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Approved 6/13/2011 <br />OC Board of Adjustment – 3/14/11 Page 34 of 59 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />clump of trees buffering this facility that is much further removed from that by hundreds of feet. One other <br />comment, this is something I picked up on, something Mr. Carter said, I understand the fear here, these are <br />commercial vehicles, 18 wheelers are not going down here, even farm trucks or tractors. What is happening is <br />that, I live in Chapel Hill but if I lived here, I might take my dog to get groomed at his place. We are talking about <br />cars, not commercial vehicles. That is not what that is being used for. Finally, I just don’t want this application to <br />get hung up about the septic requirement. There is no question what has to be provided for but these folks are <br />borrowing off their life savings from the VA in order to do this and they are just not going to go through a drip <br />system and what you need to do in order to get approval from the state about that and spend that money in <br />advance of knowing whether they have a special use permit. If you issue a special use permit, it will only be good <br />if they untimely get that drip system but that is the time for them to have to spend the money to go through those <br />bureaucratic hurdles in order to have that system approved. Finally this, one thing that will help some of the fears <br />is Noral Stewart, he does this for a living for many, many years in terms of trying to deal with acoustical abatement <br />and according to him, it was smart of them to bring him on board and have him involved with the design of this so <br />this facility could be constructed in a way that would minimize any impact. I suggest there are a whole slew of <br />kinds of conditions that Gene is proposing which presumably might address that by limiting hours and all that kind <br />of thing but the expert that we drew upon in order to try to mitigate these kinds of impacts comes from him and the <br />actual construction of the facility. At least from our standpoint, we had hoped that would be sufficient unless you <br />would tell us otherwise we need more which you have not told us to do. <br />Tom Brown: Mr. Herman, did you have a chance to go through this maintenance agreement previously? <br />Nick Herman: No. I looked at it while we were here. I am very familiar with it, I looked at it. <br />Tom Brown: I’ll address that further with Mr. Harvey but we will continue on. Does the board have any further <br />questions? <br />Larry Wright: I would like to ask counsel, as you know of page 47 of this application, it refers to the <br />Comprehensive Plan and in order for us to approve this, and we have to show that it does conform to the <br />Comprehensive Plan. I have worked on the Comprehensive Plan, the 2030 Comprehensive Plan and I don’t want <br />to go into a lot of discussion but have you looked at the Comprehensive Plan and usually representation here <br />does state point blank that we have had applicants that have done this and say this application conforms to the <br />Comprehensive Plan here, here and here. Are you prepared to do that? <br />Nick Herman: Well, the reason I didn’t address that was the conformity with the Comprehensive Plan is <br />addressed in Mr. Harvey’s remarks. <br />Larry Wright: I know but when we make a recommendation we like to be specific. <br />Nick Herman: Our position is that we adopt the reasoning of the planning staff in terms of the conformity with the <br />Comprehensive Plan. <br />Larry Wright: So you haven’t really … <br />Nick Herman: That is the only reason I didn’t address it. <br />Tom Brown: Since we have completed the public testimony, I would like to give staff the opportunity to provide <br />any input you have up to this point but specifically do you have anything to say about road maintenance <br />agreement, and then I will go to the staff attorney because I have a concern that while we don’t dictate what the <br />law says, we don’t want to aide in proliferating a use that is not the owner of that property so there is a <br />maintenance agreement in effect so I would like to think about what impact that has and Mr. Harvey if you have <br />comments on that in addition to the comments you have.