Orange County NC Website
Browse       Search
1 <br />Andy Petesch: And just for the record, the Brewers’ would object to consideration of that prior determination 2 <br />because one, the standards are not equivalent. We’re talking about, here, special damages unique from the 3 <br />rest of the community and it was a different standard in the SUP in terms of impairing the property values of 4 <br />adjacent properties. They are similar but they are not necessarily equivalent. More importantly, however, is 5 <br />that anyone who testified and presented evidence at that hearing is not present today for me to be able to 6 <br />cross-examine, so it would not be competent from that perspective. 7 <br /> 8 <br />Barry Katz: But we heard similar testimony from these same people who are adjacent to your property, the 9 <br />same kinds of statements were made then as were made now. And you’ve had the opportunity to cross-10 <br />examine them. 11 <br /> 12 <br />Karen Barrows: And I think I had always heard that adjacent property owners could testify in what they 13 <br />think will diminution of their property and that’s to be considered. Am I wrong? 14 <br /> 15 <br />James Bryan: They can definitely testify to the things that they would have personal knowledge of. What 16 <br />they see, smell, hear. Things like that. So when they are testifying that, “I am on my property and I see a 17 <br />driveway there” and then the average person can tell you whether a cars headlights were there, you don’t 18 <br />need an expert to say, “What’s the average headlight height?” but if you’re going to say, “An engine turning 19 <br />on, can you hear that three miles away?” you might need an expert for that. 20 <br /> 21 <br />Barry Katz: Fine. 22 <br /> 23 <br />Karen Barrows: So how much longer are you presenting? Because we’ll probably need a break. 24 <br /> 25 <br />LeAnne Brown: This would probably be a great time because we broke between the standing and the 26 <br />discussion of why we contend under the statute that the Planning Supervisor err; this would be a great time 27 <br />to take a break. 28 <br /> 29 <br />Brief Break. 30 <br /> 31 <br />Karen Barrows: So I just wanted to say that during the break someone came up and spoke to me about 32 <br />their property value. It’s not going to influence my decision and they won’t speak during the hearing. The 33 <br />other thing we’ve heard is that folks can’t hear us so if everyone could speak up please, it would help. 34 <br /> 35 <br />LeAnne Brown: I’d like to call Michael Harvey and my next witness. Mr. Harvey, are you sworn in? 36 <br /> 37 <br />Karen Barrows swore in Michael Harvey. 38 <br /> 39 <br />LeAnne Brown: Mr. Harvey, are you familiar with Orange County’s file on a SUP application that was filed 40 <br />in connection with the SPG property on Morrow Mill and Millikan Road? 41 <br /> 42 <br />Michael Harvey: First of all, Michael Harvey, Current Planning Supervisor with Orange County, and yes, I 43 <br />have been sworn. Yes, Ma’am. I am very familiar with that application. 44 <br /> 45 <br />LeAnne Brown: And did you bring a copy with you today? 46 <br /> 47 <br />Michael Harvey: Yes, I did. 48 <br />23