HomeMy WebLinkAboutMinutes - 12/19/1994 - Zoning Board of Appeals ZONING BOARD OF APPEALS
DECEMBER 19, 1994
CITY OF MCHENRY
IN THE MATTER OF THE APPLICATION )
`' OF THE AMERICAN NATIONAL BANK ) Z-357
AND TRUST COMPANY OF CHICAGO, A ) AMERICAN NATIONAL BANK & TRUST
NATIONAL BANKING ASSOCIATION, AS ) TRUST NO 113739-09
TRUSTEE UNDER THE PROVISIONS OF ) AND
A TRUST AGREEMENT DATED THE 15TH ) INLAND LAND APPRECIATION FUND
OF APRIL, 1991, AND KNOWN AS ) KING FARM
TRUST NO 113739-09, FOR AMEND- ) MAP AMENDMENT
MENT TO THE Z�NING ORDINANCE ) RS-2 AND RA-1
OF THE CITY OF MCHENRY, MCHENRY )
COUNTY, ILLINOIS. )
REPORT OF THE
ZONING BOARD OF APPEALS TO THE
CITY COUNCIL, CITY OF MCHENRY, ILLINOIS
A hearing on the above-captioned petidon was held on December 19, 1994. Chairman Semrow
called the hearing to order at 7:38 p.m. The following persons were in attendance:
L Zoning Board Members: Randy Christensen, Chuck Lovett, Harry Semrow, Donna Tobeck.
Absent: Emil Kleemann, Frank McClatchey, John Swierk.
2. Attorney for Zoning Board: Kelly A. Cahill.
3. Recording Secretary: Kathleen M, Kunzer.
4. Director of Building & Zoning: John A. Lobaito.
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$. Petitioner: Inland Land Appreciation Fund represented by Matthew Fiascone, 2901
Butterfield Road, Oakbrook Illinois 60521.
6. Attorney for the Petitioner: Diamond LeSueur Roth and Assoc, represented by Samuel
Diamond, 3431 West Elm Street McHenry Illinois 60050.
7. City Council Members: Mayor Steve Cuda, Alderman Greg Bates, City Clerk Pam
Althoff.
8. Court Reporter: Cheryl Barone.
9. Observers/Objectors:
1. Martin Stoffel, 4014 W McCullom Lake Road McHenry Illinois
2. Rory Mattioli, 4011 Prestwick McHenry Illinois
3. James Heffelfinger, 1805 N Donovan Street McHenry Illinois
4. Albert Jasin, 4024 W McCullom Lake Road McHenry Illinois
5. Ruth Jasin, 4024 W McCullom Lake Road McHenry Illinois
6. 7udy Gertz, 1718 Leonard Avenue McHenry Illinois
7. Thomas Franger, 1807 Donovan Street McHenry Illinois
8. Anton Rebel, 4009 Maple Avenue McHenry Illinois.
NOTIFICATION
Nodfication of this hearing was published in the Northwest Herald on Navember 30, 1994. The
Publisher's Certificate of Publication is on file in the office of the City Clerk with regard to this
matter. All abutting property owners were notified of these proceedings. An affidavit assuring
�'` compliance with all notificadon requirements is on file in the office of the City Clerk.
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.� LQCATION
The subject property is located south of McCullom Lake Road, north of Prestwick Street, and east
of Petersen Park. It is comprised of approximately 56 acres. It has approximately 1093 feet of
road frontage along McCullom Lake Road.
SUMMARY
The Petitioners are requesting that the subject property be classified from it present zoning of A-1
pursuant to the McHenry County Zoning Ordinance to RS-2 and RA-1 pursuant to the city of
McHenry Zoning Ordinance, upon annexation to the City.
TESTIMONY
Chairman Semrc�w swore in the follawing witnesses for the Petitioners:
1) Matthew Fiascone, 2901 Butterfield Road, Oakbrook Illinois 60521
2) Robert Grossman, Associated Planners, 113 1/2 S Benton Street Woodstock Illinois 60098
3) Edmund Joanis, Siebert Engineers Inc, 200 W 22nd Street, Lombard Illinois 6014$.
Fiascone was the first to testify. He provided an overview of the history of this project since its
inception in 1991. A copy of his summary is attached to this report and marked as Exhibit G.
Attorney Diamond introduced copies of the transcripts of the ZBA hearings whieh took place in
7a�auary, February, and March 1993 with regard to this matter. In August, 1994, the City Council
directed the developer to amend their pedtion and bring this proposal back to the ZBA for review
and recommendation.
Fiascone noted in his testimony that there were five major areas of concern at the ZBA hearings
in 1993:
1) Drainage and storm water concerns;
`-- 2) Buildability of the site;
3) Traffic impact;
4) Schools impact;
5) Sewer and water improvements.
In Exhibit G, the Petitioner states the ways in which each of these concerns have been addressed
by the developer.
QUESTIONS OF THE WITNESS BY OBJECTORS/OBSERVERS
James Heffelfinger: The Petirioner indicates that additional donations would be made to help with
the overcrowding in schools which could be created by the development o€this project; how would
this be done? Fiascone said that the draft annexation agreement for this property includes a
provision for payment of accelerated fees which would be patterned after the recendy annexed
Hillside Subdivision. There is a provision for payment of fees which addresses the time lag
between when the house is built and the dme the new property owner begins paying taxes and they
are collected by the school districts.
Thomas Shanahan: What was the depth of the water table when the soil borings were done?
Fiascone said the average depth is 6-7 feet. Shanahan asked if the homes would have basements?
Fiascone said it would be possible for them to have basements.
Rory Mattioli: If the water table is at a depth of 6-7 feet, would that be at the northeast corner
of this property or the southwest corner of it? Fiascone said the average depth is 6-7 feet overall.
Mattioli asked how basements could be put in when the water table is so high. Fiascone said that
putting basements in would actually reduce the height of the water table.
� Lovett asked wlien the tests were run on the water table? Fiascone said there were two different
borings, one in February and one in March, 1993.
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� Albert Jasin: What would the water table be if there were no drainage tiles existing in this
farmland? Witness Joanis said he does not know what the water table would be if there were no
existing drainage tiles on this property. That would be speculadon.
Thomas Shanahan: If there are drainage tiles in place on this property, and the developer adds
sewer lines, what would that do to the water table? Joanis said the existing clay dles are not as
efficient at draining this property as the storm water management which is required by the city's
Subdivision Control Ordinance.
Martin Stoffel: What effect will this development have on the lake? You are talking about
lowering the water table - what effect will that have on the water level in McCullom Lake?
Attorney Diamond asked that all engineering quesdons be deferred until Mr. Joanis testifies on
behalf of the Petirioner.
TESTIMONY
Robert Grossman testified on behalf of the Pedtioner. He stated that he has reviewed the subject
property with regard to this proposed zoning in the City of McHenry. There have been six
revisions to the original plan presented by the petitioner in 1991. Inidally there was office district
and multi-family, as well as the single family and detached single family. The proposal currently
shows only detached single family (RS-2) and attached single family (RA-1). The only feathering
which would be provided to buffer the detached single family from the commercial across
McCullom Lake Road would be the attached single family. There is no longer a proposal for
multi-family district. Grossman said the RS-2 district would be a maximum of 4 dwelling units
per acre. The RA-1 District would be a maximum of 8 dwelling units per acre. The townhomes
m the RA-1 district would be individually owned units. Grossman said the developer is flexible
as to what the city asks for with regard to the roadways and parklands in this development. If
�-- the city does not want Leonard Avenue to extend from Mill Creek subdivision through this
development, then the developer will comply with that request. If the city needs to have more
parklands donated, this will be done. There is much flexibility in this project. What is before
this Board tonight is merely a concept plan. Grossman said that this would be an appropriate use
for this property. It is in conformance to the Comprehensive Plan for the City of McHenry.
Grossman said the multi-family to the east of this development has a density of approximately 14
units per acre. The single family district to the south is smaller lots, RS-3 district.
Christensen asked why the office district was deleted from the plan. Fiascone said it was removed
because it did not conform to the Comprehensive Plan and there were some minor objecdons to
it at the last hearing. Christensen asked the number of single family homes and the number of
townhomes in the last plan reviewed by this Board. Grossman said there were 7Z single family
homes, 66 duplexes (2-unit townhomes) and 72 multi-family units in that plan. The current
proposal is for 121 single family homes and 55 townhomes. There is actually a reduction in
densrty for the project. Grossman said the single family component increased and the multi-family
component decreased. Grossman said the townhomes are typically 8 dwelling units per acre. All
of the single family homes will be built on at least one-quarter acre sites, as required by the
ordinance.
Lobaito asked Grossman to clarify for the Board the difference between a duplex and a townhome.
Grossman said a duplex contains two dwelling units. Townhomes could have as many as five or
six in a row, all attached, but with all having street level entrances. Townhomes could be two
stories in height.
Semrow asked if all single family lots would conform to the ordinance and be at least one-quarter
� acre in size. Fi:3scone said lots would all be one-quarter acre or larger in size.
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� S�UESTIONS OF THE WITNESS BY OBJECTORS/OBSERVERS
Albert Jasin: The proposed road going into Petersen Park, where would it enter the park?
Fiascone said at this time it is not certain exactly where the road would enter the park; this
proposal is a concept plan. There would be a road and sidewalks going to the park, however, so
that there would be access to the park from this subdivision.
Judy Gertz: This proposal does not conform to the Comprehensive Plan nor the Development Plan
for the City. This proposal would dump multi-family onto Leonard Avenne, when the plan clearly
states that multi-family should be located on arterial streets. Grossman stated that McCullom Lake
Road is an arterial street and the detached single family would be adjacent to this road. There is
a proposed exit onto Leonard Avenue as well. Fiascone said that the Petitioner is on record as
stating that if the City does not want Leonard Avenue extended through this subdivision from Mill
Creek, the develc�per will comply with the wishes of the city. Whatever is most advantageous to
the city wauld be done by the developer.
James Heffelfmger: What is the size of the parkland donations? Grossman said the donations to
the parkland are minimal. The donations helped to get rid of sharp angles to a couple of the lots
and to provide direct access from this development to the park. Heffelfinger asked the size of the
detention areas. Grossman said the general areas of the detention sites are indicated on the concept
plan. However, the exact dimension and location would be determined when the final engineering
is completed for this development. Calculations for run-off would be compnted and this would
determine the actual size required for this property.
Anton Rebel: Regarding the water table, this may not be an issue. But what is an issue, is the
ground itself. It has a 5-6 feet depth of peat soil, the same type of soil which is predominant in
Lakeland Park, where there are many drainage problems.
�
Rory Mattioli: What developments have been done by Associated Planners in this area? Grossman
said he planned Martin Woods I and Chesapeake Hills.
Attorney Diamond stated that with regard to the engineering for this project, the position of the
Petitioner is that the engineering for this subdivision will be addressed before the Plan Commission
at the time of platting and during the actual planning process.
TESTIMONY
Mr. Joanis came forward to testify at this time. Diamond asked Joanis to explain how it is that
the development of this property would improve the drainage condition of this property. Joanis
said that there is more surface water run-off on agricultural land than on land which is developed.
Water would no longer run off at an unrestricted or unimpeded rate. Development of this property
would reduce the run-off so that it is less than at the present time. Peopte who live adjacent to
this property will benefit by the improved drainage. Field tiles which presently help with the flow
of sub-surface water will be intercepted and sub-surface water levels will actually go down.
Christensen asked if Joanis, in walking the site, noticed the two culverts which dump into this
property from across McCullom Lake Road. What would be done with this water? Joanis said
it would be bypassed through the site. There would be an attempt to hold back or retain the
surface water run-off wherever possible. Joanis said the developer cannot change the water shed,
but they can alleviate the drainage problems. They cannot make them worse. Diamond noted that
there has been no final engineering done on this property yet.
Semrow said thf� developer can take care of his run-off, what about the outflow from across
� McC�llom Lake Road; what would happen to that run-off? Joanis said it is the responsibility of
the engineering for this site to handle whatever comes onto this property; that would include the
run-off from acr�ss McCullom Lake Road. We must control whatever water flows across this
property.
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� Lovett asked haw many projects Joanis has engineered in McHenry County? Is he in fact familiar
with special soils problerns in this area? Joanis said he has worked on other projects within the
County. The type of soils problems contained in this development are common throughout the
state, not just m McHenry County. Lovett asked how the detention policy relates to the slope of
the land. Joanis said that if necessary, the developer could mass grade the site to alleviate the
potendal for addidonal run-off from this property. Lovett asked if it is customary to design the
detention area on minimum requirements or maximum need for a given project. Joanis said if the
city requires a larger detention area, the developer will comply with city requirements.
Martin Stoffel asked the depth of the proposed detention ponds, would they deeper than six feet?
Joanis said it is not known yet what the depth will be. There has been na sub-surface data
accumulated at this point because the final engineering has not been completed for this site.
Stoffel again asked what will happen to McCullom Lake; will it dry up? Joanis said he does not
know what will happen to the lake.
Christensen asked if Inland will develop the endre site. Fiascone said Inland will complete all of
the subdivision improvements. They will provide the infrastructure for the development.
However, the homes will not be built by Inland.
Tobeck asked if what was before the Board was a concept plan only. Fiascone said that it is
unlikely that the final plat of subdivision will very much resemble this concept plan. The platting
will depend upon the engineering for this development.
Chairman Semrow called for a brief recess at 8:SS p.m. The hearing reconvened at 9:04 with all
still in attendance.
`-- Christensen asked about the water which enters this land from across McCullom Lake Road.
Would Inland deal with this water? Joanis said this would be handled by the engineering for this
project.
Lovett asked if the developer could alter the direction but not change the velocity of the outflow.
Joanis said he can also change the velocity. It would help with erosion. Erosion of the top soil
would be decreased by a reduction in the velocity of the water traversing across the site.
Semrow stated for clarification that the issue of water flowing across this property would be best
handled by the Plan Commission when they review the plats and engineering for this site.
QUESTIONS OF THE WITNESS BY OBJECTORS/OBSERVERS
Rory Mattioli: what is the elevation of this property? Joanis said he does not know the elevation
of the property. Mattioli said the elevation is only two feet above McCullom Lake Road. If this
property fills up with ground water every time it rains, the residents abutting to the south will have
water m their basements. Their sump pumps will be going continuously. Mattioli asked how the
developer would prevent this from happening. Joanis said this would be addressed by regrading
this land and installing utilities. Joanis said the water can be restricted and controlled below grade
as well as surface water run-off. Mattioli asked how will the developer get rid of water so that
his sump pumps do not run continuously. Joanis said that the developer only has to control what
runs across his property, not the lands which are downsiream from this development.
Semrow said that the developer is at preliminary stages in this development. Would the developer
be in a positian to stop the development of this project if the engineering is not found suitable for
this type of project? Isn't it true that the surface water run-off and drainage where these people
� live will not be aggravated and may even be mitigated by the improvements ta the land in this
development? Jc�anis said that is conect.
Mattioli asked where the detention area will be dumping into. Joanis said it will drain into the
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� creek.
Martin Stoffel: What does the City require in the way of bonds to assure that the work being
proposed by this developer is completed? Diamond said the City requires a Letter of Credit to
cover the installation and maintenance of all public improvements on the site until dedication and
acceptance by the City.
Judy Gertz: Has a topography of McCullam Lake been taken into consideration? Has the
topography of this area been looked at since the Gerstad development (i.e., Mill creek) was done?
Joams said he has not seen a topography of this area as yet.
James Heffelfinger: On the remaining A-1 Agricultural area west of this development, how will
this development impact that land? Will there be additional run-off to that parcel? Will this
project change the run-off flow onto or off of this agricultural property? Joanis said that by city
ordinance he can not increase the run-off from his property onto anyone else's property.
Rory Mattioli: Will the developer take a coring sample on each lot to determine whether or not
a particular hame can have a basement or not? Fiascone said they would core approximately one
lot per acre or on a lot by lot basis where required by the city.
Lovett asked at what point would the developer say that this project is not worth it and back out
due to pare soil quality or snitability for building. Fiascone said that Inland already owns the
property. There is no backing out. This is not a contingency sale; it is a done deal.
Rory Matkioli: Why does the developer want to annex into the city? Fiascone said the services
which the city can provide such as police protection, fire protecdon, water and sanitary sewer
�-- have made annexation ta the city appealing. Mattioli asked if the property flunked perk tests.
Fiascone said none were ever done since Inland has owned the property.
�LOSING STATEMENT BY PETITIONER
Attorney Diamond stated that the issue before this Board is zoning. The only issue discussed to
any great extent this evening was drainage. This project would certainly not make the drainage
worse and it would probably improve it. The city is making progress regarding handling drainage
problems with this site. But, that is not the issue tonight. Drainage will be addressed at the
appropriate time. This will not remain a farmland. Pesdcides, machinery, etc. are not appropriate
for this area, nor is a farm. The zoning being requested before this Board is appropriate and
makes good sense. Roads and drainage will be addressed at the platting stage of this process.
Chairman Semrow said borings would be done on a basis of approximately one per acre. Inland
would put in all of the public improvements, the infrastructure for this development. Someone
else would build the houses. At what point in time would the borings be done? Fiascone said
prior to submittal of preliminary plat of subdivision.
Christensen said that by decreasing the density of the project, the developer has actually increased
the impact on the schools by putting up more single family houses than multi-family apartments
which were deleted from this plan. Fiascone sa�d that is conect; however, the impact on the
schools is being addressed in the annexadon agreement by payment of increased fees as was done
in the Hillside Subdivision. Christensen said that with regard to the Leonard Avenue extension,
the developer would be willing to agree with the city if the city decides not to extend this road
from Mill Creek subdivision? Fiascone said that is correct. Diamond said the developer will do
whatever the city wants. The road configuration is flexible. Diamond said the school impact issue
� was addressed. There is a proposed fee structure which is higher for single family homes than
for detached single family dwellings. It should be noted too that there are still less dwelling units
than in the previous plan reviewed by this Board. Diamond further stated that the annexation
agreement doubles the fees paid as required by ordinance. Christensen asked if the fees are locked
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� in. Fiascone said they are not locked in.
Rory Mattioli: Who will pay for enlarging the lift station on Donovan Street? Fiascone said
Inland will pay for it to the extent it affects this development. Mattioli said there is a terrible
traffic problem on Orleans. There are 2,000 lots which could have building permits issued.
Development in this town is getting out of hand. There are too many residences and there is too
much development.
Lovett asked how many dwelling units were proposed to be completed per year. Fiascone said
he perceives a three year buildout which would mean approximately 60 units or residences per
year.
STATEMENTS BY OBJECTORS/OBSERVERS
Chairman Semrow swore in the following Objectors/Observers:
1) Martin Stoffel, 4014 West McCullom Lake Road McHenry Illinois 60050
2) Rory Mattioli, �011 Prestwick Street McHenry Illinois 60050
3) Judy Gertz, 171$ Leonard Avenue McHenry Illinois 60050.
Martin Stoffel: "I have been here since 1950. LeYs quit fooling around with water and drainage.
Traffic in town is terrible. We've got to do something about the traffic. We're not going to
retreat, but we need to fall back and regroup. Let's back off. We're on the side of the
developer, but let's get the roads in first. Has there been any provision for four traffic lanes on
McCullom Lake Road? I am asking this Board to say no today. Make the developer come back
when the roads are in. Stop this development now. Develop this property as a park land and
don't put homes here. The city should trade this developer this land for the wooded area up the
`-- road. Put a park in here and put the homes up the road in the useless wooded area."
Rory Mattioli: "I love McHenry. I'm tired of getting stepped on. Traffic, pollution...I love to
snowmobile, and I love the openness. Let's slow down the growth and take care of our
environment."
Jud,y Gertz: "How will the taxpayers of the City benefit from this development? By the
overcrowded schools? The overcrowded streets? By the large and beautiful homes which will be
built? Who is going to live with yow mistakes that you make about drainage? These issues
should be addressed now before the zoning is granted. Why doesn't the city require final
engineering prior to zoning approval?"
Chairman Semrow said, "there being nothing further before this Board with regard to this matter,
the Board will consider the Petition at this time, unless there is a motion to recess by a member
af the Board. There being no motion to recess, the Chair will entertain a modon with regard to
the Petition."
DELIBERATION AND RECOMMENDATION
Motion by Tobeck, seconded by Christensen to recommend to the City Council that
the Petitioner's request to reclassify the subject property from A-1 Agricultural pursuant to
the McHenry Coanty Zoning Ordinance to RS-2 Medium Density Single Family District and
RA-1 Attached Residential District as indicated in the Sketch Plan #F, upon anne�tion to
the City of McHenry be granted; and that the Approval Criteria for Zoning Amendments,
Table 33, page 401 of the Zoning Ordinance have been met.
Voting Aye: Lovett, Semrow.
� Voring Nay: Christensen, Tobeck.
Not Voting: None.
Abstaining: None.
Absent: Kl�emann, McClatchey, Swierk.
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�'" Motion fai�ed 2-2. There will be no recommendation to the City Council with regard to this
matter.
ADJOURNMENT
Chairman Semrow said, "there being nothing further before this Board with regard to this matter,
this hearing is adjourned at 9:55 p.m.
Respectfully submitted,
Harry e row, Chairman
Zoning oard of Appeals
c: Agenda, 7,oning Board of Appeals (7), Plan Commission (7), City Administcator, Director
of Building & Zoning, Public Works Administration, City Attorney, City Engineers,
Aldermen Reference Copy, Objectors/Observers (7), Petitioner's Attorney, Building &
Zoning Zoning File, Landmark Commission Chairman, Northwest Herald, City Clerk File.
Z-357
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SUMMARY OF PREVIOUS ZONING HEARINGS
� This document is intended as a summary of hearings before the City of McHenry's Zoning
Board of Appeals that took place on January 18, February 22, and March 29, 1993 for the
subject property. By summarizing these hearings we are attempting to eliminate the need
for the Zoning Board to rehear evidence already in the record.
The first area of evidence relates to drainage and storm water concems. At the previous
hearings several objectors raised the concern that additional development of this property
would have a negative impact on their existing residences to the south of the subject
property. Mr. John Spenader, a professional engineer specializing in drainage, was brought
in as an expert witness. Mr. Spenader testified that development of the property in
question would reduce or eliminate storm water problems on the property to the south.
This was as a result of a lowering of the water table which would occur upon installation of
sewer and water mains and storm sewers as well as the City of McHenry's required
detention u-eas which would restrict the release of water off the site. The expert testimony
indicated that, contrary to objector contentions, development of this site would improve
storm water conditions for the neighboring residents. (See page 76 from February 22, 1993
meeting transcript.)
Mr. Spenader also spoke to the question of buildability of the site when it carne to bearing
capacity of the soil and the water table effects on new basements. His expert testimony
indicated that engineering of the site in accordance with the city's subdivision control
ordinances wo�ld insure that new houses would not face a flooding problem or bearing
� capacity problem on the property in question. Mr. Spenader also testified that the borings
and engineering studies done on the property in question to date were more extensive than
any he had previously seen on a similar site for zoning purposes only. (See pages 80 and
81 from February 22, 1993 meeting transcript.)
Another area addressed in the previous hearings was tr�c concern, particularly the impact
of tr�c on the residents to the south given the conceptual road layout. Testimony was
given that the road layout was conceptual, that it had been discussed with city staff, and
that the developer was willing to cut off access to the south (Leonard Avenue) if that was
the desire of the City upon review of the Plat of the property. It was noted then that the
site is only in for zoning and that road alignments and configurations are studied in detail
at the platting stage of the development process. (See page 124 from January 18, 1993
meeting transcript.)
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� Summary of Previous Zoning Hearings
Page -2-
There was also extensive questioning and testimony related to schools and the impact this
development would have on them. The petitioner is on record as sayin.g that they will
comply with the City's developer donation ordinance which may require land for a school
site in lieu of a cash donation. The City has recently increased the requested amounts for
these fees significantly and the developer intends to comply with the now existing
ordinance. (See page 20 from March 29, 1993 meeting transcript.)
The final issue centered around necessary sewer and water improvements to serve the
property in question. The petitioner is on record as being aware of these required
improvements and to acknowledging that they will be responsible for improvements
necessary to serve their site. (See page 47 from March 29, 1993 meeting transcript.)
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