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ALEXANDER SC MILLER, L.L.P. <br />AtTORNEYS AT LAW <br />1526 EAST FRANKLIN STREET SUITE 202 <br />POST OFFICE 60X 3200 <br />$YDENFIAM B. ALEXANDER, JR. CIiAPEL $iLL, NoETH CAROLINA 2761b-38DQ DONALD A. WILLIAMS <br />STEPHEN B. MILLER OF COUN8E4 <br />1919) 929-1984 <br />FAX (919) 929-1990 <br />E-MAIL: ALEXMILLERLAW~MINP$PRIN6.COM <br />VIA HAND D LIVERIC <br />November 17, 2000 <br />Mr. Craig Benedict <br />Director <br />Orange County Planning Department <br />306F Revere Road <br />Hillsborough, NC .27278 <br />RE: Sunrise Springs Subdivision <br />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 />1 pending application for the approval of the Sunrise Springs <br />1 subdivision. Since the hearing before the County Commissioners, we <br />have attempted to address a number of the concerns raised by your <br />1 staff, the neighbors and the Commissioners themselves. A meeting <br />1 was held with your staff on the property to review the clearing, <br />erosion control measures, proposed plantings of trees, and noise <br />1 abatement issues, among other items. Dr. Diehl, Mr. Philip Post <br />1 and I have conferred further, and are now providing for your <br />consideration a revised application, along with the enclosed <br />1 additional material, for your consideration. <br />1 S e. At the outset, let me note that the subdivision has <br />1 been modified to include all nine lots. Dr. Diehl's personal lot, <br /> which is the largest of the nine lots, will be encumbered by <br /> appropriate restrictive covenants and included in the homeowners' <br />~ 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 I-4o corridor. A significant concern expressed by <br />M 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 />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 />^ <br />43 <br />