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526 Neese - Brown: If I could move that the application for the Class B Special Use Permit which was submitted 527 on behalf of the American Legion contains what I consider to be proper parcel identification numbers for the 528 property. The address of the subject property as listed appears to be an error. My motion is that be deleted 529 from the application and that the substitute would be to identify these numbers by their PIN numbers which 530 1 believe to be a completely adequate description of the property in light that there is not a street address 531 for it. Mr. Harvey, if there is something else you'd like me to add to it? 532 533 Michael Harvey: Just for clarification, this is Page 12 of the application package amended in the record. 534 535 Neese - Brown: With an amendment to Page 12 to reflect that change. 536 537 Seconded by Motion by Karen Barrows, seconded by Susan Halkiotis. 538 539 VOTE: UNANIMOUS 540 541 Neese - Brown: Thank you very much. The only other information we would have, except the information 542 which you've already received, is I'm happy to talk with you about the two conditions that we have asked to 543 tweak. If it's appropriate to do that now, I'm happy to do that. 544 545 Chairwoman Cabe: Did Mr. Wehmann have something to add? 546 547 Neese - Brown: He has testified before you earlier and I believe that is adequate. 548 549 Chairwoman Cabe: Alright. For the record, the board is receiving from staff a revised Attachment 5 that 550 includes the recommended revisions to the conditions. So, prior, to going through staff recommendations, 1 551 do believe it would be in order to hear from Ms. Brown the basis for her requested revisions to ...We have 552 already heard from her regarding Condition Number 6 ... but also hearing from her regarding Conditions 553 Number 8 and 10. 554 555 Neese - Brown: I'm happy to explain that to you. Let me start by saying that as we have been back and forth 556 with conditions that we agree to all the other conditions that were included in the packet. That tweak to 557 Number 5 that is now Number 6, we've read that into the record. On Condition Number 8, there is a 558 cemetery that under the statute is called an abandoned cemetery on the site. It is a private cemetery that 559 has been sold out of the family. There are thousands upon thousands of them in North Carolina on various 560 properties. There is a statutory provision on who, when and how someone can visit a cemetery that's on 561 private land. That statute contemplates that people who are relatives of the deceased and people who are 562 doing particular research with regard to old graves can approach the owner of the property and if the owner 563 gives permission for them to go out, then the people can go out on the property and check the graves. If for 564 some reason the private property owner doesn't give permission for them to do so and a person feels that 565 they have to have access, there is actually a procedure in the statute to follow a special proceeding in court 566 to give them means to go out. What happens as a practical matter, is that when someone does come out, 567 the property owner generally protects themselves from liability, and the Legion is very comfortable working 568 with people as the statute contemplates if someone wants to see the cemetery. We are not aware that 569 there has been visitation at the cemetery in a number of years. We were concerned that giving a perpetual 570 easement to the cemetery on the property was (a) requiring the Legion to do more than the statute requires 571 and (b) creating a situation where there is a perpetual easement to a gravesite that no one cares to visit. It 572 seemed from a liability perspective on their part that if we agree to a condition to follow the statute then 573 that's acceptable. And by not creating an easement that runs with the property forever, we don't create a 20