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members of the Open Space Committee to visit the project site to determine wildlife <br />presence. <br />Based on the reports and record of subsequent Planning Commission public hearings, the <br />applicant did not comply with the Commission's directives or supply information for most <br />of these requests to answer the Commission's questions. Instead, the applicant has <br />maintained a position throughout the public hearings that the Commission's requests were <br />excessive for a zoning permit application and would be more appropriate for a site <br />development permit review. For instance, in reviewing records for the October 7, 2021, <br />January 13, 2022, and March 3, 2022 public hearings and correspondences from the <br />applicant to the Town, the only additional submissions from the applicant to address the <br />Planning Commission's inquiries were a revised site plan and a topographical map on <br />February 14, 2022. These submittals, however, remained inaccurate in that they showed <br />the existing fence in wrong locations and the topographical map was from a previous <br />subdivision dated 10-17-14. Likewise, the applicant has also refused to revise. fencing <br />designs to utilize wooden posts or wildlife friendly designs on the grounds that the request <br />to revise design is excessive for a zoning permit application review. The applicant has also <br />not confirmed the location of existing easements, waterways or swales on the site, and has <br />not clarified where the proposed planting areas and crops would be located on the subject <br />property. As shown in the public hearing records and correspondences to the Town, the <br />applicant has similarly maintained that providing such information would be excessive for <br />a zoning permit application, and is more appropriate for a site development permit review. <br />At the same time, the public hearing records and related submittals demonstrate that the <br />conditions of approval imposed by the Planning Commission were warranted. Of the ten <br />(10) conditions of approval issued on March 3, 2022, Condition Nos. 1, 3, 4, 5, 9 would <br />require the proposed fencing be set back a certain distance, be constructed in accordance <br />with approved plans, and not be located or interfere with any property lines, swales and <br />various types of easements. Condition Nos. 2, 6, 7 and 8 would limit the design of the new <br />fencing to be without spikes, sharpened edges, new lighting, barbed wire and electrified <br />fences. Condition No. 2 would also require wooden posts to match the rural/agricultural <br />character of the property. Condition No. 10 would require certain sections of the proposed <br />fencing design to be constructed with wildlife friendly fence or chain link fence. <br />Based on a review of the record below, these conditions of approval were reasonably <br />related to the project and necessary to achieve the goals contemplated by the Town's Fence <br />Ordinance and zoning/development standards. A stated goal under Section 10-1.507 for <br />fence regulations is to "preserve the beauty and open rural quality of the Town while <br />acknowledging that residents have the right to fence their properties in order to protect their <br />children, contain their animals, and maintain privacy." The design and location of new <br />fencing is well within the Planning Commission's authority to impose and is reasonably <br />related to preserving property interests and maintain the Town's rural/open space <br />characteristics. Prohibiting proposed new fencing from locating within easement areas, <br />swales and other private property interest areas are also reasonably related and necessary <br />to allow the construction of fencing while preserving the use of private property and avoid <br />intervention with natural site features. <br />Resolution 63-22 Page 6 <br />