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ALEXANDER & MILLER, L.L.P. <br />ATTORNEYS AT LAW <br />1526 EAST FRANKLIN STREET SUITE 202 <br />POST OFFICE BOX 3200 <br />SYDENNAM B. ALEXANDER, JR. CHAPEL Hna, Nonna CAROLINA 27515-3200 DONALD A. WILLIAMS <br />OF COUNSEL <br />$7EPNEN B. MILLER (919) 929-1984 <br />FAX (919) 929-1990 <br />E-MAIL: ALEXMILLERLAWBMINDSPRIMG.COM <br />VIA BAND DELIVERY <br />November 17, 2000 <br />Mr. Craig Benedict <br />1 Director <br />orange County Planning Department <br />306F Revere Road <br />Hillsborough, NC 27278 <br />RE: Sunrise Springs Subdivision <br />I Dear Mr. Benedict: <br />I write to submit additional material for the consideration of <br />your planning staff and the County Commissioners as they review the <br />pending application for the approval of the Sunrise Springs <br />subdivision. Since the hearing before the County Commissioners, we <br />have attempted to address a number of the concerns raised by your <br />staff, the neighbors and the Commissioners themselves. A meeting. <br />was held with your staff on the property to review the clearing, <br />erosion control measures, proposed plantings of trees, and noise <br />abatement issues, among other items. Dr. Diehl, Mr. Philip Post <br />and I have conferred further, and are now providing for your <br />consideration a revised application, along with the enclosed <br />additional material, for your consideration. <br />Lgt_Siz_e. At the outset, let me note that the subdivision has <br />1 -been modified to-include all nine lots. Dr. Diehl Is personal lot, <br />1 -which is the largest of the nine lots, will be encumbered by <br />appropriate restrictive covenants and included in the homeowners' <br />1 association. This reconstitution of the subdivision results in an <br />increase in the average lot size from 2.145 acres to 2.407 acres. <br />1 Noise from 1-40 Corridor. A significant concern expressed by <br />1 the neighbors has to do with the issue of noise abatement. Let me <br />note here that the applicable zoning ordinance speaks to the <br />concerns of a development "generating" noise. Nowhere, to my <br />knowledge, is there set forth any affirmative obligation for a <br />M developer to abate noise originating elsewhere. Nonetheless, in an <br />effort to further address these concerns, Dr. Diehl has retained <br />the services of Dr. Noral Stewart of Stewart Acoustical <br />r <br />41