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transfer. I think it would be cleaner for the Agreement to restrict any future development on the entire 46 acre landholdings in the Town of Deerfield, as those lands would only have one development right anyway under Deerfield's plan policy. This would avoid any potential confusion in 5, 10, or 20 years over the intent of the Agreement. Clause#1 on page 2 should be revised accordingly to restrict all future residential development on this 46 acres. In general, I have definite concerns over allowing TDR transfers without any policy guidance. The Town of Deerfield Land Use Plan does not provide for transferring development rights; neither does any other adopted town or county policy document or ordinance. TDR programs should be based on clear, adopted policies and ordinances to avoid challenges that resulting TDR decisions are arbitrary and without basis. Without policy and/or ordinance guidance, it is unclear in what cases the governing body should allow transfers and in what cases it should not. For example, is it appropriate to allow transfers from lands that have limited development potential given environmental constraints? Would it be appropriate to transfer five or ten development rights to a property in an Agricultural Preservation Area if the applicant managed to acquire them? Having clear policies would help address these and a myriad of other potential issues associated with allowing TDR transactions. In short, it will be legally and politically difficult for towns like Deerfield and the County to say "yes" to some proposed transfers and "no" to others without policy guidance. I believe Deerfield and other towns will see more and more of these types of requests if the perception is that towns and County are going to allow TDR transactions without clear policy guidance. While there may be extenuating circumstances in the case of the Noll petition, my professional opinion is that such TDR transactions should be discouraged. As for rescheduling this petition back on the ZNR Committee's agenda,this is the decision of the ZNR Committee Chair, working with the Zoning Administrator. If I can answer any further questions, please don't hesitate to contact me. cc: ZNR Committee Jeanie Sieling Tom Smiley Jim Gregorius Steve Reynolds