Minutes 11-20-2012 - Laserfiche WebLink

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John Roberts: I don't know that this Board or any board could mandate that they open a trail on another property. I don't agree that that's something within this Board's power. If the mandate is that they maintain a trail on this portion of the property, all they would have to do is do that to remain in compliance with their special use permit. There can be no mandate that they open a trail on another property. Commissioner Jacobs: If I can follow up, theoretically, if the trail connection is made to the TLC property, then it would be up to either the developer or the homeowners' association to negotiate with Triangle Land Conservancy whether or not there would be an adequate connection. John Roberts: That is correct. Commissioner Jacobs: Another question I had, on page 6, the fifth bullet: "BOCC members requested additional information on the operational parameters of the off-site septic field. The applicant agreed to supply additional information." Is that additional information in here about how this system is going to work across the property? Let me add that one reason that I ask is, those of us who remember the Piney Mountain subdivision on Mt. Sinai Road, it was a development that had a state-approved system, a pumping system, and it was not adequately installed or maintained, and the City of Durham and OWASA had to come in through the rural buffer and bring water and sewer. I'm sure we don't want to get into a situation where we create a public health hazard. I was hoping that there would be additional explanation of how this was going to work, especially since we're not privy to the details of the homeowners' association based on our own regulations. Do we have more information? Michael Harvey: Commissioner Jacobs, staff has commented on that issue within the abstract. What was provided to staff by the applicant in addressing that very question is contained within additional correspondence, which you will find beginning on page 10. On page 12, specifically focusing on the trail, this was an email from Jeff Masten. Beginning on page 14, you have the applicant written responses to all questions from the Quarterly Public Hearing, which includes, beginning on page 23, the applicant provided additional groundwater data to address this very issue. Ultimately this represents the applicant's response to your inquiry. I would also remind the Board, at the August Quarterly Public Hearing, a memorandum was entered into the record from the Orange County Health Department. This memorandum contained a statement by the sanitarian indicating he had no concerns over the system. It also contained the state-mandated regulatory requirements for off-site systems, specifying how outside systems are to be operated, functioning, and maintained. I believe comments were made at the August Quarterly Public Hearing that it would be inspected every five years, that there were HOA requirements in terms of maintenance and guaranteeing the adequacy of the system and maintenance of the common septic area. The Planning Board recommended in addition that the easement language be reviewed and approved by Tom Konsler as well as the County Attorney before final project location. Unfortunately, specific information was not provided on the actual pump system proposed for use to get affluent to these off-site septic areas in order to relay that information to you this evening Commissioner Yuhasz: I would like to ask a follow-up question about that. These remote systems are individual systems in a remote area, not a common system, is that correct? Michael Harvey: That's correct, and that's one of the conditions.