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But Mr. Dwyer’s proffer failed to elicit support from Planning Commsisioners Werner Krebser and David Fannon.
Mr. Fannon posed the possibility of “someone coming in here 10 years from now” with charges that development rights for the 74-acre balance had been illegally taken. Zoning regulations could be challenged and overturned, he warned, thereby clearing the way for residential development on the balance on Mr. Dwyer’s land AFTER the county has approved the high density cluster.
“Guys, I think we’re really asking for some problems,” agreed Dr. Krebser, saying that Mr. Dwyer could cluster three rental units today and then come back later to subdivide the rest of the land.
Mr. Dwyer, a retired lawyer who practiced in Washington, D.C., explained that his primary goal is not to preclude future subdivision but to “preclude spreading houses all over good farmland.” Although he stood by his offer of deed restrictions, he pointed out that deed restrictions against future subdivision can be lifted, just as zoning ordinance regulations can be changed.
Even conservation easements given by landowners to the Virginia Outdoors Foundation are not an absolute guarantee against development since the state can abandon its policy of promoting the preservation and protection of farmland, open space and other environmentally sensitive areas, the attorney added.
If the cluster is approved, “he’s limited
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