Orange County NC Website
Browse       Search
20 <br /> 1 Leon Meyers: Can you please tell the Board how you believe you qualify as a witness for standing in this case? <br /> 2 <br /> 3 Matt McDermott: I live within 1,000 feet of the property. I'm an advocate or I'm a passionate cyclist. I am concerned about <br /> 4 my safety to the extent I wear this dog tag every time I go on NC 10, every time I go on Lawrence Road or any perimeter <br /> 5 road. Mr. Beeman, if I may,you were present during the Planning Board meeting at which time. <br /> 6 <br /> 7 Leon Meyers: Mr. McDermott, right now the discussion is about how you may qualify as a witness with standing in this <br /> 8 hearing. If you could please limit your remarks to that topic at this point, I'd appreciate it. <br /> 9 <br /> 10 Matt McDermott: My concern is my personal safety and wellbeing. My question is,you met Mark Zach. Mark Zach lost an <br /> 11 arm in a traffic accident on NC 10. 1 was the first to that scene. This is why I wear this tag. Nobody know who Mark Zach <br /> 12 was. Do I have to have diminished property value to lose an arm like Mark Zach. Something is sideways here. <br /> 13 <br /> 14 Beth Bronson:Would you please repeat the first thing you said about promoting safety, public health and wellness? <br /> 15 <br /> 16 Matt McDermott: I mean, the general statute says that underlying premise promote the public health, safety and general <br /> 17 welfare. And how can that be superseded by what we're talking about here? <br /> 18 <br /> 19 Beth Bronson:And then you're saying that as a homeowner within 1,000 feet, as a user of the public roads, as a <br /> 20 community member, or part of a cycling. <br /> 21 <br /> 22 Matt McDermott:As 500 members of the Carolina Tarwheels that use the very same roads. Who issued a petition at a prior <br /> 23 stage in this rezoning process expressed the very same concerns. This seems to be a tradeoff for who do we decide gets <br /> 24 to use recreational facilities or the infrastructure to use for recreational purposes? <br /> 25 <br /> 26 Leon Meyers:What the Board needs to hear now is evidence that you qualify as a witness with standing to testify in this <br /> 27 case. Can you please give us the evidence that that's the case? <br /> 28 <br /> 29 Matt McDermott: I know what the answer is. I think personally I'm not an expert in case law. I don't profess to be. I think <br /> 30 that this interpretation is being narrowly provided. Do I have factual evidence? Do I have an attorney next to me saying 1 <br /> 31 think you all are kind of not considering maybe all of the appropriate case law. I could be wrong. <br /> 32 <br /> 33 Nathan Robinson: So what are the damages that you're alleging? <br /> 34 <br /> 35 Matt McDermott: I'm alleging the probability of those damages happening has gone up significantly by increased traffic <br /> 36 volumes going to and from this site. It's a probability statement. It is not proved damages until I resign then yeah,those <br /> 37 are real damages to property. What's more personal than your own health and wellbeing? And the ability to remain on this <br /> 38 earth and breathe air and enjoy it. You know, something's sideways here. <br /> 39 <br /> 40 Leon Meyers:All right. Do you have any other, do you wish to claim. <br /> 41 <br /> 42 Matt McDermott: I know what the answer is. I know what you're getting at. I know what you're going to say. I don't know <br /> 43 what else to say. <br /> 44 <br /> 45 Beth Bronson: I would like to make a motion that this person has standing and should be allowed to speak during the public <br /> 46 hearing. <br /> 47 <br /> 48 Leon Meyers:The motion, is there a second? Motion dies for lack of a second. <br /> 49 <br /> 50 Adam Beeman: I make a motion denying based on Number 2, he hasn't provided proof of the diminution of his property. <br /> 51 <br /> 52 Leon Meyers: It's a motion. Is there a second? <br /> 53 <br /> 54 Jeff Scott: Second. <br /> 55 <br />