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Approved 1/11/2016
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<br />OC Board of Adjustment – 11/9/15 Page 44 of 48
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<br />route both from Hillsborough and Chapel Hill. People would, there is the potential for people coming during the day and perhaps 1
<br />early in the evening creating some risk for people. Now, what I need to know from you is this the kind of material relevant concerns 2
<br />that were brought up or is this considered hearsay? 3
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<br />James Bryan: So, when they said, “I walk...” Forgive, I don’t remember testimonies… All of this is just made up. But if they said, 5
<br />“Look, I jog on this street” that’s not hearsay. If they say, “Generally this is an area that people jog in” that becomes less 6
<br />substantial because that’s an opinion, why did you form that opinion? If you say that I say two joggers every day, that’s typical, 7
<br />that’s more in the realm of, that’s substantial. And remember that, all of this has to be to this particular use, not just to any 8
<br />development that would go in here. So, why this particular use, more than any other… 9
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<br />Barry Katz: This particular use would be inviting different groups of people on each event to come and experience Morrow Mill 11
<br />Road for the first time, arguable, maybe for the second time. But, it seems consequential. It’s not a regular use that these people 12
<br />would be experiencing this road. So that you could put up a sign, you know- children playing or whatnot but, people have to be 13
<br />cognizant that there are risks involved in putting traffic, let’s say, from towns onto rural roads like this, where they’ve driven 20-30 14
<br />minutes and their near their destination. There was, of course, brought out, issue of health and safety potentially people drinking 15
<br />alcohol and leaving the premises, creating some risk. I don’t know, that’s more hearsay, probably. But, there’s something there 16
<br />that concerns me about this particular use with the exposure of new people all the time to this particular rural area that strikes me 17
<br />as increasing, or enhancing the risk of the residents around this area, around this venue. 18
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<br />Karen Barrows: I think the comment from Elizabeth, as you mentioned to the health safety and welfare of the animals, she has 20
<br />obviously some expertise in that area. Something to think about. 21
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<br />Barry Katz: She pointed out the health of the animals and also the risk that if people were around, particularly around horses that 23
<br />get spooked. That is something. So, maintain… Well, it’s not going to promote the public health but, will it maintain the public 24
<br />health. I have reason to doubt that it will maintain the public health, that it will expose the people there to additional risk that not 25
<br />every development would expose them to. If this was two 10-acre lots, people put houses on there and went back and forth on a 26
<br />regular basis, everybody would know what was going on. But, this is a case of, maybe 50 or maybe 100 cars coming there and 27
<br />leaving there and they’re not sensitive to what that area particularly is. And, we got an earful about what this particular area is and 28
<br />I believe that these people have an extremely quiet and safe place, that’s extraordinary. It may not stay that way but, this, to me, 29
<br />actually suggests that there is some… I have some concerns about the public health and safety. 30
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<br />Karen Barrows: Susan? 32
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<br />Susan Halkiotis: I have those same concerns Barry. Which is why I ask about the number of trips and is a nice way of saying up to 34
<br />163 cars. And, 163 cars in an area that’s quiet and I think that’s a material fact, has a huge impact. I think that we had parents 35
<br />speak to the fact that they had children ride bikes and play nearby and we had horse farm owners speak to the fact that some of 36
<br />the horses that are Boarded on his farm are ridden on the road and so those are, as I understand it, are material facts. And so I 37
<br />don’t want to belabor that point but, given the language that we’re working with, which is, maintain or promote, I don’t see that it 38
<br />promotes public health or safety and, I too, am concerned that it doesn’t maintain. 39
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<br />Barry Katz: Theoretically, the applicant could have anticipated this and had some plan to mitigate this, if there was some 41
<br />possibility. But, there is no plan to mitigate this anticipated risk. And you and I agree on this that there is some risk. 42
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<br />Karen Barrows: Matt, what are your feelings? 44
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<br />Matt Hughes: Well, I think that, as it relates to safety, in the things that we have discussed here, particularly as relates to alcohol 46
<br />and fireworks, I understand the concerns that folks have, having gone through the process of getting a liquor or alcohol license, 47
<br />which I’ll never do, ever again… Not my wedding, it was for another event... that was a very special process, I know the amount of 48
<br />liability that comes with that and the responsibility that comes with that. Of course, we know that bars don’t always adhere to that… 49
<br />I’ll just leave that there but, I think that is a responsibility for the venue and for the clients they work with so that’s not as much of a 50
<br />concern for me as well as the fireworks because, both of these are part of the proposed conditions. Where I do have concerns, are 51
<br />where, what we were just talking about, about people participating in their recreational activities, during the day, particularly. But, 52
<br />also at night. It sounds like there’s a lot of, it’s not just a community but it’s a community of people who interact with one another 53
<br />during all times of the day and have gatherings, and so getting into a car, or walking it seems like more likely to visit with folks in 54
<br />the community may be inhibited, or safety may be in danger if folks are having to navigate increased traffic flow. Particularly, I 55
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