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Commissioners approve rezoning after applicant agrees to convey dam parcel to neighbor; on‑site permit withheld until transfer
Summary
Rezoning for a 52‑acre senior living subdivision was approved after the applicant agreed to convey the portion of the dam and spillway affecting Phillips Lake to adjacent owner Frederick Chumley; the board required that the on‑site land‑disturbance permit be withheld until the conveyance is complete.
Board conditions require transfer of the dam parcel to neighboring owner before on‑site construction can begin.
The Board of Commissioners on July 15 approved rezoning case Z‑10‑2025 for a proposed senior living subdivision, contingent on a stipulation the applicant read into the record: plans may be approved and a land‑disturbance permit issued, but the on‑site permit that allows construction to begin will be withheld until the applicant conveys the shaded portion of the dam, spillway and adjacent wetlands to adjoining owner Frederick (Fred) Chumley.
Why it matters: the parcel contains an existing dam (identified in the hearing as Phillips Lake) with multiple private owners and an emergency spillway that affects Chumley’s property. The transfer places primary ownership and responsibility for dam maintenance with the adjacent landowner who said he agreed to accept it.
Most important details - Applicant attorney Kevin Moore described a negotiated solution that would convey the portion of the dam and spillway that sits on the proposed…
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