow. Town Manager Taylor said this would be determined when the first special use permit for the site is submitted.

 

Council Member Werner inquired why the signal warrant study for Weaver Dairy and Erwin Roads would not occur until the last phase of the project. Mr. Horn said that when the connection to Sage Road is made in the future, traffic volume at Weaver Dairy and Erwin Road will be reduced. Mr. Horn concluded his remarks by noting that bids of interest for widening NC 86 had recently been submitted to the North Carolina Department of Transportation.

 

Planning Board Chairperson Bruce Guild said the Planning Board was generally in favor of the project with a few stipulations, including not recommending a stubout to Amesbury Road. Mr. Guild indicated that the Planning Board also discussed who would be responsible for maintaining on‑site lakes. Mr. Guild noted that the commercial node of the project had been discussed at length, questioning whether it was truly a neighborhood commercial hub, since it would generate an estimated three thousand vehicle trips per day.

 

Mr. Guild added that the Planning Board had expressed some con­cerns about some developers using cluster subdivisions to merely reduce lot sizes. Mr. Guild said that all applications for clus­ter subdivisions will be carefully examined at the special use permit stage for lot sizes. Mr. Guild also noted that the Plan­ning Board would discuss whether the ratio of office to commer­cial could be changed after a master plan is approved.

 

Town Manager Taylor said his preliminary recommendation was adop­tion of Resolution A with stipulations.

 

Bob Wharton, a resident of Chandler's Green said he opposed the Rocky Hill proposal. Mr. Wharton said he and his neighbors would make several presentations highlighting their reasons for oppos­ing the project.

 

Bert O'Malley, a resident of Sweeten Creek Road, said he would outline concerns about traffic safety, fire protection and school overcrowding generated by the development of Rocky Hill. Mr. O'Malley said that over six hundred and fifty cars would be added to area roadways as a result of the development. Mr. O'Malley said the cars will enter and exit the neighborhood through two roadways onto Weaver Dairy Road. Mr. O'Malley expressed concern that some portions of Weaver Dairy Road have steep curves and have blind spots. Mr. O'Malley said that many children will cross Weaver Dairy Road to reach Cedar Falls Park and the planned swimming pool at this facility. Mr. O'Malley said that it is currently very difficult to enter and exit Weaver Dairy Road from Sunset Road. Mr. O'Malley suggested that a traffic study be per­formed for Rocky Hill during periods of peak traffic activity.

 

Mr. O'Malley said that the one and a half mile fire response time from fire station #4 could pose a potential fire safety problem. Mr. O'Malley stated that if fewer units were built without common walls, there would be less fire danger. Mr. O'Malley concluded his remarks by noting that Rocky Hill would add over two hundred children to area schools. Mr. O'Malley said this would create additional problems for already overcrowded area schools.

 

Nina Cohan said that Rocky Hill failed to comply with Development Ordinance regulations concerning appropriate transition areas. Ms. Cohan said that proposed buffering for the project would be inadequate in addressing noise, dust and privacy concerns. Ms. Cohan expressed concern that buffering along Weaver Dairy Road would be removed in the future when widening of the road is un­dertaken. Ms. Cohan requested that the Council take necessary steps to keep the Chandler's Green neighborhood safe.

 

Suzanne Haff, a homeowner in Chandler's Green, said soils and slopes in the area would pose severe limitations on the Rocky Hill development. Ms. Haff stated that many types of wildlife currently occupying the area could be negatively impacted by the development of the land. Ms. Haff stated that damming of area lakes would have to be maintained in the future. Ms. Haff also noted that sewer lines for the area are not shown in the Compre­hensive Plan.

 

Mr. Wharton said he and his neighbors had attempted to meet with the developer and trustees of Rocky Hill to discuss development of the parcel. Mr. Wharton said he had spent many hours re­searching the proposal. Mr. Wharton expressed concern that the developer was floating a trial balloon, trying to raise the value of the overall property. Mr. Wharton encouraged the Council to support the adoption of Resolution C, denying the application.

 

Margaret Taylor, President of the Alliance of Neighborhoods, said that the plan had some positive points. Ms. Taylor stated that Mr. Hakan normally does a good job of developing properties. Ms. Taylor expressed concern that there is a lot of room for slippage if a master plan approval is passed along to a new owner. Ms. Taylor stated that it might be unwise to entrust the development of such a large tract of land to the master planning process.

 

Ms. Taylor said that lack of notice for projects of this type is a problem. Ms. Taylor said it takes time to amass research for counteracting proposals. Ms. Taylor stated that it is unfair to pass this burden on to citizens. Ms. Taylor requested that the Council accept the Planning Board's recommendation, to not cut‑through to Amesbury, since to do so would violate the Compre­hensive Plan. Ms. Taylor requested that the Council give due consideration to the residents of Chandler's Green subdivision.

 

Gary Kibler, a resident of Chesley subdivision, stated that there could be a 50‑85% increase in traffic volume on Weaver Dairy Road in the near future. Mr. Kibler said he did not know how this could promote people's health. Mr. Kibler stated that he did not understand how this project could be approved by the Council.

 

Mr. Williams stated that turning left from Cedar Falls Park en­tails turning in front of a blind curve. Mr. Williams said he was concerned that Rocky Hill would be five times as dense as the Chesley subdivision. Mr. Williams said that residents of Carol Woods could also be negatively impacted by the development of Rocky Hill.

 

Mr. Hammersley said that a line of sight easement will be cut through on Weaver Dairy Road to address the problem of the blind curve. Mr. Hammersley added that sanitary sewer will be connect­ed to a system behind Chesley subdivision, rather than connecting to an existing lift station.

 

Council Member Werner requested that the staff provide a list of options for types of development that could come in for residen­tial and commercial approval. Council Member Werner also re­quested clarification of how uses are impacted by future changes in the development ordinance once a master land use plan is ap­proved. Council Member Werner stated that current sight distance out of Cedar Falls Park is atrocious.

 

Council Member Andresen said the Rocky Hill plan contained some innovative and creative ideas. Council Member Andresen stated that if the master plan is approved, staff should examine drain­age, the effect on ponds, transportation impacts, and other re­lated issues. Council Member Andresen also requested density comparisons between Rocky Hill, Summerfield Crossing and other similar developments.

 

Council Member Herzenberg said the idea of the commercial node being hidden in the middle of the development troubled him, since it was on the most prominent part of the site. Council Member Herzenberg stated that it was troubling that the burden of proof shifts after master plan approval has occurred.

 

Council Member Wilkerson requested that a specific program for widening of Weaver Dairy Road be composed, outlining when and how this project would be accomplished.

 

Mr. Wharton requested an opportunity to rebut the applicant's statements. Mr, Wharton inquired how cut‑backs and buffers would be preserved in the are. Mr. Hakan said buffers would be re­quired by Town and State standards. Mayor Howes requested that this matter be furthered addressed by the staff in the future.

 

Mr. Hakan said he accepted the Manager's preliminary recommenda­tion and stipulations.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO REFER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑?).

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER PRESTON, THAT THE ITEM BE RETURNED FOR COUNCIL CONSIDERATION AT THEIR JANUARY 8, 1990 REGULAR MEETING. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

Marilyn Lane Improvements

 

Town Engineer George Small said a petition had been received by the Town to make improvements to Marilyn Lane. Mr. Small noted that Marilyn Lane is a private street which has been accepted for maintenance by the Town. Mr. Small stated that the assessment would be shared equally by eight property owners. Mr. Small said a preliminary assessment roll had been prepared and that a final assessment roll would be brought before the Council in the fu­ture.

 

Mayor Howes noted that there were no citizen comments on this matter.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER WILKERSON, TO REFER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (7‑0).

 

The Council concurred that due to the lateness of the hour, the scheduled Executive Session would be deferred until Tuesday eve­ning, November 21st, following the continuation of the Council's November 13th regular meeting.

 

The hearing stood adjourned at 11:32 p.m.