5.8.24 BOA Agenda Packet - Laserfiche WebLink

Browse Search

15 1 average lay person it'd be overwhelming to read all that. Page 55 is just sample statements. Remember when we had a few nights' 2 meetings ago,staying into night,you're tired and what do I say for the vote? What's the wording for it? This is the wording,they just 3 have to pick which one it is, and it makes it a little bit easier. I think you'll remember in past cases people were confused about 4 owning the property because the statute is that you have to own the subject property,and the statute goes into it that you could be the 5 owner of the property,or you can have an easement over the property,and there's actually a lot of different types of easements and 6 access rights and that's never the case. It's just more confusing than anything, but this would these are your options of what you 7 could,the magic words that we're looking for to switch one, and then it has gotten notes that you're going to need an expert opinion 8 if you're basing this on something that requires an appraiser or a vehicle analysis, and those are statutory carve outs for it. I would 9 also just have a caveat that my personal opinion is that all of this is best done by staff. I don't think that this board needs to get into 10 the weeds with anything, and you've heard right from the start that staff is well aware from management of this board and staff has 11 particularly the last two, three years really tried to up their game on getting the information out there, and it's just about getting it in 12 layman's terms and getting it to people as soon as possible and frequently in the process because the process does take so long. 13 Get it at the neighbor information meeting, going to get at the mailings, going to get online, going to get in newspaper stories, 14 whatever you have it. Ultimately what it's going to be,what you've heard in many cases,what the many neighbors say is that we had 15 to pool our resources and hire an attorney to do it because this is a quasi-judicial hearing and that's the best advice that the staff can 16 give to the public. 17 18 Leon Meyers: This time is on the agenda because board members had concerns during the hearing about being sure that there 19 was adequate information in the public before the hearing, so any thoughts about how, staff is going to make some changes to this 20 I'm sure, but does this seem adequate and appropriate to board members as notice to folks who have an interest in the hearing? 21 22 Adam Beeman: I would say if there's some way that they could post it in a big sign or something at the NIM so folks that do show 23 up out the gate, I need to pay attention to that,and they can move forward as far out as possible,and the same thing that Patrick said, 24 send it out with their notices when they're notified you're an adjacent property owner, make sure that there's a link in there,or some 25 way that they can find out the information that's pertinent to that standing because a lot of those folks could have come up with 26 standing had they took the time to actually get the fresh one. If you can get it out to them as soon as possible,then that's probably the 27 best thing that's possible because it's an expense that they're going to have to spend. If they want to find it,they're going to have to 28 spend the money. 29 30 Beth Bronson: I think a good example is what happened over in West Eno under the Durham County. They've been going 31 through this for months now, and I don't know if it's even on hold or not. Completely unrelated to Orange County. It was the 32 neighborhood that was most effected, such as the neighborhood that had an ingress and egress on Lawrence Road where that 33 development was going. They did end up hiring a lawyer. They did have a case and so they were able to do cross examinations and 34 rebuttals and so they did have that was timely,costly. It was expensive and it was time consuming.That said,it was done in the most 35 outright procedural way that it could be done. 36 37 Patrick Mallett: Let me just say that like when we have initial inquiries or discussions from applicants or the public, we always 38 advise you probably want to seek legal counsel because this is probably above the normal skill set and requires the help of an 39 attorney. That's just an unfortunate reality and we deal with the sandwich that was brought to us and that sandwich is the law. 40 41 Beth Bronson: Gives 45 days to the public to know that they have a month and a half to develop standards. 42 43 Patrick Mallett: We have you have two mailings that would occur. You a notification for a NIM. 44 45 Beth Bronson: Yes. The notification to the property owners and then the posted sign. 46 47 Leon Meyers: Any other comments, questions, suggestions on statement of standing? 48 49 Matt McDermott: With respect to the form or any forms that are mailed out to effected parties, could that be bilingual, specifically 50 English and Spanish? 51 52 Leon Meyers: I don't know the answer to that. Cy can probably tell us whether that's practical. 53 54 Cy Stober: We provide for translation services, but given, so for the notices for the Planning Board meeting,we can prepare 55 those in advance, but given the statutory compliance for getting the evidentiary hearing I place, it's unlikely. We don't have internal