Laserfiche WebLink
27 <br /> granted you the right to use open space. <br /> Mr. Carl Delorme entered the conversation by stating that Mr. Weinstein granted <br /> the land to the state and then they renegged on using it. It wasn't a deed problem <br /> at that point. It was the state declaring that it was their land and Mr. Weinstein <br /> couldn't use it for nitrogen loading. He thought that that was what went down on <br /> that particular property. <br /> Mr. Harrington interjected that the way that the state treats it right now is that <br /> there is an $1,100.00 application to prevent nitrogen loading on that open space. <br /> The problem that they run into occurrs when the subdivisions well construction <br /> occurrs before' 1995. That to him property should be grandfathered. <br /> Ms. Warden included that some of those subdivisions are in 20-year requirement <br /> zones on the open space that the planning board required previous to 1995. They <br /> are not in perpetuity status. <br /> Mr. Harrington stated that that would be a problem in this case because if you <br /> were going to use the open space as a credit for nitrogen loading. Then that open <br /> space would have to be in deeded into perpetuity. <br /> Mr. Ball doesn't have a problem with this applicant's request for a three-bedroom <br /> system. But, he doesn't want to use the open space on this because the BOH <br /> hasn't done it in the past. If you are putting a denitrification in you are going to get <br /> your credits for the third bedroom. You can call it open space. <br /> Mr. Harrington continued by stating that with this recycling sand filter he would <br /> not meet the requirements to have three-bedrooms. He would be allowed only two <br /> without the open space. Even with the denitrification or Fast System he wouldn't <br /> need it. However, even if the BOH approved it. He would still have to go for state <br /> approval. The Fast System doesn't meet the nitrogen loading regulations. This <br /> made it even more important for them to get water installed there. <br /> Mr. Ball asked if there was town water there. <br /> Mr. Delorme stated that the Town water runs right down Monomoscoy and up <br /> Meadow Brook. It is on their doorstep. <br /> Mr. Ball reiterated that in order for him to get three bedrooms the BOH would have <br /> to include open space with a denitrification system. <br /> Mr. Harrington continued that that was correct. However, either way the DEP <br /> would have to look at it anyway because they don't meet nitrogen-loading <br /> regulations. <br /> Mr. Ball stated that Mr. Delorme would probably be the only one using the open <br /> space because no one else has come forward from that subdivision with this <br /> request. This was primarily because most of the homes in the subdivision pre- <br /> dated the 1995 changes in regulations. <br />