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The clipping this text was read from
The clipping this text was read from

on the data submitted by the owner," said Baumgardner, acknowledging that he hadn't made computations on the ground at the subdivision site.

“Does the entire five acres (of each lot) or just a portion of it have to be under 14 per cent slope?” asked Dot Irvine.

“All five acres has to be under 14 percent,” Luke replied.

“I don’t read the ordinance that way,” countered Compton. “It says 14 percent but it doesn’t say how much. Five acres is a lot of land,” he said, adding that the house and drainfield sites are the only areas that need to be under 14 percent slope since they are the only parts of the lot where land will be disturbed.

Prior to reaching a decision on Goode’s applications for rezoning and final plat approval, the supervisors—with Commonwealth Attorney George Davis—retired to executive session. "On the basis that there are two active cases before the court, we’ll have our discussion in executive session and announce our Final decision,” Luke explained.

Over an hour later, the supervisors came back to an open meeting. Luke reported that Goode would have to revise his development proposal so that each lot in the subdivision contained five acres with slopes under 14 percent. In addition, said Luke, Goode would have to amend his erosion and sedimentation control plan to incorporate Bill Adams’s recommendations and would have to post performance and maintenance bonds as provided for in county ordinances.

Legal Advice Ignored?

In deciding on their action, the supervisors apparently disregarded advice from Commonwealth Attorney George Davis. In • memorandum handed out to the board members during

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