|
20
<br /> 766 come back to us or is that something that's handled at the higher level, and we have approved it
<br /> 767 and what needs to happen in order for NCDOT to be happy with it is just part of the process?
<br /> 768
<br /> 769 Cy Stober: I want to address that in two parts. One is that anything that happens in the public right of way,
<br /> 770 which is owned and managed by NCDOT is an NCDOT permitting matter exclusively. So, if all of
<br /> 771 those improvements can be made inside of the right of way, that's just NCDOT, it doesn't include
<br /> 772 the county at all, provided it's consistent with anything that would be approved by the county. If it
<br /> 773 is inconsistent, if it would say remove a substantial amount of required landscaping or something
<br /> 774 to that effect, then it would have to come back if it was deemed to be a major modification from
<br /> 775 what was approved, and there are, in Article 2,with regard to conditions, it lays out explicitly what
<br /> 776 are minor modifications that can be approved by the director and what cannot. Then there's the
<br /> 777 separate matter of those modifications. If it's on the private property, how are they going to
<br /> 778 accommodate the need and that would be, the minor modifications broadly speaking allow for a
<br /> 779 reduction in intensities so they may have to lose a lot. Perhaps they have to lose lot size.
<br /> 780 Anything that would be seen as a part of the public contribution and the separation of the uses,
<br /> 781 such as buffers namely I'm thinking of and that where the access to 86 North would be would have
<br /> 782 to be a minor modification,or it would have to come back to the Board. So,the cost is going to
<br /> 783 come to the owner, not to the county and the taxpayers of the county. The one variable to this,to
<br /> 784 your point Mr.Johnston is anything that would be offsite at that intersection,that really is a
<br /> 785 conversation between DOT and this owner and this applicant.
<br /> 786
<br /> 787 Chris Johnston: Okay. Thank you. I appreciate it. So, in regard to, and I want to make sure that I've got the
<br /> 788 public comment correct here. In regard to the Waller's question in regard to accountability and
<br /> 789 that sort of thing, if there are issues,and this has come up a number of times, if there are issues
<br /> 790 with well or whatever the case may be,what is the correct avenue for a homeowner who is in the
<br /> 791 situation to then go to, in regards to my well is no longer working after this X,Y and Z? Is that a
<br /> 792 civil dispute at that point a lawyer's involved kind of deal, or is there a county mechanism?
<br /> 793
<br /> 794 Cy Stober: There's no county mechanism I am aware of.To answer the question that you didn't ask but was
<br /> 795 asked at the last hearing with the same applicant for a different subdivision. All permitting is done
<br /> 796 by the county, and should the soils not perform to accommodate the septic needs or should the
<br /> 797 well not serve the purposes of the subdivision,then that would be, again, at the cost of the owner.
<br /> 798 Any claims of impacts to adjacent property owners is a civil dispute.
<br /> 799
<br /> 800 Chris Johnston: Okay. So, at that point then, if there's any issues on the well or anything along those lines it would
<br /> 801 be a civil dispute, but otherwise the permitting. In regard to the concerns with the encroachment
<br /> 802 on Mr., and I apologize, Medred? Is that correct? Yes. In regard to that, I mean again, this
<br /> 803 sounds more like an issue with the developer,whom you have here now, and then in terms of any
<br /> 804 kind of wall or perimeter or anything along those lines, is that something that is in contention or
<br /> 805 anything on that?
<br /> 806
<br /> 807 Beth Trahos: I would say we're certainly happy to talk with Mr. Medred. I don't believe he attended our
<br /> 808 neighborhood meeting, so this is our first exposure to this question.We do have a survey,and
<br /> 809 we're absolutely willing to talk about how we address those issues.
<br /> 810
<br /> 811 Chris Johnston: Wonderful. I think that was my last question. I mean, it sounds a lot like the town of Hillsborough
<br /> 812 had a few recommendations in regard to the NCDOT and in regard to other things, and I think
<br /> 813 those have been addressed as best as possible.
<br /> 814
<br /> 815 Lamar Proctor: All right. Statler?
<br /> 816
<br /> 817 Statler Gilfillen: In the reports, and I have listened to questions from the school. There was an email sent to the
<br /> 818 Board from a Rebecca Gallegly,who is not able to be here tonight. I don't know if you've seen
<br /> 819 that.
<br /> 820
<br />
|