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trator John McCarthy vouched for “the more elaborate effort” Rev. Scott put forth toward assuring adequate septic fields on the two new lots.
Mr. McCarthy explained that the right-of-way dedication is necessary because Piedmont Ave. is one of the roads created by the Byrd Act, under which the state acquired proscriptive easements but not ownership of the land on which the road was built. Actually, Rev. Scott owns the land to the road’s center line, as does the property owner across the road, he said.
The town’s subdivision ordinance, he said, requires a 50-foot right-of-way, and Piedmont Ave. has only 30 feet.
Under the ordinance, Mayor Dean Morehouse told Rev. Scott, the plat requires the dedication of an extra 10-foot strip to provide his share of the 50-foot right-of-way.
“We are caught between the changes in the zoning ordinance (enacted in August 1986) and the subdivision ordinance, which was written in 1981 . . . We don’t have the latitude to change the law — this is the way it is. Whoever comes before us has to deal with this law.”
After receiving assurances that the septic capacity is adequate for the planned development, that the properties meet the ordinance’s setback requirements, that Rev. Scott would post the bond for curbs and gutters, and that fire protection
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