12/21/2022 PLANNING BOARD Minutes

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�... _ ... Page 3 Spring Hill West Subdivision December 20, 2022 The applicant requests that no additional future testing be required because the original homeowner's association is defunct and the proposed new lots will be providing a minimum of 10,000 s.f. of lot area per bedroom as required by Title 5 for nitrogen sensitive areas. The lots as proposed will meet the very strict requirements of Zone II and nitrogen loading and should not have any significant adverse effect on groundwater. Condition No. 6: Condition No. 6 required the establishment of a homeowner's association. A homeowner's association was established in 1990, however, it provided no mechanism for the extension of the restrictive covenants and by law have lapsed. Unfortunately, the applicant has no ability to revive the homeowner's association and a renewed homeowner's association could only be established by the homeowner's within the subdivision. Condition No. 7: Condition No. 7 requires all surface debris, waste or discarded materials be removed from site prior to construction. All surface debris, waste or discarded materials will be removed from the site prior to construction. Condition No. 8: Condition No. 8 required the project to be developed over five (5) years. To the best of applicant's knowledge, the majority of the project was developed over five (5) years. The applicant's development is outside that five (5) year time frame and would ask the Board to waive Condition No. 8. Condition No. 9: Condition No. 9 requires all necessary permits be obtained before commencing work. Applicant states that to the extent they may be required, all permits will be obtained prior to commencing work. Shellback Place Rt 28 Box 560 ashpee, [5081 477 6500 [5081 477 5697 dunkir@dunningkirrane.coni dunningkirrane.com