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BOA minutes 082714
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BOA minutes 082714
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BOCC
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8/27/2014
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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BOA agenda 082714
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APPROVED 10/13/2014 <br />OC Board of Adjustment – 8/27/2014 Page 45 of 64 <br /> <br /> <br />about the integrity management plan and how they inspect inside using a robot and how they aerially fly 1 <br />the line and check for encroachments and how they do leak detection and things like that all these things 2 <br />to ensure that the pipeline is safe. They have an emergency plan in place which is part of the federal 3 <br />regulations all of these go towards the safety of the line. It is going to be state of the art and quite 4 <br />honestly these lines go through everywhere now that you guys have one of these cases you’ll probably 5 <br />notice pipeline markers as you drive around wherever these are not anomalies they are around densely 6 <br />populated the City of Austin has got a gas main transmission line going through it so it’s perfectly safe. It 7 <br />also promotes the public welfare in that it provide natural gas to the public for heat and natural gas 8 <br />actually supplies a lot of the electricity because a lot of the power generators comes from that. So it 9 <br />actually promotes public welfare by ensuring a natural gas supply to the area. The next one is it will 10 <br />maintain or enhance the value of contiguous property unless the use is a public necessity in which case 11 <br />the use need not maintain or enhance the value of contiguous property. It is a public necessity by 12 <br />statute chapter 62-2 says that the availability of an adequate reliable source of natural gas to the people, 13 <br />economy and government in North Carolina is a matter of public policy. The only testimony you’ve had is 14 <br />that there is not an adequate supply without this line so public policy is that we need gas we have a 15 <br />statutory obligation to have an adequate supply that definitely makes this a public necessity but even 16 <br />aside from that there has been no evidence that the value of contiguous property will be reduced. That is 17 <br />one of the things that has to have expert testimony there has been no expert testimony saying that it will 18 <br />be reduced we do have testimony that it won’t be reduced and if there is an existing 10 inch in a lot of 19 <br />these properties and in a lot of these properties an existing 24 inch so the addition of one more line is not 20 <br />going to reduce the value. The next criteria is the location and character of the use will be in harmony 21 <br />with the area and comply with the Comprehensive Plan and other development regulations. Again, there 22 <br />is already a pipeline there it is harmonious with that use there is already a cleared strip. People already 23 <br />are used to having the line there. Almost everything is going to be underground facilities so that’s 24 <br />harmonious this is not a giant transmission tower so that’s harmonious this is not a giant electrical 25 <br />transmission tower and staff agrees that it complies with the Comprehensive Plan. Next criteria, method 26 <br />and adequacy of provision of sewage disposal facility, solid waste and water. The only testimony is that 27 <br />there is not any need for sewer, water or solid waste disposals so that’s not an issue. Method and 28 <br />adequacy of police, fire and rescue squad protection the only testimony is that there is adequate nearby 29 <br />police, fire and rescue that they already are aware of the 10 inch line and have outreach programs and a 30 <br />liaison with the company to ensure that those are covered. Next criteria is the method and adequacy of 31 <br />the vehicular access to the site and traffic conditions the testimony is that typically we access the 32 <br />easement by the easement drive up and down the right-of-way. Most properties there is other access if 33 <br />we need it to cross the property and we have to pay damages if we damage the property then. Where 34 <br />we need any additional access we negotiating those rights with land owners still so the access is fine it’s 35 <br />not going to increase traffic because there is already a 10 inch line there that the right-of-way is being 36 <br />maintained and inspected. I’m sorry, I’m trying to fly through these. The next one is special submittal 37 <br />requirements the site plan erosion and sedimentation controls cross sections plans and elevations and 38 <br />certification by the applicant that it’s a public utility the only testimony is then that all of that’s been done 39 <br />staff agrees that’s been done. Adequate provisions have been made to protect the adjacent property 40 <br />from the dangers of explosion, eruption, collapse, fire or other menaces to public health and safety. 41 <br />Again, that really kind of goes back with all the public safety issues and everything we’ve done to 42 <br />address that. The only competent testimony has been that it does adequately provide for those 43 <br />protections. Again, just the integrity management plan showing how often they inspect and maintain and 44 <br />keep the right-of-way cleared all of those things go to show that as well. 45 <br /> 46 <br /> Larry Wright: Let me ask you a question on the right-of-way. So when there was testimony tonight 47 <br />about a school bus stop and a driveway and so on. Do you work with DOT on that to figure out, you’re 48 <br />going to be putting something up and if you’re blocking vision of on a curve or something like that do you 49 <br />work with DOT on this? 50 <br /> 51 <br />Matthew Rhoads: We have to get permits from DOT if we are doing anything in right-of-way. That’s the 52 <br />first I think we’ve heard of that issue and something we’re going to look into that school bus issue. 53 <br /> 54 <br />Larry Wright: Ok, yeah I was figuring that was probably something you’d have to deal with DOT on that. 55
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