Sherman Avenue Subdivision FEIS

1. Sherman Avenue SubdivisionFEIS Review on behalf of PEPA The Louis Berger Group, Inc.

2. STEEP SLOPE COMPLIANCE • “It should be noted that the Applicant purchased its property prior to the enactment of the Steep Slope Law and filed the current application before the law was adopted.” • The Steep Slope Law does not provide for “Grandfathering” and fully applies to the Sherman Oaks project.

3. STEEP SLOPE COMPLIANCE • Review by Planning Board • Applicant Burden of Proof • Failure to Meet Steep Slope Review Standards

4. STEEP SLOPE COMPLIANCE • Review by Planning Board • the Planning Board (rather than the Building Inspector) is the approval authority for all applications specified in § 199-5B and that, consequently, the term "Planning Board" shall be substituted for the term "Building Inspector" • Applicant Burden of Proof of No Alternative • Failure to Meet Steep Slope Review Standards

5. STEEP SLOPE COMPLIANCE • § 199-6D Review standards Compliance • minimize flooding • best use of the natural terrain and aesthetic character • terracing of building sites is kept to a minimum • Habitat is quantified and protected • Applicant Burden of Proof of No Alternative • Failure to Meet Steep Slope Review Standards

6. STEEP SLOPE COMPLIANCE • Applicant Burden of Proof of No Alternative • No on-site alternatives that substantially reduce impacts • Impacts of on-site alternatives not analyzed • On-site Alternative are not practicable (Strawman) • No Off-Site Alternatives analyzed

7. STEEP SLOPE COMPLIANCE • CONCLUSION: • Failed to meet: • Steep Slope Review Standards • Burden of Proof of absence of practicable alternatives • REMEDY: • Applicant provide Planning Board with additional information to fill data gaps • Public comment period extended