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COMPOSITE REPORT - Page 2 APPLICATION NO. STAFF COMMENTS REGIONAL PLANNING Petition 7106. This proposed residential development appears to conflict with adopted town/county policies in the Town of Berry. This is an agricultural preservation area where the applicable policy is: "No land division of less than 35 acres will be permitted in the agricultural district unless the following criteria are all met as follows: - Land where farming has not been economical in the past - Land parcels too small for practical agriculture activities such as accessibility for farm machinery - Land which does not require the development of a public road, and fronts or abuts a public road - Land which has less productive soils than "prime"or"Statewide significance"as delineated on the soil maps - Land where development would not destroy wetlands, and steep slopes. There will be a limit to the number of lots which may be created by certified survey of one parcel for each thirty-five acres, or portion thereof, owned as of the date of the adoption of this plan." Comments related to the policies: - The large rezone along Far View Road appears to be a hayfield. - The large parcel along Far View Road (nearly 100 acres) is large enough for farming operations and appears to be actively farmed. - All of these proposed parcels do front on public roads. - The land appears to be less productive than "prime" or"statewide significance" soils. - The southeastern parcel on Spring Valley Road includes a wooded hill. The southwestern parcel on Spring Valley Road requires crossing the creek and wetland to access the proposed homesite. - There appears to be sufficient acres owned to allow for six parcels. - Note that the policy requires all the policy criteria to be met. There are other policies which raise concerns: "The required minimum lot size for any approved nonfarm development in agricultural areas should be flexible. The minimum lot size shall be between two and ten acres. No residential subdivision will be allowed. "All developments including driveways shall follow the natural contour of the land, driveways exceeding twelve percent shall not be allowed and permanent erosion control measures shall be taken."