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Board weighs 2002 approval and steep-slope exemptions for proposed Crook development
Summary
Members debated whether the lot qualifies as a 'lot of record' exempt from the steep-slope overlay; they concluded exemptions likely apply but stressed the project must meet current drainage and erosion-control standards in any approval.
Board members reviewed historical approvals and the town’s steep-slope overlay ordinance while assessing whether the current site plan can proceed without violating steep-slope restrictions.
One board member said the regulation’s exemptions apply to lots recorded before adoption of the overlay and noted: "Lots of record recorded in the Hillsborough County Registry of Deeds prior to the adoption of this ordinance... shall be exempt from the requirements of [the steep slope overlay]." The board parsed minutes and the 2002 plan language that required no "unnecessary disturbance" beyond clearing limits, and members observed that while the lot may be exempt from the overlay, updated drainage standards effectively expand the scope of required stormwater infrastructure compared with the older plan.
Board members concluded that the 'lot of record' status reduces strict prohibition on building in steeper areas but does not remove the need to meet modern erosion-control and drainage standards. The board asked the applicant to demonstrate compliance with current design requirements and to provide documentation tying the 2002 materials to present conditions.
