[00:01:04]
YES. SO GOOD EVENING EVERYONE.
IT'S A LITTLE AFTER 6:00 ON 14TH OF NOVEMBER OF 2023.
[1. Opening]
I'D LIKE TO WELCOME YOU TO THE CAROLINE COUNTY BOARD OF ZONING APPEALS MEETING.I'M KAREN HARDY, THE CHAIR, AND WITH ME IS BEN BUTLER, KEVIN PARKS.
AND WE ALSO HAVE OUR MATT KOSINSKI, WHO IS OUR DEVELOPMENT REVIEW COORDINATOR.
AND THAT'S ALL CHANGING. SOON WE HAVE CRYSTAL DADS AND WE HAVE CATHERINE MCAULEY.
AND WE ALSO HAVE WITH US REBECCA GAY, WHO'S OUR ATTORNEY.
REPRESENTATION FOR THE EVENING.
[2. Public Hearing]
FIRST, THE APPLICANT WILL PRESENT THEIR CASE AFTER TAKING THE OATH.THEN WE WILL HEAR FROM PROPONENTS AND OPPONENTS UNDER OATH.
DURING THIS TIME, NO ONE FROM THE AUDIENCE MAY SPEAK UNLESS THE BOARD NEEDS CLARIFICATION.
EVERY EFFORT IS MADE TO REACH A DECISION THE NIGHT THE TESTIMONY IS HEARD.
HOWEVER, SOMETIMES THIS IS NOT POSSIBLE AND A CONTINUANCE WILL BE GRANTED.
AT THIS TIME, I'M GOING TO READ THE NOTICE OF PUBLIC HEARING INTO THE RECORD FOR THIS CASE, AND THEN I'M GOING TO ASK MATT TO READ THE EXHIBITS AND THE STAFF REVIEW INFORMATION. AND THEN I'M GOING TO GO AHEAD AND GIVE THE OATH TO EVERYBODY WHO PLANS TO TESTIFY THIS EVENING AND ASK YOU TO STATE YOUR NAME AND ADDRESS.
FOR THE RECORD, ONE AT A TIME, AFTER BOTH SIDES HAVE TESTIFIED.
REMEMBER, I'M GOING TO SEE IF.
WAIT A MINUTE. LET ME SEE AFTER BOTH SIDES.
OKAY. NEVER MIND. THAT'S MY NOTE.
[Application No. 23-0050: A request by Hartland Holdings, LLC for a Special Use Exception and Variance in accordance with Zoning Chapter 175, Article XVI, Article XVII, §§ 175-13 (Attachment 3) and 175-34 of the Code of Public Local Laws of Caroline County, Maryland for an Agricultural Products Processing Plant. Said property is located at 14010 River Road, Greensboro, Maryland and is further described as Tax Map 14, Grid 14, Parcel 34 and is owned by Hartland Holdings, LLC.]
TODAY'S DATE. IN THIS BUILDING, THE APPLICATION NUMBER IS 23 0050.CHAPTER 175, ARTICLE 16, ARTICLE 17, SUBSECTION ONE 7513, WITH ATTACHMENT THREE AND ONE 7534 OF THE CODE OF PUBLIC LAWS OF CAROLINE COUNTY, MARYLAND FOR AGRICULTURAL PRODUCTS PROCESSING PLANT SAID PROPERTY IS LOCATED AT 14010 RIVER ROAD IN GREENSBORO, MARYLAND AND IS FURTHER DESCRIBED AS TAX MAP, TAX MAP 14, GRID 14, PARCEL 34, AND IS OWNED BY HEARTLAND HOLDINGS LLC.
NOW, MATT, IF YOU COULD READ THE EXHIBITS AND DO THE STAFF REPORT, THAT WOULD BE GREAT.
EXHIBIT TWO IS THE STAFF REPORT AND PLANNING CODES DIRECTOR'S INTERPRETATION.
EXHIBIT NUMBER THREE IS THE SPECIAL USE EXCEPTION APPLICATION.
EXHIBIT NUMBER FOUR IS THE VARIANCE APPLICATION.
EXHIBIT NUMBER FIVE IS A SUPPLEMENTAL NARRATIVE FOR SPECIAL USE AND VARIANCE APPLICATIONS.
EXHIBIT SEVEN IS THE REAL PROPERTY DATA SHEET AND TAX MAP.
EXHIBIT EIGHT IS AN AERIAL OVERLAY.
EXHIBIT NINE IS AN AERIAL OF THE SURROUNDING AREA.
EXHIBIT TEN IS THE ADJOINING PROPERTY OWNER AFFIDAVIT.
OKAY. SO THAT I'LL BRIEFLY GO OVER THE THE STAFF REPORT.
OKAY. AND THEN IF YOU HAVE ANY QUESTIONS FOR ME, I'LL ANSWER THOSE.
AND IF NOT, WE'LL OPEN THE FLOOR TO THE APPLICANT'S REPRESENTATIVE.
[00:05:05]
PLANT. HEARTLAND HOLDINGS PURCHASED THE PROPERTY IN 2019 AND 2019.THE OWNERS HAVE BEEN ACCEPTING GRAIN FROM OUTSIDE SOURCES AND HAS CONSTRUCTED MULTIPLE STRUCTURES WITHOUT ANY ZONING CERTIFICATES AND OR BUILDING PERMITS, WHICH INCLUDE MULTIPLE GRAIN BINS, A LEAN TO ONTO AN EXISTING BARN, A DWELLING AND A CONCRETE PIT.
PLANTINGS. THE PLANNING CODES DEPARTMENT HAS ISSUED A STOP WORK ORDER AS WELL AS A VIOLATION NOTICE.
IT'S BEEN DETERMINED BY STAFF THAT MULTIPLE USES HAVE BEEN IN OPERATION WITHOUT ZONING APPROVAL, AS DEFINED IN THE ADMINISTRATIVE INTERPRETATION LETTER DATED AUGUST 3RD, 2023, WHICH IS ATTACHED HERE IN.
UPON REVIEW, STAFF DETERMINED THAT THE PROPOSED USE IS A MINOR SITE PLAN.
IF THE BOARD HAS ANY APPEALS, GRANTS, A SPECIAL USE EXCEPTION AND THE VARIANCE, THE APPLICANT WILL HAVE TO MAKE ANY REQUIRED CHANGES AND SUBMIT THE REVISED SITE PLAN TO THE PLANNING DIRECTOR AND PLANNING COMMISSION FOR REVIEW AND APPROVAL.
VERY GOOD. THANK YOU VERY MUCH.
I GUESS AT THIS POINT, IF IF I CAN HAVE MR. MULANEY AND YOUR CLIENT COME FORWARD.
AND I'LL SEE IF YOU GUYS CAN, YOU KNOW, SPEAK TO WHO YOU ARE.
AND ALSO I'LL HAVE YOU GIVE ME YOUR, YOUR ADDRESS AND THEN I'LL HAVE YOU DO THE OATH.
OKAY. PLEASE TURN YOUR MICS ON.
JUST SWITCH ON. THERE'S A SWITCH ON THE BACK.
FOR THE RECORD, I'M BRETT EWING WITH LANE ENGINEERING.
[3. Applicant Testimony]
OKAY. SORRY. YEP.AND YOUR ADDRESS, BRET, 117 BAY STREET, EASTON.
OKAY. AND THEN, MR. MULANEY. GOOD EVENING.
BRENDAN MULANEY WITH MCALLISTER.
DETOUR. SHOWALTER AND WALKER, 100 NORTH WEST STREET, EASTON, MARYLAND.
BRET AND I ARE HERE ON BEHALF OF HEARTLAND HOLDINGS, LLC.
EXCUSE ME. CAN WE DO THE OTH FOR LANE ENGINEERING? BEFORE YOU START? YES.
DO YOU DO YOU DO HEREBY SOLEMNLY DECLARE AND AFFIRM, UNDER THE PENALTIES OF PERJURY, THAT THE STATEMENT YOU MAKE AND THE TESTIMONY YOU GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.
OKAY. AND, MR. MULANEY, THE SAME FOR YOU.
PERFECT. THANK YOU. SOME SOME BOARDS OF APPEALS HAVE ATTORNEYS SWEAR IN AND SOME DON'T.
OKAY, WELL, I JUST FIGURED, YOU KNOW, NO WORRIES.
MIGHT AS WELL. THE MORE THE MERRIER, RIGHT? SO WE'RE HERE ON BEHALF OF HEARTLAND HOLDINGS, LLC.
IS THE OWNER OF THIS 160.63 ACRE PROPERTY AT 14010 RIVER ROAD IN GREENSBORO.
BEN FLAYHART, WHO'S THE OWNER OF THIS ENTITY.
AND THE PROPERTY, UNFORTUNATELY COULDN'T BE HERE.
HE'S PICKING UP A TRUCK IN PITTSBURGH, BUT WE'RE HERE TO SPEAK ON HIS BEHALF.
THIS IS, AS THE STAFF REPORT INDICATED, ONE OF A VARIETY OF STEPS TO BRING THIS PROPERTY AND THE VARIOUS AGRICULTURAL USES THAT ARE ON IT, AND THE VARIOUS AGRICULTURAL STRUCTURES THAT ARE ON IT INTO COMPLIANCE WITH COUNTY PLANNING AND ZONING CODES, BUILDING PERMITTING, ENVIRONMENTAL HEALTH AND HEALTH DEPARTMENT REQUIREMENTS, ETCETERA.
WHAT'S BEFORE YOU TONIGHT IS A REQUEST FOR A SPECIAL USE EXCEPTION, APPROVAL AND APPROVAL OF A VARIANCE TO PERMIT AN AGRICULTURAL PRODUCTS PROCESSING PLANT.
THERE'S A LOT THERE'S AGRICULTURAL BARNS, THERE'S AN ONGOING GRAIN OPERATION.
THERE ARE THESE GRAIN SILOS THAT WE'RE GOING TO BE TALKING ABOUT TONIGHT.
THERE'S A FARM OFFICE THAT IS LAWFUL AND PERMITTED.
BRETT'S OFFICE AND MY OFFICE HAVE SUBMITTED THE THE VARIOUS BUILDING PERMIT, SEPTIC PERMIT APPLICATIONS, USE PERMIT APPLICATIONS TO GET ALL OF THIS STUFF CLEANED UP WITH PLANNING AND CODES, THE BUILDING PERMITTING DEPARTMENT AND THE OFFICE OF ENVIRONMENTAL HEALTH.
[00:10:06]
WHAT'S BEFORE YOU TONIGHT IS JUST FOCUSED ON THE AGRICULTURAL PROCESSING COMPONENT.FREEMAN, WHAT WHAT I'D KIND OF TRIED TO CONVINCE HER OF, FRANKLY, WAS THIS IS ALL AN AGRICULTURAL USE, WHICH, AS YOU ALL KNOW, IS IS PROTECTED UNDER BOTH STATE AND LOCAL LAWS.
EVERYTHING THAT'S ON THIS PROPERTY FALLS UNDER THE AGRICULTURAL CATEGORY.
BUT THIS USE IN PARTICULAR THE AGRICULTURAL, WITH THE EXCEPTION OF A MANURE PIT WHICH IS REFERENCED IN THE THE LETTER, IT IS AN AGRICULTURAL USE, BUT THE DETERMINATION FROM PLANNING AND CODES WAS THAT IT FALLS UNDER A COMPOSTING USE.
WE'RE NOT GOING TO TALK ABOUT THAT TONIGHT.
WE'RE NOT GOING TO WE DIDN'T INCLUDE THAT IN A SPECIAL USE EXCEPTION APPLICATION, BECAUSE WE'RE GOING TO DEAL WITH THAT DIFFERENTLY UNDER THE DAIRY OPERATION THAT IS PROPOSED FOR THE SITE.
SO THAT WILL BE AN ACCESSORY MANURE PIT.
DORCHESTER COUNTY AND CECIL COUNTY.
IT IS OVER 1000 ACRES AND CECIL COUNTY OVER 2000 ACRES IN DORCHESTER AND OVER 1500 ACRES IN CAROLINE, ALL WITHIN FIVE ACRES OF THE PROPERTY THAT WE'RE TALKING ABOUT TONIGHT.
SO THERE'S A SIGNIFICANT AMOUNT OF GRAIN THAT IS PRODUCED BY THE THE APPLICANT'S FARMING OPERATION.
WHEN THESE WHEN WHEN BEN BOUGHT THE PROPERTY IN 2019, HE INTENDED TO USE THE GRAIN STORAGE FOR HIS FARMING OPERATION, WHICH IS PERMITTED BY RIGHT.
IT'S NOT SUBJECT TO HEIGHTENED SETBACKS.
HE'S ORIGINALLY FROM PENNSYLVANIA.
YOU DON'T YOU DON'T HAVE TO GO THROUGH THE SPECIAL USE EXCEPTION OR CONDITIONAL USE PROCESS.
THIS OBVIOUSLY IS DIFFERENT, WHICH IS WHY WE'RE BEFORE YOU TONIGHT WHEN THE GRAIN BINS WERE ORIGINALLY CONSTRUCTED, HE INTENDED FOR THOSE TO BE USED TO SERVE HIS AGRICULTURAL OPERATION, NOT TO BRING IN GRAIN FROM OTHER FARMING PROPERTIES.
AND IN THE LAST NUMBER OF YEARS, THERE HAVE BEEN OTHER FARMERS THAT HAVE APPROACHED BEN AND ASKED IF THEY COULD DELIVER THEIR GRAIN TO HIS PROPERTY INSTEAD OF TRUCKING IT TO OTHER COUNTIES OR OTHER BUYERS THROUGHOUT MARYLAND AND DELAWARE.
THOSE INCLUDE PERDUE MOUNTAIRE NAGEL.
I MEAN, NAMES THAT YOU ALL ARE FAMILIAR WITH THAT THAT DON'T HAVE.
IT'S TRUCKED TO THE PROPERTY DURING HARVEST SEASON.
SO PRIMARILY IN OCTOBER WE'RE JUST WRAPPING UP, YOU KNOW, CUTTING BEANS AND PICKING CORN AND THEN IS TRUCKED OFF THE PROPERTY SPORADICALLY THROUGHOUT THE YEAR, DEPENDING ON FLUCTUATION IN GRAIN PRICES AND WHENEVER BUYERS NEED GRAIN.
SO TRAFFIC TRAFFIC FLOWS GENERATED BY THE USE ARE PRIMARILY CONCENTRATED IN OCTOBER, BEN HAS MADE SURE AT AT OUR DIRECTION TO STAGE EVERYTHING AS TRUCKS COME STAGED ON SITE SO THAT THERE AREN'T IMPACTS TO THE ROADWAYS.
AND AGAIN, THIS THIS HAS BEEN OPERATING THIS WAY FOR A WHILE.
THE VARIANCE IS REQUIRED BECAUSE AS AN AGRICULTURAL PROCESSING PLANT.
NO STORAGE OF GRAIN CAN BE WITHIN 500FT OF THE RIGHT OF WAY FOR THE ROAD.
THE CLOSEST GRAIN BIN IS 457FT FROM RIVER ROAD, SO WE'RE REQUESTING A 43 FOOT VARIANCE.
[00:15:09]
AND ALL OF THIS IS DEPICTED ON THE SITE PLAN PREPARED BY LANE ENGINEERING, WHICH WAS GIVEN TO YOU IN YOUR PACKETS.WE BELIEVE I SUBMITTED A KIND OF A LENGTHY NARRATIVE WHICH IS IN YOUR PACKAGES, AND I'M HAPPY TO GO THROUGH EACH ONE OF THOSE VARIANCE CRITERIA ONE BY ONE, IF YOU WOULD LIKE TO.
IF YOU'D LIKE ME TO WALK THROUGH THOSE, I'M HAPPY TO DO THAT.
THAT'S FINE. BUT WE BELIEVE THAT THE APPLICATION AND THE USE AS PROPOSED AND AS EXISTING MEETS ALL OF THE LEGAL REQUIREMENTS OF THE CODE FOR SPECIAL EXCEPTION APPROVAL AND VARIANCE APPROVAL, GENERALLY SPEAKING, UNDER MARYLAND LAW.
AND AGAIN, THIS IS IN THE VARIANCE CRITERIA.
YOU HAVE TO SHOW THAT THERE IS AN UNDUE HARDSHIP ON A PROPERTY, AND THAT USE OF A STRUCTURE OR A PROPERTY WITHOUT A VARIANCE IS IMPRACTICAL OR UNREASONABLE OR UNDUE.
THE FACT THAT THESE GRAIN BINS WERE CONSTRUCTED FOR A PERSONAL WELL, AN ON SITE FARMING USE, OR THE OWNER'S FARMING USE, WHICH ISN'T PROHIBITED WITHIN 500FT OF THE ROAD, AND THAT USE HAS NOW TRANSFERRED TO A USE DEEMED BY PLANNING AND ZONING STAFF TO REQUIRE IMPOSITION OF THE 500 FOOT.
SETBACK IS A UNIQUE CIRCUMSTANCE THAT IS UNIQUE TO THESE STRUCTURES.
UNDER MARYLAND LAW, AN APPLICANT HAS TO DEMONSTRATE THAT THERE ISN'T A UNIQUE, HEIGHTENED IMPACT ON THE SUBJECT PROPERTY THAT IS CAUSED BY THE USE.
SO THE USE IS DEEMED APPROPRIATE BY THE COUNTY COUNCIL WHEN IT IS APPROVED FOR A ZONING DISTRICT.
IN THIS CASE, IT'S THE RURAL ZONING DISTRICT BY SPECIAL EXCEPTION.
THE GRAIN BINS ON THIS PROPERTY ARE CONSISTENT WITH OTHER AGRICULTURAL USES.
STRUCTURES. YOU MIND IF I APPROACH? PLEASE FEEL FREE.
IS THIS ALREADY A PART OF WHAT WE HAVE IN OUR PACKAGE? OKAY. SO OKAY, SO WE NEED TO INTRODUCE THIS INTO.
YES. WHAT ARE WE GOING TO CALL THIS? APPLICANTS. EXHIBIT NUMBER ONE.
SO AS I WAS SAYING THIS, THIS USE AND THESE IMPROVEMENTS ARE CONSISTENT WITH WHAT YOU WOULD SEE ON MANY FARMS THROUGHOUT THE STATE AND CAROLINE COUNTY.
THERE ARE THERE ARE AGRICULTURAL BARNS.
THERE'S A SMALL FARM OFFICE, THERE'S A SMALL TENANT HOUSE ADJACENT TO THE BARNS.
JUST JUST SO YOU ALL ARE AWARE, AS PART OF THE DISCUSSIONS WITH STAFF, THE FARM OFFICE IS GOING TO BE REMOVED FROM THE PROPERTY AS WE WORK THROUGH ALL THIS PERMITTING AND APPROVAL PROCESS.
THE FIRST IS TO SHOW YOU HOW FAR AWAY FROM ALL OF THE ADJACENT RESIDENTIAL AND AGRICULTURAL STRUCTURES THIS SITE ACTUALLY IS. THE.
THE NEAREST STRUCTURE TO THE SOUTHEAST IS OVER 700 SQUARE, 1700 SQUARE FEET, WHICH IS A THIRD OF A MILE FROM THE SUBJECT SITE AND IS SIGNIFICANTLY WOODED BETWEEN THE RESIDENCE AND THE SITE. THE OTHER CLOSEST THREE ARE EVEN FURTHER THAN 1700.
YOU CAN SEE THAT ONE IS 2900FT², THE OTHER IS OVER 3000.
SO OVER HALF A MILE FROM THE SITE THAT WE'RE TALKING ABOUT.
I APPRECIATE IT AS YOU CONTINUE TO WALK THROUGH THESE.
THESE ARE PHOTOGRAPHS FROM THE ROADWAYS IN THE VICINITY OF THE SUBJECT PROPERTY.
THEY'RE SHOWN IDENTIFIED AS LETTERS ON THE ON PAGE ONE OF THE EXHIBIT.
[00:20:05]
SO IF YOU GO TO A THE FIRST LOCATION, THIS IS A VIEW LOOKING NORTHEAST FROM THAT POSITION A ON THE ADJACENT ROADWAY.THIS JUST SHOWS THAT AGRICULTURAL COMPOUND.
THERE ARE SOME AGRICULTURAL GRAIN BINS THERE.
IT LOOKS LIKE THERE ARE SOME CHICKEN HOUSES.
THERE'S CERTAINLY ACCESSORY STRUCTURES.
THERE'S A RESIDENCE ON THIS PROPERTY.
THIS IS LOOKING NORTH FROM SUNSET AVENUE AT THAT LOCATION NORTH OF WHERE WE'VE CALLED OUT B LOCATION B, THIS AGAIN JUST SHOWS GRAIN BINS THAT ARE THERE IN AN AGRICULTURAL COMPOUND WITH AN AGRICULTURAL BARN.
IF YOU GO TO THE NEXT EXHIBIT C OR PAGE C, THIS IS LOOKING NORTH AS WELL.
AT THE NEXT FARM COMPOUND TO THE EAST OF B FROM SUNSET AVENUE.
AND THIS AGAIN SHOWS TWO AGRICULTURAL BARNS AND THREE GRAIN BINS BEHIND A RESIDENCE.
THERE'S ALSO A TRUCK THAT I'LL JUST IDENTIFY FOR THE RECORD, PARKED IN FRONT OF THAT HOUSE.
UM. THE NEXT VIEW VIEW IS FROM SUNSET AVENUE LOOKING SOUTH.
AND AGAIN YOU CAN SEE AN OLD GRAIN SILO THERE AND AGRICULTURAL STRUCTURES.
HE IS LOOKING FROM RIVER ROAD TO THE WEST AT THE THE SUBJECT PROPERTY.
THE LAST, I BELIEVE SEVEN PAGES ARE OTHER PHOTOGRAPHS FROM ROADWAYS.
THIS IS USING GOOGLE MAPS OF AGRICULTURAL USES AND STRUCTURES IN CAROLINE COUNTY, SO I DIDN'T IDENTIFY THE ADDRESSES FOR THESE.
I SHOULD HAVE ADDED THOSE, BUT THESE ARE FARM COMPOUNDS THAT HAVE SIMILAR STRUCTURES BARNS, ACCESSORY AGRICULTURAL STRUCTURES, AND OFTENTIMES RESIDENCES ON THEM THAT ARE OWNED BY, PRESUMABLY THE OWNERS OF THESE FARMS THAT SERVE THE COMMUNITY AND PRODUCE GRAIN.
MANY, MANY OF THE FARMING OPERATIONS IN THE COUNTY, LIKE THIS, ARE THE OPERATIONS THAT ARE BRINGING GRAIN TO HEARTLAND HOLDINGS PROPERTIES, AND BENEFIT FROM HAVING THIS USE IN THE COUNTY AND SERVING THE AGRICULTURAL COMMUNITY IN THE COUNTY.
AGAIN, I'M HAPPY TO WALK THROUGH THE SPECIAL EXCEPTION CRITERIA AND THE VARIANCE CRITERIA IF THE BOARD WOULD LIKE, BUT WOULD OTHERWISE LIKE TO RELY ON THE THE APPLICATION AND MATERIALS THAT WERE SUBMITTED FOR YOUR REVIEW, AND LISTEN TO WHAT ANYBODY ELSE MIGHT HAVE TO SAY AND RESPOND TO THAT.
DO YOU HAVE ANYTHING TO ADD? YEAH, I JUST WANT TO ADD ONE THING.
REALLY NOTHING FROM WHAT BRENDAN MENTIONED, BUT JUST THE FACT THAT BEN, THE SAME DAY HE GOT THE NOTICE FROM THE COUNTY, HE REACHED OUT TO ME AND SAID, BRETT, I NEED YOUR HELP.
I DIDN'T REALIZE WHAT HAPPENED.
WE GOT TO MAKE THIS RIGHT, MAKE IT LEGAL.
SO THE ONLY POINT I WANT TO JUST KIND OF LEAVE, YOU KNOW, TO MENTION RIGHT NOW IS, YOU KNOW, HE CERTAINLY AS SOON AS HE WAS MADE AWARE OF THE SITUATION, HE CONTACTED ME THE SAME DAY.
DID YOU HAVE A QUESTION? I'D LIKE TO HEAR FROM MATT TO SEE WHERE WE'RE AT.
HOW DO WE GET TO THIS POINT? RIGHT. YEAH, I THINK I THINK MAYBE, MAYBE MATT CAN SPEAK TO HOW EVERYTHING KIND OF FELL INTO PLACE WITH, YOU KNOW, HOW DID WE HOW DID THE INFRACTION COME TO YOUR ATTENTION AND THEN KIND OF MOVE FORWARD SO WE CAN KIND OF PIECE IT ALL TOGETHER BASED ON WHAT THEY'RE SAYING AND WHATEVER, LIKE THE ORIGINAL APPROVAL.
SO IN 2019, MR. FLAYHART HAD AN ENGINEERING COMPANY, RED BARN CONSULTING, HAD REACHED OUT TO OUR DEPARTMENT ABOUT THE REQUIREMENTS FOR THIS SPECIFIC USE THAT WE'RE TALKING ABOUT RIGHT NOW. THIS SPECIFIC USE AS A SPECIFIC USE AS AN AG PRODUCTS PROCESSING FACILITY.
NOT FOR PERSONAL, BUT FOR CORRECT.
OKAY. SO THEY SUBMITTED AN APPLICATION FOR A SITE PLAN.
THEY SUBMITTED A SPECIAL USE APPLICATION.
THEY REQUESTED A TIMELINE ON HOW LONG IT WOULD TAKE.
[00:25:01]
BECAUSE MR. FLAYHART WAS KIND OF IN A RUSH TO GET THIS BARN UP FOR STORAGE OF THE STRAW THAT HE NEEDED ON SITE AND SOME GRAIN THAT HE WAS HE WAS CUTTING.I GAVE A TIMELINE ON HOW LONG IT WOULD TAKE, WHAT THE PROCESS WAS, AND THAT JUST WASN'T GOING TO WORK FOR MR. FLAYHART. AND SO WHAT HE DID WAS HE HAD MATT BRUBAKER, THE ENGINEER FOR RED BARN CONSULTING, SCALED BACK THE DESIGN TO BASICALLY ONE GRAIN TANK.
THERE WERE SOME WET BINS, DRY BINS, THE BARN THAT'S THERE NOW.
I'M TRYING TO RECALL ON MY HEAD, BUT BASICALLY HE SCALED BACK THE OPERATION TO A POINT WHERE IT JUST WAS GOING TO BE FOR HIS USE, AND IT WAS OUR UNDERSTANDING AT THAT POINT IN TIME THAT THAT WAS WHAT WAS GOING TO HAPPEN.
AND HE WOULD COME BACK LATER FOR AN EXPANSION.
FAST FORWARD TO NOW, WHAT WE REVIEWED AND APPROVED AS PART OF THE BUILDING PERMIT PROCESS, BECAUSE THEY WOULD NOT HAVE TO GO THROUGH THIS PROCESS FOR THEIR OWN SPECIFIC USE. WHAT WAS CONSTRUCTED AND WHAT IS SHOWN ON THE SITE PLAN NOW WAS NOT WHAT WAS REVIEWED AND APPROVED AS PART OF THE BUILDING PERMIT PROCESS, SO WE HAD RECEIVED SOME COMPLAINTS FROM NEIGHBORS IN THE AREA ABOUT WHAT WAS GOING ON ON SITE.
THERE WERE VARIOUS THINGS THAT WERE BUILT WITHOUT PERMITS.
RIGHT? SO THAT'S THE NEED FOR THE VARIANCE.
BUT THE ORIGINAL DESIGN THAT WAS LAID OUT, THE PROPOSED TANKS VERY SIMILAR SIZE TO THIS OPERATION.
YEAH. AND SO WHEN THE TIMELINE CAME OUT THAT HOW LONG IT WAS GOING TO TAKE 3 TO 6 MONTHS, BASICALLY BASED ON WHAT WE HAD AT THE TIME FOR APPLICATIONS, HE WANTED TO SCALE IT BACK IMMEDIATELY AND GET UP WHAT HE NEEDED AT THE TIME.
WELL, THAT MAKES ME SCRATCH MY HEAD BECAUSE I FEEL LIKE, YOU KNOW, IT'S A LITTLE BIT OF A MYSTERY HOW SOMEONE COMES INTO THE COUNTY AND MEETS WITH YOU AND GETS SOME INFORMATION AND THEN DECIDES IT'S NOT GOING TO BE TIMELY.
SO THEY DO WHAT THEY WANT INITIALLY JUST TO SCALE IT DOWN TO GET THINGS OPERATIONAL, AND THEN SUDDENLY THEY ADD TO THEIR OPERATIONS AND DIDN'T KNOW THAT.
THAT TO ME IS A RED FLAG, BECAUSE CLEARLY YOU HAD TO KNOW.
HE HAD TO KNOW SOMETHING BECAUSE HE CAME TO THE COUNTY INITIALLY.
SO THAT MAKES ME FEEL A LITTLE BIT LIKE SOME OF THE STUFF THAT'S HE'S IN THE MIDST OF.
AND GRANTED, HE'S TRYING TO CORRECT IT WAS SELF CREATED BECAUSE HE DIDN'T GO THROUGH THE PROPER CHANNELS ONCE HE MADE HIS DECISION TO EXPAND HIS OPERATIONS. SO I'M A LITTLE BIT CONFUSED ABOUT.
I GET IT. BUT IN IN MR. FLETCHER'S DEFENSE, HIS ENGINEER WAS THE ONE THAT WAS IN DISCUSSIONS WITH OUR DEPARTMENT THE WHOLE TIME.
HE MIGHT HAVE JUST. HE MAY NOT HAVE KNOWN.
BUT OKAY. TO JUST FOLLOW UP WITH THAT IS EXACTLY WHAT I WAS GOING TO SAY.
AND SO MY THOUGHT, KNOWING BEN, THAT I HAVE A FEELING THAT HE WAS UNAWARE AND WELL, YEAH, THAT COULD VERY WELL BE THAT SENSE THAT HE WASN'T IN ATTENDANCE AT THE MEETING. YEAH. WELL, THEN THAT'S THAT'S WHAT I WAS TRYING TO UNDERSTAND THEN.
THAT'S JUST JUST THE TEAM, THE.
YEAH. GO AHEAD. SO WHAT I'M READING OUT OF THIS IS HE WAS TOLD, OR THE OTHER ONES WAS TOLD THAT HE HAS TO HAVE PERMITS TO DO THIS, BLAH, BLAH, BLAH. AND HE JUST WENT ON AND DID IT ANYWAY.
SO WHERE DO YOU GO FROM HERE? SO WHAT, YOU WOUND UP WITH ALL THIS OTHER STUFF ON THERE AND ALL THESE PEOPLE SITTING BEHIND, YOU KNOW, WHAT'S GOING ON? AND I DRIVE A SCHOOL BUS BESIDE IT RIGHT AROUND THIS FACILITY EVERY DAY.
AND A PERMIT FOR ONE, ONE TANK AND ONE BUILDING.
IS THAT RIGHT? THERE WAS ONE GRAIN.
THERE'S ONE GRAIN SILO AND A WET BIN.
THE BARN THAT THAT'S USED FOR THE STRAW STORAGE AND THE.
[00:30:01]
TRAILER. THE OFFICE TRAILER.AND I GUESS THE OTHER ENGINEERING TEAM MAY NOT HAVE INFORMED HIM ADEQUATELY.
MAYBE HE DIDN'T UNDERSTAND, SO I CAN'T SPEAK TO THAT.
BUT I WOULD ALSO SAY THAT NINE TIMES OUT OF TEN, YOU'RE GOING TO ASK FOR SOME FEEDBACK FROM THE PEOPLE THAT YOU'RE WORKING WITH, AND YOU SHOULD BE AWARE TO SOME DEGREE WHAT'S HAPPENING. AND HE KNEW HE HAD TO GET A PERMIT FOR, WELL, ONE TANK AND SOME DRY BINS, A WET BIN OR WHATEVER.
AND SO HE KNEW HE HAD TO GET PERMITS.
YOU SEE, HE'S GOING TO ADD TO THE SIDE OF THAT POLE BAR HE HAS.
HE'S ALREADY STARTED, HE'S MOVED TO A HOUSE OUT THERE AND HE HAD TO GET A PERMIT TO BUILD IT.
SO, YOU KNOW, YOU'VE GOT TO HAVE A BUILD A PERMIT TO ADD ON TO IT.
AT THE END OF THE DAY, IT JUST MAKES ME QUESTION.
HE DOESN'T KNOW EVERY LITTLE, EVERY LITTLE IN AND OUT WITHIN A COMMUNITY THAT'S NEW TO HIM.
BUT AT SOME POINT IN TIME, AND YOU DID MENTION SOMETHING ABOUT THIS PIT AND NOT DISCUSSING IT TONIGHT, I WANT TO I WANT TO MENTION THAT BECAUSE THERE'S A LOT OF PEOPLE SITTING IN THE ROOM THAT CAME SPECIFICALLY, I THINK BECAUSE OF THE PIT, AND I THINK THAT'S THEIR MAIN ISSUE.
AND I'M REALLY CONFUSED AS TO THE WAY THAT WE'RE APPROACHING THIS.
IT'S LIKE THE ELEPHANT IN THE ROOM.
THE PIT SITS THERE, BUT WE'RE NOT GOING TO DISCUSS IT OR ADDRESS IT.
AND I AND I KNOW IT'S NOT IN THIS PACKET, BUT IT'S A PART OF THE OPERATION THAT'S IN QUESTION THAT WE HAVE TO KIND OF MAKE A DECISION ABOUT. AND WE DON'T WANT TO NECESSARILY MAKE DECISIONS THAT'S NOT COMPLETE AND DOESN'T ENCOMPASS THE REST OF THE OPERATIONS THERE AT THE FARM, BECAUSE THAT'S WHAT THE COMMUNITY MEMBERS ARE GOING TO WANT TO KNOW ABOUT.
CAN YOU EXPLAIN THAT OR KIND OF HELP ME UNDERSTAND THAT.
SO OTHER THERE'S THERE'S REALLY TWO COMPONENTS.
OTHERWISE WE WOULDN'T HAVE TO BE HERE.
IT'S COMMITTED BY RIGHT SUBJECT TO BUILDING PERMITS.
RIGHT. I WOULD JUST LIKE TO SAY THAT I'M NOT OFTEN BLINDSIDED.
LIKE, YOU KNOW, I DON'T WANT TO SAY NEVER, BUT TO HEAR THAT SOMEBODY ON OUR TEAM WAS TOLD IN 2019 THAT THIS WAS AN AGRICULTURAL PROCESSING PLANT IS TRULY NEWS TO ME.
I SAT DOWN WITH KATHLEEN AND SHE DIDN'T RAISE THAT WHEN WE MET.
NOT NOT SAYING THAT IT WASN'T THE CASE.
RED BARN IS NO LONGER A PART OF THIS PROJECT TEAM.
RIGHT. AND WE'RE HERE TO STRAIGHTEN THIS OUT AND MAKE SURE THAT IT COMES INTO COMPLIANCE.
I DON'T KNOW EXACTLY WHAT RED BARN WAS TOLD AND WHAT THEIR UNDERSTANDING WAS.
RIGHT. THEY'RE NOT HERE TO DEFEND THEMSELVES.
MY CLIENT, THAT THEY WERE AWARE TRIED TO SKIRT ANY LAWS.
WHAT I'VE BEEN TOLD IS HE INTENDED TO INSTALL GRAIN BINS FOR HIS AGRICULTURAL OPERATION AND USE AND USE THOSE, AND IT'S GROWN INTO WHAT IT IS TODAY TAKING GRAIN FROM OFFSITE, WHICH REQUIRES A SPECIAL USE EXCEPTION APPROVAL, RIGHT? AS FAR AS THE OTHER USES ON SITE ARE CONCERNED, MANY OF THE AGRICULTURAL USES THE, FOR INSTANCE, THE THE CROP PRODUCTION ON THE PROPERTY ARE PERMITTED BY RIGHT AS A FARMER.
YEAH. THE THE THE MANURE PIT IS SOMETHING THAT WE'VE DISCUSSED WITH STAFF.
WE UNDERSTAND THAT THE COUNTY MAY HAVE CONCERNS ABOUT THE USE.
IT DOESN'T FALL NEATLY INTO THE COMPOSTING USE PARAMETERS.
AND I DON'T HAVE THOSE IN FRONT OF ME.
RIGHT. YOU KNOW, FRANKLY, I DIDN'T EXPECT TO HAVE TO ADDRESS THEM TONIGHT.
THE MATERIAL THAT ENDS UP COMING OUT OF THE COMPOSTING PIT IS APPLIED LIKE A FERTILIZER, LIKE, YOU KNOW, CRAB GUTS OR CHICKEN BYPRODUCTS AND IS DRILLED INTO THE GROUND AND APPLIED UNDERNEATH THE GROUND SURFACE.
IT WOULD DEFEAT THE PURPOSE OF HAVING THAT APPLIED AND USED ON AGRICULTURAL PROPERTY.
IF THE SETBACK APPLICABLE TO THE COMPOSTING USE WERE APPLIED TO THE MANURE PIT.
SO THERE THERE ARE HURDLES RELATED TO THAT DISCUSSION THAT WE NEED TO OVERCOME AFTER THIS HEARING.
AND THAT'S PART OF THE IS IT BEING USED CURRENTLY? IT IS. THERE MAY BE SOME MATERIAL IN IT, BUT WE'VE TOLD HIM, WHICH IS WHY THE LEAN TO IS HALF BUILT.
RIGHT. WE'VE TOLD HIM STOP CONSTRUCTION.
YOU KNOW, HE HAS A FARM. HE HAS TO RUN.
BUT STOP, STOP, STOP CONSTRUCTION AND STOP USING.
WHERE'S THE STUFF COMING FROM? IF IT'S JUST GRAIN.
THE GREAT. WHAT DO YOU MEAN? DUMPING IN THIS CONCRETE TANK? OH, THAT'S CHICKEN BYPASS BYPRODUCT.
[00:35:01]
YEAH, THAT'S SOMETHING CALLED DAF AND MANURE.I'M TOLD THAT ONE OF THE PARTIES THAT WAS DELIVERING TO THE SUBJECT PROPERTY SERVES 30 OR 35 OTHER PROPERTIES IN CAROLINE COUNTY ALONE DELIVERS TO 30 OR 30. AND THAT'S ONLY ONE COMPANY.
OKAY. SO HOW DO SO HOW DO WE APPROACH THE CONVERSATIONS THAT ALL THESE PEOPLE IN THE ROOM WANT TO HAVE WHEN IT'S I'M JUST ASSUMING THAT MOST OF YOUR CONCERNS AREN'T ABOUT THE AGRICULTURAL USE IN TERMS OF THE GRAIN, IT'S ABOUT THE PIT.
IS THAT CORRECT? WITH MOST OF YOU? IS IT SMELL ORIENTED IN THE PIT OR IS THERE OTHER STUFF? SURELY I UNDERSTOOD. PEOPLE THAT MOTHER'S DAY.
YOU DIDN'T ADVERTISE IT. RIGHT? RIGHT. WELL, THAT'S WHAT I'M SAYING, BUT I MEAN, I WASN'T SURE.
WAIT A MINUTE. YOUR NAME? SUE ELLEN WOODWARD.
AND LET ME, LET ME LET YOU TAKE THE OATH FIRST.
AND YOU SAID YOUR NAME IS SUE ELLEN.
DO YOU HEREBY SOLEMNLY DECLARE AND AFFIRM, UNDER THE PENALTIES OF PERJURY, THAT THE STATEMENT YOU MAKE IN THE TESTIMONY YOU GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH I DO? OKAY.
WHEN I SPOKE TO THE. THE MICROPHONE.
JUST TO TURN AROUND. THERE'S A SWITCH.
[4. Public Testimony]
YES. YEP. THAT'S IT.ME AND MICHAEL, WE OWN THE PROPERTY BEHIND THIS ON MARBLEHEAD.
THE ADDRESS IS MARBLEHEAD, BUT IT SITS.
WE BOUGHT THE WOODED AREA OFF OF THE SAME PROPERTY THAT BEN BOUGHT THE TILLABLE.
AND HE PUT IN THIS GRAIN BIN OPERATION.
UM, FROM WHAT WE HEARD THROUGH THE NEIGHBORHOOD.
AND AS YOU SAID, HE'S BACK TRACKING HIS PERMITS.
AND ONE OF YOUR EXHIBITS? I THINK IT'S FIVE.
THERE'S PEOPLE COMPLAINING ABOUT THOSE ISSUES, ESPECIALLY THE TRUCK TRAFFIC.
I KNOW YOU'VE ALREADY STATED THAT.
IS HE CURRENTLY DOING OTHER OPERATIONS ON THAT PROPERTY? AND HE IS.
I SEE THE TRUCK TRAFFIC IN AND OUT.
IT'S MORE THAN JUST A GREEN OPERATION OF TRUCK TRAFFIC THAT'S COMING DOWN SUNSET AVENUE.
PEOPLE ARE COMPLAINING ABOUT THE DETERIORATION OF THE ROAD.
WE AIN'T SEEN NO TRAFFIC ASSESSMENT, WHICH ALL THAT STUFF SHOULD HAVE BEEN DONE BEFORE THE PERMIT AND THAT WAS EXCLUDED, THAT IT EXCLUDED ALL OF OUR INPUT.
WE'VE NOT HAD AN INPUT TO SAY WHAT WE ARE DEALING WITH AND WHAT WE'RE NOT DEALING WITH.
CAN YOU CAN YOU SPEAK TO WHAT KIND OF VOLUME YOU'RE TALKING ABOUT WITH TRUCK TRAFFIC? CAN YOU GIVE AN IDEA? I KNOW THERE'S BEEN TEN OR MORE TRUCKS, TRAILER TANKER TRAILERS OF.
POULTRY EVISCERATION PRODUCT COMING FROM LINKWOOD INTO AND BEING DUMPED DIRECTLY INTO THAT WASTEWATER MANURE OPERATION PIT.
RIGHT. I THINK YOU NEED TO FINISH WITH THE APPLICANT'S PRESENTATION BEFORE WE MOVE TO TESTIMONY.
OKAY. SO I DIDN'T GET TOO UPSET ABOUT IT.
AND I CALLED SOME OF THE OTHER FARMERS IN THE AREA.
I THINK WE CAN'T ADDRESS WHAT MS..
DODDS IS REFERRING TO IS THAT WE NEED TO GIVE MR. MULANEY A CHANCE TO FINISH HIS TESTIMONY.
THEN WE CAN HEAR FROM A LITTLE BIT MORE.
IF YOU HAVE MORE TO ADD, THAT'S FINE.
I APOLOGIZE FOR CROSSING THE WIRES.
[00:40:04]
ALL RIGHT. BUT YOU CAN YOU CAN JUST TAKE A SEAT AND WE'LL SEE IF THEY HAVE ANYTHING FURTHER TO ADD.AND THEN WE'LL WE'LL HEAR FROM YOU AGAIN IF YOU HAVE MORE TO ADD.
WE DO BECAUSE THERE'S SO MANY OF YOU.
WE WANT TO KEEP IT TO LIKE THREE MINUTES EACH.
SO WE'RE NOT TAKING TOO MUCH TIME.
OKAY. SO I'M SORRY WE CAN GET BACK TO THE.
WELL. I THINK THE LAST QUESTION THAT YOU HAD WAS, HOW ARE WE GOING TO? FOCUS ON THE GREEN OPERATION.
AND, YOU KNOW, THE KIND OF TESTIMONY THAT WE JUST HEARD ABOUT TRAFFIC IMPACTS AND WHAT THE NEIGHBORS ARE CONCERNED ABOUT IS THE KINDS OF STUFF THAT WE'RE HERE TO HEAR ABOUT AND, AND DISCUSS.
RIGHT. YOU KNOW, MY ONLY ADDITION TO THAT WOULD BE THIS IS AN AGRICULTURAL USE, RIGHT, ON AN AGRICULTURAL PROPERTY THAT IS DEEMED APPROPRIATE IN THE RURAL ZONING DISTRICT, SUBJECT TO SPECIAL USE EXCEPTION.
AND THEN AS LONG AS I HAVE THE CHANCE TO REBUT, DO A CLOSING.
THAT'S ALL OKAY FOR HIM TO DO THAT AT THE END BEFORE HE CLOSES, WE CAN LISTEN TO.
OKAY. THAT'S FINE. SO IT'S ALL RIGHT FOR US TO MOVE INTO OPPOSITION.
ARE THERE ANY PEOPLE IN THE ROOM THAT WOULD LIKE TO SPEAK IN FAVOR OF THIS USE? NO. OKAY.
YES. FIRST OF ALL, LET'S YOU KNOW WHAT WE CAN.
WE CAN. IF EVERYBODY CAN JUST RAISE YOUR HAND, WE CAN ALL TAKE THE OATH TOGETHER.
JUST SPEAK EACH EACH OF YOU SPEAK YOUR NAME FULLY WITH YOUR ADDRESS.
AND THEN WE CAN JUST CALL IT A DAY.
SO I WANT EVERYBODY, IF YOU COULD, THAT HAS NOT DONE IT YET.
JUST RAISE YOUR HAND. DO YOU HEREBY SOLEMNLY DECLARE AND AFFIRM, UNDER THE PENALTIES OF PERJURY, THAT THE STATEMENT YOU MAKE IN THE TESTIMONY YOU GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? AND IF YOU COULD JUST START WITH THIS GENTLEMAN, YOUR NAME AND ADDRESS, PLEASE, MICHAEL STOKES.
OKAY, SIR. BRETT MYERS 13264 RIVER ROAD.
OKAY. MICHAEL WOODWORTH 145 12.
GO AHEAD. UH, KELSEY JOHNSON AND 2451923.
OKAY. JOHN SAID 11830 ORIGINALLY ROAD.
I APPRECIATE YOU ALL COOPERATING AND I APPRECIATE YOU TAKING THE TIME TO DO THAT.
IN FRONT OF THE SPEAKER, IF YOU WOULD.
I DON'T REALLY HAVE A GUESS AT THIS POINT, BUT I JUST HAVE A QUESTION.
COMMENTS OR QUESTIONS. THAT'S FINE.
SO AND I SHOULD NOTE BECAUSE PAUL GREEN IN THERE.
I MEAN HE'S A I'M A CUSTOMER OF HIS I DON'T I MEAN SO I JUST WANT TO LAY THAT OUT TO START WITH.
I DON'T REMEMBER WHICH TANKS WENT UP FIRST.
I DIDN'T PAY THAT MUCH ATTENTION.
I WAS WHOLE AND GRAIN IN THERE THE LAST COUPLE OF YEARS.
CAN HE JUST STORE GRAIN IN THE TANKS, HIS OWN GRAIN IN THE TANKS THAT ARE TOO CLOSE, AND USE THE TANKS THAT ARE FAR ENOUGH AWAY THAT MEET THE SETBACK REQUIREMENTS FOR THE PURCHASE GRAIN? WE DON'T HAVE ANY WAY OF ENFORCING THAT.
BECAUSE IT'S IT'S WE HAVE NO CLUE.
OKAY. SO THEN THE ANSWER IS NO.
OKAY. CORRECT. RIGHT. I MEAN, I GUESS THE ONLY OTHER THING WHILE I'M UP HERE JUST TO COMMENT ON TRUCK TRAFFIC, IF YOU WERE TRYING TO ASK A NUMBER, I WAS DOING THE MATH ONE DAY. IT'S PROBABLY 90 TO 100 TRUCKS A DAY THAT ARE GOING IN THERE.
THEY'RE HAULING GRAIN, WHICH IN MY MIND IS NOT A LOT.
AT A CERTAIN TIME OF YEAR, YOU'RE GOING TO HAVE THE HEAVY.
IT'S ONLY BECAUSE THEY'RE BRINGING.
YEAH. SO HERE'S HERE'S MY OTHER COMMENT.
IT'S, IT'S IT'S BENEFITING NOT JUST HIM.
IT'S BENEFITING THE AG COMMUNITY.
ABSOLUTELY. THERE'S A LOT OF I PAY A LOT OF TAXES.
THERE'S NOT A WHOLE LOT THAT I GET BACK FOR THAT I ASK FOR MY TAXES.
I DON'T HAVE KIDS IN SCHOOL ANYMORE.
I DON'T EVER GO TO THE LIBRARY.
I HAVEN'T NEED EMERGENCY MANAGEMENT.
THERE'S A WHOLE LOT OF THINGS THAT I DON'T USE.
I WOULD LIKE THE ROADS TO BE PAVED.
SO I DON'T THINK IT'S OUT OF THE QUESTION TO HAVE IN THIS CASE, BECAUSE THERE'S MORE THAN JUST THEM BENEFITED TO HAVE THE COUNTY ROADS UP, UP, MAINTAIN UPDATE THE ROAD SYSTEM IF IT NEEDS TO BE DONE.
I UNDERSTAND THAT THERE'S SOME PEOPLE ARE GOING TO SAY, WELL, IT'S ALL BECAUSE OF THIS OPERATION.
[00:45:02]
IT'S HELPING HIM, BUT IT'S HELPING EVERYBODY ELSE ALSO.SO I'M OKAY WITH MY TAX DOLLARS FIXING THE ROAD, BUT THE COUNTY DOES NEED TO FIX THE ROAD.
YEAH. SO THANK YOU FOR YOUR INPUT.
IS THERE ANYBODY ELSE? THERE'S NOBODY ELSE IN FAVOR.
IS THERE ANYBODY THAT WOULD LIKE TO SPEAK OUT IN OPPOSITION? AND CAN I START WITH YOU, IF YOU HAD MORE THAT YOU WANTED TO SHARE? YEAH. OKAY. I'LL LET YOU FINISH.
AND I APOLOGIZE FOR CUTTING YOU OFF.
THAT'S ALL RIGHT. THAT'S ALL RIGHT.
I UNDERSTAND, BUT TRY TO TRY TO GET TO YOUR POINT.
SO TO BECAUSE WE WANT TO KEEP IT TO A MINIMUM OF LIKE THREE MINUTES IF AT ALL POSSIBLE.
WHAT IS THIS ABOUT? BECAUSE WE'VE NOT BEEN INCLUDED ON ANYTHING OKAY.
YOU KNOW, WE NEVER HAD AN OPPORTUNITY TO COMMENT.
BUT IN ONE OF THESE, I JUST ASK ONE POINT OF CLARITY.
DID YOU RECEIVE A NOTICE FROM THE COUNTY ABOUT THE.
I RECEIVED A NOTICE, BUT NOTHING SAYS TOO MUCH IN THE NOTICE ABOUT WHAT IT'S ABOUT OR ANYTHING.
I JUST WANTED TO MAKE SURE THAT YOU DID GET THE NOTICE.
BUT THAT'S THE FIRST NOTICE WE'VE RECEIVED SINCE THE PERMITTING OF THE WELLS.
AND AS LONG AS IT DIDN'T AFFECT MY WELL RIGHT BESIDE HIM, I WAS FINE WITH THAT.
IRRIGATION WITH WATER FROM A WELL.
I THINK IT'S TWO OF SIX WHERE IT STARTS UNDERNEATH A AND IT BREAKS DOWN.
UM, WOULD THIS OPERATION DON'T AFFECT OR HAVE ANY BEARING ON? AND IN THE FOURTH PARAGRAPH IT'S ON EXHIBIT FIVE, PAGE TWO OF SIX.
AND THIS IS THE OPERATION WE'RE TALKING ABOUT TONIGHT IS WHAT YOU STIPULATED THE OPERATION PART.
AND IN THIS PARAGRAPH FOUR, THE OPERATION IS AGRICULTURE OR WHATEVER.
BUT IT SAYS THE PROJECT WILL NOT RESULT IN NOISE, DUST, GLARE, ODORS OR TRAFFIC THAT WILL ADVERSELY AFFECT THE HEALTH, SAFETY, SECURITY AND GENERAL WELFARE OF RESIDENTS, WORKERS OR VISITORS IN THE AREA.
AND. THE GENTLEMAN THAT JUST SPOKE.
YOU KNOW WHAT I MEAN? WE'RE USED TO CARS OR LITTLE NOISE AND THINGS LIKE THAT.
THOSE TRACTOR TRAILERS IN THE MIDDLE OF THE NIGHT AND THE EARLY MORNING, THEY ARE DISRUPTIVE.
AND WE DIDN'T GET A CHANCE TO OFFER THAT OPINION EARLIER.
BUT. I FIND THE DUST, THE NOISE.
IT'S NOT TOO MUCH OLDER TO THE GRAIN PART THAT WE AIN'T GOT TO THE OTHER PART YET.
AND I DO THINK IT HAS A BEARING ON THE ROAD, BECAUSE IT'S NOT ONLY JUST GREEN TRAFFIC, IT'S ALL THIS OTHER TRAFFIC, TOO, NOT JUST IN ONE MONTH. YOU KNOW, I MEAN, THAT'S CONSTANT DURING THE YEAR.
OKAY, WELL, WE HAVE TO DEAL WITH WHAT'S BEFORE US TONIGHT.
SO I HEAR YES, BUT I UNDERSTAND THAT WE'RE REALLY TALKING ABOUT IS THE GREEN TRAFFIC.
IT'S GOING TO BE HIGHLY CONCENTRATED DURING WHEN YOU'RE GETTING THE FIELDS OUT, WHICH IS OCTOBER, NOVEMBER, I WOULD ASSUME THE OTHER STUFF WE CAN PUT ON A TABLE ANOTHER DAY AND WE CAN COMPILE HOW WE FEEL ABOUT IT.
AND I'VE TALKED TO PEOPLE IN YOUR OFFICE TODAY ABOUT DOING THAT, HAVING A MEETING AND LISTENING TO OUR COMPLAINTS AND ORDERING THEM IN CERTAIN STEPS AND AN APPROACH AND STATES, HAVING A MEETING WITH STACY.
OKAY. YOU KNOW, FROM THE COMMUNITY, FARMERS, YOU KNOW, TO VOICE OUR OPINION, BUT WE ARE TOTALLY WE HAVE BEEN SET ASIDE ABOUT ANY COMMENT OUT OF THIS OTHER WHOLE PROCESS, WHETHER WE APPROVE OF THIS OPERATION, WHETHER WE WANT IT IN OUR COMMUNITY, WE NEVER HAD THAT PROCESS PRESENTED TO US.
AND CERTAIN WAY THAT THINGS THERE'S A CERTAIN WAY THAT THINGS ARE DONE.
HE'S EXPANDED. SO THAT'S WHY HE'S BEEN CALLED NOW TO ADDRESS THOSE THINGS.
SO IF WE IF WE AGREE THAT THE USE IS ACCEPTED, THEN THE COMMUNITY DOESN'T HAVE ANY FURTHER SAY.
IT IS WHAT IT IS AND IT'S BASED ON THE FACT THAT IT IS A FARM OPERATION.
SO I JUST WANT YOU TO UNDERSTAND THAT THE OTHER THINGS THAT MR. MULANEY IS TALKING ABOUT WILL BE FURTHER REVIEWED AT ANOTHER POINT IN TIME.
[00:50:01]
SO FOR NOW, WE'RE DEALING WITH JUST THE GREEN PORTION.OKAY. AND ONE OTHER ISSUE THAT I FOUND WITHIN THIS PACKET IS THAT HEARTLAND HOLDINGS AND THIS ADDRESS THAT'S ON THIS APPLICATION.
HEARTLAND HOLDINGS IS A PENNSYLVANIA OPERATION, NOT A MARYLAND OPERATION.
IS INCORRECT AND THE EVEN THE 176 PUGHSVILLE ROAD.
PART OF THAT AND THE ZIP CODE AND THE QUARRYVILLE ALL THAT IS CORRECT.
BUT THAT'S A PENNSYLVANIA LOCATION, NOT MARYLAND.
WELL, THAT'S WHERE HIS COMPANY IS ORIGINATED FROM.
HE DOESN'T HAVE TO BE SYLVANIA, RIGHT? THAT'S WHAT HIS COMPANY IS FROM.
SO HE CAN HE CAN LITERALLY OPERATE FROM ANOTHER.
FROM ANOTHER. IF I COULD JUST ADDRESS THAT, THAT IS A CLERICAL ERROR THAT I'M GUILTY OF.
OKAY. AND ON THE RECORD TONIGHT I WOULD LIKE TO CORRECT IT.
THE QUARRYVILLE MARYLAND ADDRESS FOR THE OWNER IS MEANT TO BE PENNSYLVANIA, NOT MARYLAND.
OH. I'M SORRY. SO THE ADDRESS BELOW THAT IS MY OFFICE.
IT IS. IT IS A CLERICAL ERROR.
OKAY. AS A BUSINESS OPERATION.
WHAT? WE'RE TAYLOR FARMS. THAT'S MIKE AND MIKE'S BUSINESS.
THIS ADDRESS, BUT ITS PENNSYLVANIA ADDRESS I DON'T PAY.
MARYLAND. I DON'T PAY THE GUY NEXT DOOR, I PAY PENNSYLVANIA.
I THINK THIS COMPANY, I DON'T KNOW IF IT DOES.
YOU KNOW. SO I DON'T KNOW THAT THE LEGALITY PART OF THE LICENSES AND THE MARYLAND TAX EXEMPT NUMBERS AND, AND I THINK THEY SHOULD BE ADEQUATE TO WHAT EVERYBODY ELSE HAS TO DO AROUND HERE.
I'M SURE YOU'RE ABSOLUTELY RIGHT.
AND WHATEVER THAT IS, THAT'S BETWEEN HIM AND HIS ATTORNEYS AND HIS ACCOUNTANTS AND WHATEVER.
THAT'S NOT SOMETHING WE I KNOW THAT WAS JUST IN THE PAPERWORK.
NO, I NOTICED THAT YOU YOU CAUGHT AN ERROR.
THAT'S FINE. WE APPRECIATE YOU.
WHO'S NEXT? I'D LIKE TO SPEAK UP ABOUT A LITTLE BIT OF WHAT'S GOING ON.
CAN YOU STATE YOUR NAME? MICHAEL WOODWARD AND I LIVE RIGHT BEHIND US.
WE'VE SEEN THIS HAPPEN FROM THE BEGINNING.
PUTTING UP THE GRAIN BINS AND DOING ALL THE BUILDING, ALL THE CONSTRUCTION.
AND I DON'T UNDERSTAND HOW HE GOT ALL THOSE GRAIN BINS UP WITH NO PERMIT AT ALL.
AND I DON'T UNDERSTAND HOW THAT PROCESS HAS BEEN FAILED AND HOW IT'S NOT WORKED OUT.
I DON'T CARE ABOUT THE GREEN OPERATION.
IT'S FINE. HE CAN DO THAT IF HE WANTS, BUT THE PART OF THE PERMITTING PROCESS, SOMETHING WAS SKIPPED SOMEWHERE, AND SOMETHING WHETHER HE DIDN'T FOLLOW THROUGH OR SOMEBODY ELSE DIDN'T FOLLOW THROUGH.
SOMETHING'S NOT RIGHT WITH THAT PROCESS.
WHAT WAS PERMITTED WAS NOT WHAT WAS CONSTRUCTED.
AND THAT HAPPENS ALL THE TIME, MORE OFTEN THAN YOU WOULD WANT TO KNOW.
I UNDERSTAND THAT IT HAPPENS EVERY DAY, BUT.
HE HE'S DONE THIS WITHOUT APPROVALS WITH NO BUILDING PERMITS.
NOW, THEY HAVE APPLIED FOR BUILDING PERMITS TO RESOLVE THOSE ISSUES.
HE GOT PERMITS FOR THOSE AND THEN CONTINUED TO BUILD WITHOUT PERMITS.
BUT THAT'S THAT'S IN THE PROCESS OF BEING RESOLVED.
BUT THAT THIS IS NOT A UNIQUE SITUATION.
I DON'T KNOW HOW MANY TIMES WE GET PHONE CALLS FROM THE TAX ASSESSMENT OFFICE BECAUSE WE ANY PERMITS THAT WE ISSUE, THEY REQUEST FOR TAX PURPOSES, AND THEY GO OUT AND DO AN ASSESSMENT AND WE DON'T HAVE THAT ONE.
DO YOU GUYS HAVE A PERMIT FOR THAT? NO, WE DO NOT. THEN THEY HAVE TO GO THROUGH THAT PROCESS AND IT'S AFTER THE FACT PERMIT.
[00:55:03]
SO DOUBLE THE FEE.ALL THE REVIEWS HAVE TO GET DONE.
IT'S THE SAME AS IF THEY JUST CAME RIGHT IN TO APPLY AND DO EVERYTHING RIGHT THE FIRST TIME.
SO THEY'RE TRYING TO RESOLVE THAT ISSUE.
AS FAR AS THE TRUCK TRAFFIC COMING IN, YES, IT DOES PICK UP MORE IN THE FALL.
BUT IT'S ALL WINTER LONG, TOO.
I MEAN, THEY'RE HAULING OUT OF THERE EVERY DAY, RIGHT? SO THAT'S TRUCK TRAFFIC.
SO YEAH. AND WE'RE GOING TO ADDRESS THAT.
WE APPRECIATE YOUR COMMENTS AND YOUR FEEDBACK.
SO WITH WHAT MIKE SAYING WITH WHAT MIKE SAYING ABOUT THE TRUCK TRAFFIC.
SO THE TRUCK COMES IN FULLY UNLOADS.
IT LEAVES, BUT ANOTHER TRUCK COMES IN EMPTY AND FILLS UP AND LEAVES.
RIGHT. SO THAT TRUCK IS COMING IN THERE FOUR TIMES FOR THE ONE LOAD TO BRING IT IN TO EVEN EMPTY.
AND HE'S LEAVING. FOR A TIME ON SUNSET AVENUE.
I DON'T KNOW IF YOU'RE FAMILIAR WITH SUNSET.
THIS TRUCK TRAFFIC NEEDS TO BE FIXED.
AND IT'S NOT JUST GRAIN TRUCKS.
I MEAN, IT'S THE TRUCKS HAULING THE POULTRY STUFF IN.
THERE. AND IT'S ALSO THE TRUCKS, THE MILK TRUCKS RUNNING IN AND OUT.
AND THAT'S. THAT'S THAT'S THE SEPARATE ISSUE.
RIGHT? I UNDERSTAND THAT, I UNDERSTAND WE APPRECIATE.
WE APPRECIATE YOUR INPUT THOUGH.
AND, YOU KNOW, IT'S JUST AND MAYBE WE COULD ADDRESS THE JAKE BRAKES ON THE TRUCK SOMETIMES BECAUSE.
YES 3:00 IN THE MORNING IT'S NOT A GOOD IT'S NOT A GOOD THING.
WE'LL DEFINITELY ADDRESS THAT.
SO JUST IF I COULD RESPOND JUST REAL QUICK JUST TO MATT'S POINT, YOU KNOW, I THINK THE PREVIOUS I THINK THIS RED BARN, THE PREVIOUS FIRM THAT MET WITH THE COUNTY, YOU KNOW, AS BRANDON MENTIONED EARLIER AS WELL, THAT WAS THAT THAT IS AN ENGINEERING COMPANY OUT OF THE STATE OF PENNSYLVANIA, RIGHT? CORRECT. YES.
I'M NOT FAMILIAR WITH THEM AT ALL.
RIGHT. YES. SO THAT AGAIN, SO LIKE BRANDON SAID EARLIER, THAT WAS ALL NEWS TO ME.
WHAT THE FACT THAT THEY CAME AND MET AND YOU KNOW, I THINK.
THE MISCONCEPTION IS THAT BEN WAS AWARE OF ALL THIS.
I CAN TELL YOU NOW, HE WAS ADAMANT TO ME THAT HE WAS UNAWARE THEN THAT RED BARN AND I DON'T EVEN KNOW THE NAME OF THE FIRM AT THE TIME, BUT HE SAID HE HIRED THIS FIRM TO GET THE PERMITS.
THEY WENT THROUGH THE NRC PROCESS, GOT PERMITS THROUGH THEM, AND IT'S NOT COMMON IN HIS OTHER AREAS WHERE HE OWNS PROPERTY, THAT YOU HAVE TO GET PERMITS FROM THE COUNTY, YOU GET NRC PERMITS, AND THAT'S ALL YOU HAVE TO DO.
RIGHT. SO AGAIN, AS BRENDAN MENTIONED, WE WERE SURPRISED BY THE NOTE THAT MATT JUST MENTIONED THAT BECAUSE BEN WAS VERY ADAMANT ALL ALONG THAT, HEY, WE HAVE PERMITS FOR ALL THESE GRAIN SILOS THROUGH NRCS, BUT OBVIOUSLY NOT THROUGH THE COUNTY.
RIGHT. WELL, THAT'S NATURAL RESOURCE CONSERVATION.
CONSERVATION, SOIL CONSERVATION.
IF IT. WAS THE EXACT SAME THING THAT WE ISSUED AN APPROVAL FOR.
I DON'T KNOW, RIGHT? YEAH. THERE'S BEEN VARYING DEGREES OF DEVELOPMENT REVIEW FROM THE SOIL CONSERVATION DISTRICT.
IT'S OKAY. THEY STARTED A PROCESS WITH THEM BEFORE THEY EVER STARTED ANY PROCESS WITH US.
SO THERE IS ONLY GOOD FOR A YEAR UNTIL IT'S CLOSED OUT.
WHAT DO YOU MEAN? THE PERMIT IS ONLY GOOD FOR ONE YEAR IF YOU APPLY FOR A PERMIT TODAY.
AS OF TODAY, THAT PERMIT IS GOOD.
NO GOOD. AND YOU HAVE TO REAPPLY FOR ANOTHER ONE UNLESS IT'S CLOSED OUT.
UNLESS YOU BUILD THE STRUCTURE.
UNLESS YOU. RIGHT. RIGHT, RIGHT. BUT IF YOU DON'T DO ANYTHING, THEN IT WOULD.
IT WOULD TERMINATE. YOU'D HAVE TO REDO IT.
YOU HAVE TO REDO. SO HIM SAYING HE THOUGHT HE HAD PERMANENCE IS NOT SO.
IS THEY'RE ONLY GOOD FOR A YEAR.
AND THE STRUCTURES WERE BUILT.
HE THOUGHT THAT THE STRUCTURES WERE BUILT THREE YEARS AGO.
PARENTS ARE DEAD. THE STRUCTURES ARE THERE, THOUGH.
SO AND MY CONCEPTION, WHICH I'M, I'M I MAY NOT BE ALLOWED TO SAY THIS, BUT I THINK HE BUILT THIS FACILITY TO BE COMMERCIAL TO START OFF WITH. WELL, IT'S STILL AGRICULTURAL.
IT'S JUST A IT'S A COMMERCIAL, SIR.
AND WHEN IT TURNS TO COMMERCIAL, AGRICULTURE KIND OF ROLLS OUT OF THE WAY.
THE USDA'S AGRICULTURAL PROCESSING.
IT'S A IT'S I MEAN, RESPECTFULLY, BUT I UNDERSTAND THAT.
BUT AGRICULTURE IS HERE AND COMMERCIAL IS HERE.
SO WHEN YOU START BUYING, IT GOES HERE.
[01:00:01]
THIS USE IN PARTICULAR IS ACTUALLY IN OUR TABLE OF USES IS AN INDUSTRIAL USE.SO YEAH, THERE'S A THERE'S A FINE LINE BETWEEN SOMEBODY THAT'S HARVESTING THEIR OWN GRAIN AND STORING IT ON SITE, AND THEN SOMEONE WHO'S IN OPERATION AT A SCALE AT THIS NATURE. BUT YOU'RE ALSO NOT APPROVING A MANUFACTURING PLANT IN THE RURAL ZONING DISTRICT EITHER.
SO MAYBE IN THE INDUSTRIAL CLASSIFICATION HEADING, BUT THEY USE AGRICULTURAL PROCESSING, RIGHT? SO IT'S A QUASI AGRICULTURAL OPERATION.
RIGHT? MATT, DO YOU HAVE DO YOU STILL HAVE WHAT THEY APPLIED FOR 2019? I DO, I HAVE I HAVE HARD COPIES, I DON'T HAVE DIGITAL.
I NEVER RECEIVED DIGITAL FOR THE ORIGINAL SUBMITTAL.
ONCE, ONCE THE TIMELINE CAME OUT, WHEN THEY REVISED IT TO WHAT WE REVIEWED AND APPROVED AS PART OF THE BUILDING PERMIT, I HAD DIGITAL FOR THAT, BUT YES, I STILL HAVE THE HARD COPIES. THE SITE PLAN APPLICATION.
DOES IT LOOK LIKE WHAT THEY'VE.
WHAT THEY'VE ERECTED NOW IS THE SAME.
IT'S SIMILAR. IT'S VERY SIMILAR IN SIZE AND SCOPE.
SO JUST TO CLARIFY WHAT MR. PARKES WAS SAYING, JUST SO I CAN UNDERSTAND WHAT YOU WERE SAYING.
SO YOU'RE SAYING, BECAUSE I DON'T HAVE ANY IDEA OF WHETHER THEY BUILT 1 OR 2 OR THREE OR WHEN THE TIMELINE WAS FOR THEM BEING CONSTRUCTED, SO WERE YOU SAYING THEY BUILT ONE AT ONE POINT IN TIME AND THEN SEVERAL YEARS LATER, BUILT MORE? THEY TOOK DOWN GREENSBURG'S SUPPLY IN TOWN OF GREENSBORO AND MOVED IT.
I THOUGHT IT WAS PRETTY COOL. SO BECAUSE THAT FACILITY WAS.
THAT FACILITY WASN'T BEING USED.
SO YOU BOUGHT THE FACILITY FROM MOUNT AIR? I DON'T KNOW. I KIND OF KNOW SOME OF IT.
AND I'M ASSUMING THAT'S WHAT MATT HAS THE PAPERWORK FOR.
AND HE DOWNSIZED BECAUSE I THINK THERE WAS ONLY JIMMY, YOU KNOW, WHAT WAS THERE FOR TANKS AT GREENSBORO SUPPLY? THREE TANKS. I DON'T REMEMBER IF WE CAN LOOK ON GOOGLE EARTH AND I CAN FIND THERE WASN'T VERY MANY.
AND THEN THE NEXT THING YOU KNOW, WE STARTED BUYING SOME GREEN.
WELL. THIS IS A QUESTION FOR OUR ATTORNEY.
I HAVE ONE FOR YOU. SO WHAT? KEVIN? YOU GOT TO TALKING ABOUT THE OTHER 30.
THIRD DUMBER. I WAS TALKING TO YOU.
I MEAN, THIS IS MY QUESTION FOR YOU.
BUT IS IT AGRICULTURE? IF HE'S TRUCKING IN OTHER PEOPLE'S STUFF AND SELLING IT, IS IT? WELL, THIS IS SORT OF WHAT MATT WAS GOING TO THE.
OR MAYBE YOU SAID IT WAS KIND OF A QUASI USE OF LAND.
IT IS. I'M LOOKING AT THE TABLE.
CORRECT. SO A SPECIAL EXCEPTION A SPECIAL EXCEPTION NOT PERMITTED BY RIGHT.
DO YOU WANT TO? LOOKING CLOSE TO GET SOME LEGAL ADVICE ON THE ACTUAL ZONING.
FOR A FEW MINUTES. GO OVER THAT.
WOULD THAT HELP? SO MY QUESTION IS TO ME, WELL, MAYBE MAYBE.
OKAY, THERE'S A LOT OF CONFUSION HERE.
SO YOU'RE ASKING ABOUT A USE OR A ZONE? I MEAN, IF SOMEBODY IS HAULING IN GREEN AND IT'S NOT HIS AND HE'S TURNING AROUND AND SELLING IT, THAT'S WHY THEY'RE HERE.
CORRECT. TO GET THE SPECIAL USE EXCEPTION PERMITTED.
RIGHT. BECAUSE IT'S, IT'S IT'S A PART OF PERMITTED.
[01:05:02]
IT'S PERMITTED UNDER SPECIAL USE.BUT NOW, BECAUSE HE'S OPENING IT UP TO OTHER THINGS, HE'S ASKING FOR THE APPROVAL FROM US.
YEAH. OKAY. SO THE THE DEFINITION AS DEFINED IN CODE IS A FACILITY THAT INVOLVES THE OPERATIONS OF PROCESSING, PREPARING OR PACKAGING AGRICULTURAL OR FISHERY PRODUCTS.
SO WHEN YOU HAVE AN OPERATION THAT A TYPICAL FARMING OPERATION THAT IS GROWING GRAINS AND HARVESTING AND STORING THEM ON SITE FOR THEIR OWN PERSONAL USE, IT'S A PERMITTED USE.
IT'S A IT'S A IT'S JUST IT'S IT'S AN ACCESSORY TO AGRICULTURAL PRODUCTION.
WHEN YOU START TAKING IN HARVESTED GRAINS FROM OFF SITE FOR FARMS THAT YOU DON'T OWN OR OPERATE.
AND YOU'RE STORING THEM ON SITE.
THEN YOU BECOME AT THAT POINT AN AGRICULTURAL PRODUCTS PROCESSING PLANT.
AND THAT'S WHAT HE'S ASKING BY DEFINITION.
SO HE'S ASKING FOR THAT IN THE SPECIAL USE.
THAT'S WHAT WE'RE HERE TO DEBATE.
SO IT'S IT'S A IT'S AN ALLOWABLE USE WITHIN THE RURAL ZONING DISTRICT, SUBJECT TO A SITE PLAN APPROVAL AND A SPECIAL USE EXCEPTION, SO ON EXHIBIT. SIX WATTS.
WHICH GRAIN TAX WAS HE APPROVED BY BUILDING PERMIT TO ACTUALLY BUILD? WHAT IS CONSTRUCTED IS DIFFERENT FROM WHAT WAS REVIEWED AND APPROVED.
SUBMITTED. WHAT WAS SUBMITTED NOW? YES. YES. THAT'S WHAT'S ON SITE.
THAT'S EXACTLY LOCATED, RIGHT? YES. SO WHAT'S SO WHAT YOU'RE SHOWING NOW IS WHAT'S ACTUALLY THERE.
THIS IS JUST ONE STEP IN THE PROCESS OF CLEANING UP EVERYTHING THAT HAS BEEN RAISED TONIGHT.
ALL THE USES, ALL THE THE BUILDING PERMITS, ALL THE THE SEPTIC PERMIT FOR THE FOR THE TENANT HOUSE.
RIGHT. ALL OF THAT IS, IS STILL BEING PROCESSED.
WE'VE SUBMITTED ALL THE PERMIT APPLICATIONS TO GET IT CLEANED UP.
OKAY. WAS THE POST HAD EVEN BUILT IN THE RIGHT SPOT.
SOMEONE HAD A QUESTION, PLEASE.
JUST SO THAT WE'VE GOT YOU ON THE MIC, I THINK IT MAKES MORE SENSE.
JAMES LEWIS AGAIN. SO? SO WE SHOULD HAVE BEEN SITTING HERE THREE YEARS AGO.
THE FARMERS AREN'T USING THE JAKE BRAKE.
THEY'RE NOT GOING THROUGH TOWN FOR THE MOST PART.
SO. SO YOU WOULD I'M ASSUMING YOU WOULD SAY THE CERTAIN HOURS OF OPERATION.
WILL FARMERS ACTUALLY LIKE BEING ABLE TO HAUL GRAIN INTO THIS PLACE 24 HOURS A DAY? BUT THE FARMERS AREN'T THE PROBLEM.
IT'S SOME OF THE NON-LOCAL TRUCK DRIVERS ARE HAULING GRAIN OUT OF THERE.
THEY CAN'T TAKE BREAKS. THEY CAN'T GO THROUGH THE TOWN OF GREENSBORO.
YES. TO JUST GET BEYOND, TO MOVE ON, TO TRY TO SOLVE THIS PROBLEM.
YES. WE'RE NOT GOING TO MAKE THEM TAKE DOWN TANKS.
I WOULDN'T THINK PEOPLE LIKE THE TANKS.
THE FARMERS LIKE THEM BEING THERE.
THEY LIKE THE COMPANY, BUT THE FARMERS AREN'T THE ONES THAT ARE THAT ARE CAUSING THE PROBLEM HERE.
SO JUST HOW DO YOU ADDRESS SOLVING, YOU KNOW, TO GET BEYOND THIS? HOW DO YOU ADDRESS THAT? THAT BEING SAID, I DO WANT TO COME BACK.
YOU KNOW, I WANT TO MAKE SURE THERE'S ANOTHER NOTICE.
SO WHEN WE CAN TALK ABOUT THE LAGOON, THE PRODUCT IS BEING HAULED IN THERE.
THAT DIDN'T COME OFF OF MY FARM.
RIGHT. YOU KNOW, THAT'S THAT'S THE STUFF THAT WE NEED TO COME BACK AND TALK TO YOU.
BUT AS FAR AS THE GRAIN OPERATIONS GO, YOU KNOW, PUT A SIGN UP.
FARMERS, PLEASE DON'T USE JAKE BREAKS.
BE COURTEOUS TO THE NEIGHBORS THAT ARE THERE.
RIGHT? I REALLY THINK MOST OF THEM ARE.
ANYWAY, I DON'T THINK IT'S THE LOCAL FARMERS THAT ARE CAUSING THEM PROBLEMS. BUT ANYWAY, I JUST WAS GIVEN THAT COMMENT TO TRY TO SOLVE THIS PROBLEM, TO MOVE ON.
APPRECIATE THAT. AND I ASSUME THERE ARE OTHERS THAT STILL NEED TO SPEAK.
[01:10:08]
I'M JOHN SADOFF, 11830 RIDGELY ROAD.AND IN GENERAL, I THINK WE LIKE THE OPTION OF HAVING ANOTHER GRAIN FACILITY, BUT.
I GUESS A COUPLE OF QUESTIONS ABOUT WHAT MATT SAID.
CAN YOU GO AGAIN AND MENTION THE THINGS THAT WERE ORIGINALLY PERMITTED? YOU SET OFF ONE TANK.
THERE WAS A WET BIN, A DRY BIN.
IT WAS THE THE POLE BUILDING THAT'S THERE THAT'S USED FOR STRAW STORAGE.
THE OFFICE TRAILER AND THE SCALE.
THIS GUY DIDN'T OWN 1500 ACRES.
HE OWNED ONE FARM. AND THAT ONE BIN WAS ABLE TO ACCOMMODATE THAT FARM.
SO YOU'RE SAYING THAT HE ORIGINALLY ASKED FOR COMMERCIAL OPERATION? THAT WAS GOING TO TAKE TOO LONG, SO HE JUST GOT IT BACK TO HIS OWN USE? CORRECT. OKAY.
WELL THANK YOU. EVERYBODY KNOWS INITIALLY HIS HIS PLAN ALL ALONG WAS TO GO COMMERCIAL.
HE JUST GOT WHERE HE WANTED TO BE BY SAYING IT WAS ON HIS OWN.
AND HOW I KNOW THAT TO GET UP WHAT HE HAD AT THE TIME.
I KNOW HIS INTENTION IN THE BEGINNING WAS FOR IT TO BE COMMERCIAL.
AND, YOU KNOW, NOBODY HAS A SCALE OR A SCALE HOUSE.
SO THAT WAS CLEAR EVIDENCE, IN MY OPINION, OF HIS ORIGINAL INTENTION.
HE JUST GOT THERE. HOW HOWEVER HE, HOWEVER HE NEEDED TO BE.
I'M NOT REALLY CONCERNED ABOUT 457 VERSUS 500FT.
OKAY. I'M NOT REALLY WORRIED ABOUT THAT.
I GUESS I WOULD TRY TO BE REDUNDANT, BUT WOULD YOU HAVE ADDRESSED IF WE'D BEEN HERE THREE YEARS AGO, THE TRAFFIC ABOUT WHAT HE COULD DO TO IMPROVE THE ROAD? WELL, I'M SURE WE'RE GOING TO GET TO THAT.
WE'RE GOING TO GET TO THAT BEFORE WE BEFORE WE CLOSE OUT TONIGHT, WE'RE GOING TO TALK ABOUT THINGS WE THINK ARE IMPORTANT FOR THE COMMUNITY AT LARGE, WHICH INVOLVES THE ROAD, FOR SURE. YOU NEED TO ADDRESS THE THE LAGOON.
THAT'S A WHOLE NOTHER SET OF ENVIRONMENTAL.
AND YEP, AGAIN, TOTALLY DIFFERENT NIGHT NUISANCE AND NEGATIVES AND ALL THAT.
I MEAN, A GRAIN STORAGE FACILITY IS REASONABLY, YOU KNOW, BENIGN.
IT'S NOT REALLY HURTING ANYBODY OTHER THAN THE TRAFFIC.
RIGHT. AND YOU CAN JUST ADDRESS THE CONDITION OF THE ROAD.
ABSOLUTELY I AGREE, I AGREE WITH HIM.
THAT ROAD HAS BEEN ONE OF THE ROUGHEST ROADS IN THE COUNTY FOR MANY, MANY YEARS.
RIGHT. AND SO THAT IF YOU COULD ADDRESS THAT ROAD THAT WOULD ALLEVIATE THIS.
BUT RIGHT NOW WE'VE GOT ANOTHER.
PERSON WITH A LOT OF MONEY WHO CAME IN HERE FROM FAR AWAY AND IS DOING THINGS WITHOUT ALL THEIR PERMITS, AND THEY'RE CONTINUING TO DO THEIR OPERATE WITHOUT PERMITS. AND I KNOW IT'S IRRELEVANT TO THIS, BUT THAT'S WHAT THOSE OF US WHO HAVE BEEN HERE FOR GENERATIONS, AND EVERY TIME WE WANT TO DO SOMETHING, WE COME IN YOUR OFFICE AND WE APPLY FOR A PERMIT, AND WE DO WHAT WE'RE SUPPOSED TO DO.
AND THESE PEOPLE WHO ARE THE ATTORNEYS, AND THEY GET TO JUST KIND OF DO WHATEVER THEY WANT.
AND JUST BECAUSE THEY GOT AN ATTORNEY AND THEY'RE NOT FROM HERE, THEY JUST KIND OF ROLL ON.
EVERYTHING'S JUST JUST HOWEVER THEY WANT IT TO BE.
AND THOSE OF US DOWN HERE IN THE TRENCHES HAVE BEEN HERE ALL THIS TIME.
YOU KNOW, WE'RE WE'RE BOUND BY THE LAW AND.
WE APPRECIATE THE FACT THAT YOU TRY TO GO ABOUT THINGS THE RIGHT WAY.
SO YOU NEED TO BE CAREFUL. THE PRECEDENT YOU'RE SETTING HERE IN CAROLINE COUNTY, THAT'S THE WAY IT'S GOING TO BE, THAT ALL YOU GOT TO HAVE IS A LAWYER AND SOME MONEY, AND YOU CAN COME IN HERE AND DO WHAT YOU WANT.
IT'S JUST NOT I DON'T THINK HOW WE WANT THIS COUNTY TO BE.
WELL, NO, I THINK YOU NEED NO, I'M NOT SAYING MAKING MOVE HAS BEEN OR WHATEVER, BUT, YOU KNOW, YOU NEED TO ADDRESS WHAT YOU WOULD HAVE THREE YEARS AGO, WHICH IS MAINLY TRAFFIC IN MY OPINION.
HERE'S THE PROBLEM I HAVE WITH THE SETBACK.
IF WE APPROVED IT, THEN SOMEBODY WOULD COME IN AND BUILD A GRAIN BIN.
RIGHT. AND THEN THEY PLAY STUPID.
RIGHT. AND THEN THEY WOULD HAVE TO GET APPROVED.
AND THEN IT JUST GOES ON AND ON.
YEAH. I'M GOING TO LEAVE THAT TO YOU.
WHETHER YOU THINK IT'S IMPORTANT ENOUGH FOR HIM TO MOVE THAT BIN.
THAT'S WHY HE'S GOT A LAWYER AS WE LEARNED THAT FROM THE OTHER GUY.
IT DOESN'T MATTER WHAT ANYBODY THINKS.
ALL THAT MATTERS IS WHAT THE LAW IS, AND THE LAW IS NOT THE WAY.
YOU KNOW, WE LIKE IT OFTEN, BUT WE APPRECIATE YOUR FEEDBACK.
YEAH, BUT THAT'S WHERE I'M AT.
I MEAN, IN GENERAL, WHAT HE'S TRYING TO DO IS, IS A GOOD THING.
[01:15:08]
HE'S FROM PENNSYLVANIA, RIGHT? IT WAS LEGAL THERE AND IT'S NOT HERE.IT DOESN'T MAKE YOU STILL NEED TO MAKE YOURSELF AWARE I GET IT.
MR. SAATHOFF, DO YOU DO YOU MIND IF I ASK YOU JUST ONE QUESTION? YOU'RE FAMILIAR WITH THE AREA, CORRECT WHERE THIS PROPERTY IS LOCATED AND THE ROADWAYS SOMEWHAT ADJACENT TO IT.
I THINK I JUST HEARD YOU SAY THAT THE ROADS HAVE BEEN BAD FOR YEARS AND YEARS.
IS THAT. WELL, IN GENERAL, THIS THIS COUNTY HAS STRUGGLED TO KEEP ITS ROADS IN GOOD WORKING.
THEY WEREN'T NECESSARILY BUILT PERFECTLY TO BEGIN WITH.
IN A LOT OF CASES, IF HE'D COME IN HERE AND HE AND THE COUNTY HAD KNOWN THAT YOU WERE GOING TO HAVE AN ADDED, YOU KNOW, HUNDREDS AND NOW THOUSANDS OF TRUCKS ON THAT ALREADY BAD ROAD IN A YEAR THAT WOULD HAVE BEEN TAKEN INTO CONSIDERATION.
UNDERSTOOD? YEAH, THAT'S ALL I'M SAYING.
I GUESS FOREVER HOLD MY PEACE.
THERE YOU GO. WE APPRECIATE YOU.
I LIVE AT 13264 RIVER ROAD FOR 40 YEARS.
THIS GENTLEMAN. I STILL, I KNOW HIS NAME.
FIRST NAME IS BEN. DON'T KNOW HIS LAST NAME TO PRONOUNCE IT CORRECTLY.
HE OWNS A FARM DIRECTLY NEXT TO US.
AND, YOU KNOW, UP UNTIL TONIGHT, I DIDN'T REALLY OPPOSE OR I'M STILL NOT REALLY OPPOSED TO IT.
I AM, EXCUSE ME, IN SOMEWHAT RELATED TO THE CONSTRUCTION BUSINESS, AND I UNDERSTAND THE PERMITTING PROCESS IS ARDUOUS, BUT YOU HIRE PEOPLE LIKE ELAINE ENGINEERING AND A LEGAL FIRM WHO FAMILIAR WITH BOTH THESE FIRMS TO TELL YOU WHAT TO DO.
AND AND EVEN THEN, IT'S ARDUOUS.
I THOUGHT IT WAS REALLY COOL THAT WE HAD A GRANARY IN THE AREA AND NO BIG DEAL.
I HAVE DRIVEN TRUCKS IN THE AGRICULTURAL INDUSTRY FOR SIDE MONEY AND ALL THAT.
BUT AS I SIT HERE AND LISTEN TO MIKE AND SWELL IN THE NIGHT, AND I'M SITTING ON THE EDGE OF A FARM THAT THIS GENTLEMAN OWNS, AND I'M THINKING, WHAT'S TO STOP HIM FROM GOING UP AND TELLING THE COUNTY HE'S GOING TO DO ONE THING AND DOING SOMETHING ELSE? AND THAT'S WHAT CONCERNS ME.
SO I'M JUST SAYING I FIND IT HARD TO BELIEVE A MAN WITH ENOUGH WHEREWITHAL TO BUY ALL THESE FARMS, PUT THESE GRAIN TANKS UP, WOULDN'T HAVE UNDERSTOOD THAT THERE WAS A PERMITTING PROCESS INVOLVED TO BUILD WHAT HE WANTED TO BUILD AND TO HAVE TO ADHERE TO A SITE PLAN.
EVERYBODY'S BREATHING DOWN YOUR NECK.
IF YOU DO NOT BUILD IT ACCORDING TO THE SITE PLAN, IT'S NOT NEGOTIABLE.
IF YOU WANT TO CHANGE ONE THING ON A SITE PLAN, YOU HAVE TO GO BACK THROUGH THE PROCESS AGAIN.
THAT'S ALL I WANT TO SAY. THANK YOU.
WHO'S NEXT? THE MORE SPEAKERS THAT WANT TO HAVE SOME SAY, PLEASE FEEL FREE.
UNLESS MOST OF WHAT'S BEEN COVERED IS WHAT YOU WERE GOING TO SPEAK ABOUT AS WELL.
I LIVE AT I LIVE AT 24519 DUKES ROAD.
IT'S RIGHT AT THE INTERSECTION OF RIVER ROAD.
I'D BE MORE CONCERNED ABOUT THE NEXT, I GUESS, THE NEXT HEARING ABOUT THE MANURE PIT AND THE USE OF THAT KIND OF JUST TO TOUCH ON EVERYTHING THAT EVERYBODY'S ALREADY SAID. YOU KNOW, IF YOU'RE GOING TO IF YOU'RE GOING TO OKAY IT I MEAN, 47 FOOT OR 43, 50 FOOT, I DON'T THINK IT'S GOING TO MAKE TOO MUCH OF A DIFFERENCE WHETHER YOU APPROVE HIM TO BE ABLE TO DO WHAT HE'S DOING.
IT'S OBVIOUSLY HELPING LOCAL FARMERS STORE THEIR GRAIN.
BUT I FEEL LIKE YOU'RE GOING TO OPEN PANDORA'S BOX.
WHERE DOES IT STOP? YOU KNOW, WITH THE GRAIN, WITH THE GRAIN AND THE TANKS.
HOW BIG IS IT GOING TO GET? HOW MANY TRUCKS ARE GOING TO START COMING? RIGHT. AND THEN THE MANURE PIT, WHAT'S WHAT ARE THEY BRINGING IN? BECAUSE I'VE HEARD THE CHICKENS, THE CHICKEN PARTS FROM, FROM OTHER PLACES THAT ARE OFF SITE.
AND THAT'S THE BIGGEST CONCERN THAT I HAVE FOR MY FAMILY AND KIDS.
BEING SO CLOSE IS HAVING TO DEAL WITH THAT SMELL CONSTANTLY ALL YEAR ROUND OR OR MOST OF THE YEAR.
YOU KNOW, THEY USE FERTILIZER CERTAIN TIMES A YEAR.
IT STINKS FOR A WEEK. YOU GET OVER IT.
IT'S, YOU KNOW, BUT I JUST I FEEL LIKE IT'S A PANDORA'S BOX, LIKE, WHERE WILL IT STOP, YOU KNOW, IF YOU OKAY THIS AND YOU TELL THEM IT'S OKAY TO DO THIS, HOW FAR IS IT GOING TO GET? SO I THINK IF WE COULD JUST BE NOTIFIED THE NEXT TIME, YOU KNOW, I DON'T KNOW WHAT'S GOING TO HAPPEN HERE TONIGHT AFTER WE ALL SPEAK, BUT DEFINITELY
[01:20:09]
BE MORE KEPT, KEPT UP WITH, WITH NEXT STEPS.FOR THOSE USES THAT REQUIRE A SPECIAL USE EXCEPTION.
SO ANY USE THAT IS PERMITTED BY RIGHT WOULD NOT INVOLVE WOULD NOT INVOLVE PUBLIC.
YEAH. AND LIKE I SAID, YOU KNOW, ALL THE THINGS THAT JAKE BRINGS.
YEAH, WE'VE HEARD IT HERE AND THERE.
I MEAN, YOU KNOW, WE DON'T LIVE RIGHT, YOU KNOW, RIGHT, RIGHT NEXT TO IT.
HE'S THE NEXT NEIGHBOR TO US WHERE, YOU KNOW, IT IS ONE TRUCK HERE ALL THE TIME.
I THINK THAT'S A LITTLE CRAZY.
SOMETHING I'D LIKE TO HEAR MORE ABOUT.
IS THAT MANURE? PUT SOMETHING THAT YOU WILL HAVE TO GET A SPECIAL USE FOR, YOU KNOW, OR.
ABOUT WHAT? MRS WITH THE CURRENT OPERATIONS THAT.
CORRECT. THAT'S CORRECT. SO AT THE END OF THE DAY, WE'RE GOING TO ADDRESS WHAT WE CAN TONIGHT.
AND THEN THERE'S GOING TO BE A DETERMINATION MADE IN THE FUTURE ABOUT THE REST OF IT OKAY.
OBVIOUSLY IT'S NOT UP TO US UNTIL WE IT FALLS INTO OUR LAP OR IT DOESN'T.
SO BUT I DO APPRECIATE YOUR INPUT.
I APPRECIATE YOUR TIME. THANK YOU. OKAY.
YEAH. UM, YOU SAID YOU LIVE A MILE AND A HALF FROM THE PROPERTY.
WHICH DIRECTION? IT'S ABOUT A MILE AND A HALF NORTH OR SOUTH ON.
WHAT IS YOUR EXPERIENCE WITH THE THE IMPACTS OF THE USE ON THIS PROPERTY SPECIFICALLY? DO YOU HAVE THERE BEEN ODORS THAT YOU'VE BEEN AWARE OF OR.
I'VE NOT SMELL? I MEAN, SPRINGTIME, WE'VE SMELLED MANURE, BUT AGAIN, JUST KIND OF REGULAR AGRICULTURAL USE, RIGHT? REALITIES. I JUST JUST FOR THE RECORD, RIGHT.
THIS USE THE DAF WITH THE, WITH THE CHICKEN EFFLUENT.
AND AGAIN, THIS ISN'T BEFORE YOU TONIGHT.
RIGHT. BUT THAT'S BEEN OPERATING ON THIS PROPERTY SINCE THE CURRENT OWNER BOUGHT IT IN 2019.
SO EVEN EVEN IF IT IS AT SOME POINT PERMITTED FOR THAT USE, WHETHER THROUGH THE SPECIAL USE EXCEPTION OR OTHERWISE, IT'S ALREADY BEEN THERE FOR FOR 3 OR 4 YEARS, 3 OR 4 GROWING SEASONS, AND HAS BEEN APPLIED TO THE GROUND UNTIL ALL THESE ISSUES WERE RAISED.
WELL, YEAH, AND I DON'T KNOW, BUT THE USE BEING ON THE AGRICULTURAL GROUND HAS.
SURE. AND I DON'T KNOW WHAT'S, WHAT'S TRUE.
AND AGAIN, THE MORE THE REASON I'M HERE IS TO LEARN MORE, I'VE HEARD THAT IT'S POSSIBLE HE'D BE BRINGING IN CHICKEN PARTS AND DIFFERENT THINGS FROM DIFFERENT PLANTS, TO WHERE IT WOULD BE A LOT MORE THAN WHAT'S GOING ON.
AND THAT'S THAT'S ONE OF THE PIECES THAT WE'RE WORKING THROUGH WITH THE COUNTY TO SURE.
TO IF IT HAS TO BE USE EXCEPTION OR.
WE'RE WORKING THROUGH THAT NOW.
OKAY. SO I JUST WANT TO ALSO SAY THAT PANDORA'S BOX ASPECT, I THINK THIS IS AN EYE OPENING EXPERIENCE FOR OUR CLIENT, AND WHICH IS WHY HE'S BROUGHT US INTO THIS PROCESS. AND I AS FAR AS WE CAN CONTROL, I'D BE SURPRISED IF ANYTHING HAPPENS WITHOUT GOING THROUGH THE PROPER CHANNELS.
SURE. AS LONG AS WE'RE INVOLVED, I CAN PROMISE YOU IT WILL BE.
WELL, WELL, WE APPRECIATE THAT.
AND I KNOW WE'RE NOT TALKING ABOUT IT TONIGHT, BUT WE HAVE BEEN THIS MANURE PIT.
IT'S NOT A PIT. THERE'S NO MANURE IN IT.
WE LIVE RIGHT BEHIND IT, AND IT STINKS.
AND WE'VE GOT FLIES THAT WE'VE NEVER HAD BEFORE.
OKAY. CAN I INTERRUPT YOU, MIKE? EXCUSE ME. THE ATTORNEY SAID THAT THIS HAS BEEN SINCE HE VOTED IN 2019.
THIS MANURE PIT WAS JUST BUILT LAST SUMMER.
THAT'S CORRECT. I SAID APPLICATION OF THE OF THE DAF.
[01:25:03]
I DON'T THINK HE WAS SPREADING THAT THAT SPREAD.LAST SPRING HE SPREAD IT AND HE SPREAD IT AGAIN THIS FALL ON OUR FEET AND THE FIELD BY OUR HOUSE.
RIGHT. WHICH IS PERMITTED AS AN AGRICULTURAL.
YOU'RE ALLOWED TO APPLY THAT TO AGRICULTURAL GROUND? NO, I DON'T THINK SO, NO.
WELL, WE CAN GET BACK TO THIS.
YEAH. YEAH, THAT'S UNFORTUNATELY THAT'S WE WANT TO KIND OF STEER CLEAR OF THAT UNFORTUNATELY, BECAUSE THAT'S NOT WHAT WE'RE TRYING TO DEBATE ABOUT IS I DIDN'T GET TO ASK OKAY, OKAY. DOES HE HAVE A PERMIT FOR THAT PIT? IS IT PERMANENT? DOES HE HAVE WE DON'T KNOW WHAT WE DON'T KNOW YET WHETHER IT IS A PERMITTED REQUIRED OR NOT.
THAT'S WHAT THE COUNTY IS TRYING TO WORK ON WITH MR. MOLINA BEHIND MY HOUSE IF I WANT TO, I DON'T KNOW, AND I WOULDN'T RECOMMEND IT UNLESS YOU WANT TO END UP HERE WITH THE SAME PROBLEM.
WE'RE NOT. WE'RE NOT HERE TO TO BEAT THE GUY UP.
HE'S NOT HERE EVEN TO DEFEND HIMSELF.
SO WE HEAR YOU, WE UNDERSTAND WHAT YOU'RE SAYING AND WE GET IT.
BUT BECAUSE WE DIDN'T HAVE A PERMIT FOR NOTHING ELSE, I WAS JUST WONDERING ABOUT THAT I GOT YOU.
I DON'T KNOW, THE THE PIT'S NOT FORGOTTEN ABOUT.
SO I WOULD I WOULD URGE YOU TO CHECK WITH THE STAFF, SEPARATE FROM TONIGHT'S MEETING IN THE FUTURE, TO ASK THOSE QUESTIONS SO WE CAN MOVE ON. IF IT'S ALMOST 730 NOW.
AND I HAVE ONE MORE STATEMENT, A SMALL STATEMENT.
I PAY A LOT OF TAXES AND MY PROPERTY IS MOVING UP IN VALUE.
NOBODY'S GOING TO WANT MY PROPERTY WITH ALL THIS ODOR, INSTINCT AND FLIES.
AND I HAVE A FLYING PROGRAM IN PLACE BECAUSE I HAVE HORSES.
I DON'T WANT IT IN THEIR EYES, I DON'T WANT IT IN THEIR NOSE.
AND IT AFFECTS ME FROM THE SOUTH, NOT FROM THE SOUTHWEST, ONLY FROM THE EAST.
BUT THERE'S OTHERS AROUND ME THAT GET THE WIND FROM A DIFFERENT DIRECTION.
I PAY FOR IT. SO THAT'S ANOTHER ISSUE, IS THE PROPERTY.
SO IS THERE ANYBODY ELSE FROM THE AUDIENCE THAT NEEDS TO SPEAK THAT HASN'T HAD A CHANCE YET? BECAUSE I WANT TO GIVE MR. MULANEY A CHANCE TO REDIRECT AND HANDLE SOME OF THESE QUESTIONS.
IS THERE ANYBODY ELSE THAT NEEDS TO SPEAK? OKAY. AND YOU HAVE A QUESTION I DO.
OKAY. HOW DOES THE COUNTY ROADS FEEL ABOUT.
DO YOU KNOW ANYTHING THEY KNOW? LIKE HOW MANY TRUCKS ARE GOING IN AND OUT OF HERE? WE HAVEN'T RECEIVED ANY COMMENTS FROM PUBLIC WORKS RELATED TO THE USE.
THAT'S SOMETHING I'D LIKE TO KNOW.
ON BEHALF OF THE PROPERTY OWNER, HE DID THE MATH EARLIER TODAY.
THE THE ANTICIPATED OR THE THE THE TRAFFIC DURING THE MONTH OF OCTOBER IS AN AVERAGE OF 40 OR LESS TRUCKS A DAY BASED ON THE WEIGHT OF THE OF THE GRAIN THAT HE'S INTAKING THE EXPECTED NUMBER OF TRIPS DURING OTHER TIMES OF THE YEAR, WITH THE EXCEPTION OF.
JUNE WHEN THEY CUT GRAIN WHERE IT MIGHT BE A LITTLE BIT HIGHER THAN THIS IS FIVE OR LESS GRAIN TRUCKS PER DAY, WHICH COMES OUT TO AN AVERAGE OF 7.9 TRUCKS PER DAY COMING TO THE PROPERTY OVER THE COURSE OF A YEAR.
THAT. SO WHAT WE'D LIKE TO PUT ON THE RECORD IS LESS THAN TEN TRUCK TRIPS.
PER DAY OVER THE COURSE OF THE YEAR, UNDERSTANDING THAT AT TIMES DURING THE YEAR IT FLUCTUATES.
NO, SIR. THAT DOESN'T SOUND VERY, VERY MUCH LIKE WHAT WE HEARD FROM THE COMMUNITY.
WHAT? YOU SAID SACHSE THOUSAND 900 PER YEAR.
WELL, EVEN WITH THAT, HE WAS PAYING.
YOUR BUS GOES FOUR TIMES, RIGHT?
[01:30:02]
HE WAS PAYING, BUYING GREEN AND PAYING WHAT? MIGHT FIVE $0.07 MORE A BUSHEL THAN MOUNT AIR? SMALL GREEN.HE BOUGHT EVERYTHING IN THE COUNTY IN THIS AREA ANYWAY.
SO HIM SAY SEVEN TRUCKS A DAY IS BOGUS.
THE REASON HE DIDN'T HAVE THAT MANY TRUCKS IN OCTOBER IS BECAUSE HIS DRYER CAUGHT ON FIRE.
BECAUSE I BELONG TO THE FIRE COMPANY.
AND I WAS OUT THERE THE 2:00 IN THE MORNING PUTTING IT OUT.
SO I KNOW WHY HE WASN'T BUYING GREEN UNTIL HE GOT HIS SMALL DRYER RUNNING.
AND MY RIGHT MIKE. SO THAT SLOWED US HAS SLOWED HIS PRODUCTION DOWN.
HE'S RIGHT. HE MAY NOT HAVE HAD THAT MANY TRUCKS IN OCTOBER, BUT THERE'S A REASON WHY.
I MEAN, I'M JUST SAYING I'M SAYING THAT HE SHOULD HAVE TO FIX THE ROAD ON RIVER ROAD AND ON SUNSET, NOT THE WHOLE ROAD, BUT HE SHOULD HAVE TO GO OUT THERE WHERE THAT TRUCKS COMING ONTO HIS BREAKS AND WHERE HE'S GOING INTO HIGH GEAR BECAUSE HE'S PEELING UP.
UP TO THAT ROAD IS THREE QUARTERS OF AN INCH INCH THICK AT THE MOST.
HE'S GOT TO DO SOMETHING WITH THAT ROAD.
ANYBODY ELSE? THEY SHUT A BUSINESS DOWN RIGHT OUTSIDE OF TOWN HERE THAT WAS TRYING TO COME HERE BECAUSE THEY HAD TO FIX THE ROAD.
IT IS. AND WHAT I WHAT I WOULD OFFER IS A COUPLE OF POINTS AND THEN THE CONCESSION.
WE NEED EVERYBODY IN THE BACKGROUND TO PLEASE KEEP IT DOWN.
AND LET'S CONTINUE WITH THIS, BECAUSE IT'S REALLY HARD TO HEAR MR. MULANEY OVER BACKGROUND NOISE.
THANK YOU. THE TRAFFIC THAT'S COMING TO THIS PROPERTY IS NOT NEW TRAFFIC.
THIS IS GRAIN BEING PRODUCED IN CAROLINE COUNTY THAT IS ALREADY ON CAROLINE COUNTY ROADS.
IT'S JUST COMING TO THIS PROPERTY NOW.
RIGHT. AGREED. SO AS A AS A CONDITION OF APPROVAL TONIGHT, I THINK WHAT I WOULD OFFER IS THAT AS A CONDITION ON THE RECORD AND AS A CONDITION OF YOUR APPROVAL, THE PROPERTY OWNER HAS TO WORK WITH THE ROADS DEPARTMENT TO ENSURE THAT ANY REPAIRS OR IMPACTS THAT ARE DIRECTLY ATTRIBUTABLE TO THIS USE ON THIS PROPERTY ARE DEALT WITH TO THE SATISFACTION OF THE ROADS DEPARTMENT AND PLANNING AND ZONING.
I WOULD DEFINITELY SAY THAT THAT'S WHERE WE WERE HEADING, WITHOUT A DOUBT.
AND JAKE BRAKES SITUATION, I DON'T KNOW.
RESTRICTIONS TO JAKE BREAKS SPECIFICALLY IN CERTAIN HOURS.
BE COMFORTABLE WITH THAT AS WELL.
I MEAN, WITHIN FIVE MILES OF THE SITE, RIGHT? YOU KNOW, TO THE EXTENT THAT THE PROPERTY OWNER CAN ADOPT REGULATIONS AND TELL EVERYBODY DELIVERING AND TAKING AWAY FROM THE SITE THAT NO JAKE BREAKS WILL BE USED WITHIN FIVE MILES.
THAT SEEMS REASONABLE AS WELL.
THAT WOULD BE HELPFUL I THINK.
SO WE CAN MOVE THIS ALONG YOU IF I CAN JUST THROW ONE.
[5. Applicant Summary]
YOU SAID YOU MENTIONED THE HOURS OF OPERATION.I THINK THAT'S I THINK THAT'S FAIR.
YOU'RE LEAVING A CERTAIN TIME OF YEAR OUT AS THE ONE DELIVERY TRUCK.
YOU HAVE CERTAIN TIMES OF YEAR WHERE THE 24 HOUR OPERATION IS A NECESSITY, RIGHT? WE ALL EXPERIENCE THAT LIVING IN THIS RURAL AREA.
YES. AND WE CAN EITHER TALK THROUGH THAT TONIGHT OR WE CAN WORK WITH STAFF.
WHAT I WOULD ASK IS THAT DELIVERIES, AS WE ALL KNOW, WHEN IT'S DRY, IT'S DRY.
RIGHT. SO AS FAR AS CUTTING CROPS AND GETTING THEM DELIVERED, YOU DON'T KNOW.
SO I THINK WE WOULD SOME REASONABLE ACCOMMODATION THERE WOULD BE.
AND THERE'S A MORE IN DEPTH NARRATIVE THAT ADDRESSES EACH OF THEM.
AGAIN, THIS IS SPECIFICALLY FOR THE AGRICULTURAL GRAIN PROCESSING USE.
IT IS CONSISTENT, AS WE'VE HEARD, BOTH FROM THE APPLICANT, ON BEHALF OF THE APPLICANT AND OTHER PEOPLE THAT HAVE TESTIFIED TONIGHT, THAT THE GRAIN OPERATION ON THE PROPERTY IS LARGELY CONSISTENT WITH THE AGRICULTURAL OPERATIONS THROUGHOUT THE COUNTY.
[01:35:04]
THERE WILL BE NO DETRIMENTAL IMPACTS OR ENDANGERMENT TO THE PUBLIC HEALTH, SAFETY OR GENERAL WELFARE.THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PEACEFUL USE AND ENJOYMENT OF OTHER PROPERTIES IN THE NEIGHBORHOOD, AND WILL NOT SUBSTANTIALLY DIMINISH OR IMPAIR PROPERTY VALUES. THE PROPOSED USE IS AN AGRICULTURAL GRAIN OPERATION.
GRAIN IS COMING INTO THE SITE.
IT'S BEING STORED AND THEN IT'S BEING TRUCKED OFF OF THE SITE.
AGAIN, THIS IS THE SAME VOLUME OF GRAIN THAT'S ALREADY BEING PRODUCED.
PEOPLE THAT LIVE IN CAROLINE COUNTY AND IN THE RURAL AREAS OF CAROLINE COUNTY ARE USED TO AND LIVE AROUND AGRICULTURAL USES, SUCH AS THIS GRAIN USE ON THIS PROPERTY. THE PROPOSED USE WILL NOT OVERBURDEN EXISTING PUBLIC FACILITIES, INCLUDING SCHOOLS, POLICE, FIRE PROTECTION, WATER AND SEWERAGE, PUBLIC ROADS, STORM DRAINAGE AND OTHER PUBLIC IMPROVEMENTS.
THE APPLICANT WILL WORK WITH THE ROADS DEPARTMENT AND PLANNING AND ZONING TO ENSURE THAT ANY IMPACTS TO THE ABUTTING OR NEARBY ROADWAYS DIRECTLY ATTRIBUTABLE TO THIS USE ARE MITIGATED.
THERE IS NO IMPACT TO MANY OTHER PUBLIC FACILITIES SUCH AS SCHOOLS, POLICE.
WE'VE HEARD TONIGHT THERE'S SOME REFERENCE TO FIRE PROTECTION, WHICH I WAS UNAWARE OF, BUT NOTHING THAT IS THAT IS IN ORDINARY IN IN OTHER RESIDENTIAL, AGRICULTURAL, INDUSTRIAL OR COMMERCIAL USES THROUGHOUT THE COUNTY.
THE PROPOSED USE CONFORMS IN ALL OTHER RESPECTS TO THE ZONING CHAPTER OF THE CAROLINE COUNTY CODE, AND ESPECIALLY TO THE REGULATIONS OF THE ZONING DISTRICT IN WHICH IT IS LOCATED. THIS USE IS PERMITTED BY SPECIAL USE EXCEPTION IN THE RURAL ZONING DISTRICT.
THAT IS A RELATIVELY MINOR VARIANCE TO THE 500 FOOT SETBACK.
THE USE OTHERWISE COMPLIES WITH ALL THE REQUIREMENTS OF THE CODE.
THE PROPOSED USE WILL NOT ADVERSELY AFFECT THE WATER QUALITY OR IMPACT FISH, WILDLIFE, OR PLANT HABITAT WITHIN THE CRITICAL AREA, AND THE GRANTING OF THE SPECIAL USE EXCEPTION WILL BE IN ACCORDANCE WITH THE CRITICAL AREA PROGRAM FOR CAROLINE COUNTY.
THE PROPERTY IS NOT IN THE CRITICAL AREA.
IT ISN'T ABUTTING THE CRITICAL AREA OR NEARBY.
STRICT APPLICATION OF THE ZONING CHAPTER WILL PRODUCE UNNECESSARY AND UNDUE HARDSHIP.
THESE THESE BINS ARE THERE TODAY.
THEY'RE OPERATING AS A THE GRAIN FACILITY AND NOT HAVING THE VARIANCE WOULD NOT ALLOW THE THE BINS THAT ARE THERE TO BE USED AND CONTINUE TO SERVE THE FARMING COMMUNITY IN CAROLINE COUNTY.
HARDSHIP AS A RESULT OF SPECIAL CONDITIONS AND CIRCUMSTANCES NOT SHARED BY OTHER PROPERTIES IN THE SAME DISTRICT, WHICH ARE PECULIAR TO THE LAND STRUCTURE OR BUILDING INVOLVED. THE AGAIN, THESE GRAINS ARE ALREADY LOCATED ON THE THE PROPERTY.
CONDITIONS OR CIRCUMSTANCES ARE NOT THE RESULT OF ACTIONS OF THE APPLICANT.
IN THIS INSTANCE, WHAT WE'VE OFFERED IS THAT THIS WAS INITIALLY CONSTRUCTED NOT AS A AS A FACILITY MEANT TO TAKE IN GRAIN FROM OFF SITE. NOW IT IS TAKING GRAIN FROM OFF SITE.
GRANTING OF THE VARIANCE IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING CHAPTER, AND WILL NOT BE INJURIOUS TO ADJACENT PROPERTIES, THE CHARACTER OF THE NEIGHBORHOOD, OR THE GENERAL WELFARE.
THIS USE HAS BEEN ON THE PROPERTY FOR A NUMBER OF YEARS.
IT IS CONSISTENT WITH AGRICULTURAL USES THROUGHOUT THE COUNTY.
IT SERVES MANY OTHER FARMING OPERATIONS THROUGHOUT THE COUNTY.
THE CHARACTER OF THE NEIGHBORHOOD IS PRIMARILY FOREST AND AGRICULTURAL LAND.
CONDITION, SITUATION OR INTENDED USE OF THE PROPERTY CONCERNED IS NOT OF SO GENERAL OR RECURRING A NATURE AS TO MAKE PRACTICABLE A GENERAL AMENDMENT OF THE ZONING CHAPTER. I DON'T THINK YOU'VE HAD MANY OF THESE SPECIAL USE EXCEPTION APPLICATIONS BEFORE YOU.
I UNDERSTAND THAT THERE ARE A HANDFUL OF OTHER SPECIAL USE EXCEPTIONS THAT HAVE BEEN GRANTED FOR AGRICULTURAL GRAIN OPERATIONS IN THE COUNTY. AS FAR AS THE VARIANCE IS CONCERNED, THIS IS A UNIQUE SITUATION THAT MY UNDERSTANDING IS THERE ISN'T A LOT OF PRECEDENT FOR IN THE COUNTY.
THE VARIANCE IS THE MINIMUM NECESSARY TO AFFORD RELIEF.
[01:40:02]
AGAIN, THIS WOULD ALLOW THE STRUCTURE TO REMAIN TO SERVE THE OPERATION UP TO WITHIN 457FT.NO CLOSER, NO IMPROVEMENTS COULD BE CONSTRUCTED ANY CLOSER TO THE ROAD.
AND IF THERE ARE ANY CHANGES, THIS IS AN IMPORTANT NOTE.
UM, WITH THAT, I AM HAPPY TO ANSWER ANY OTHER QUESTIONS THAT THE BOARD HAS, BUT WE BELIEVE THAT THIS COMPLIES WITH THE REQUIREMENTS FOR SPECIAL USE EXCEPTION VARIANCE APPROVAL AS APPLIED FOR.
IS THERE LIKE ANY KIND OF LIKE SPECIAL TRAINING THE FIRE COMPANIES DO AROUND HERE FOR GREEN BIN STUFF? BECAUSE I SAW THAT THING MILLSBORO DID IN DELAWARE.
IS IT I MEAN, IS THERE AN ISSUE? I'M JUST I'M JUST ASKING A DUMB QUESTION.
WE'RE GOING TO LET HER BUCKLE UP OR WHATEVER IT'S GOING TO DO.
YOU KNOW HOW MANY, HOW MANY PEOPLE ARE ALWAYS ON THIS SITE LIKE THERE ALL THE TIME? IS THERE SOMEBODY WHO LIVES THERE OR WHAT? NO. I MEAN, I THINK MY RECOLLECTION HE HAS THE FOLKS DELIVERING THE GREEN.
AND HE WAS GOING TO HAVE A FARM MANAGER, WHICH IS WHAT THE PURPOSE OF THE DWELLING IS GOING TO BE, IS GOING TO ACT AS A PLACE FOR ONE PERSON TO STAY ON SITE AT ALL TIMES, TO KIND OF MAINTAIN AND WATCH OVER THINGS.
JIMMY. SO THERE'S LIKE ONE, TWO, THREE PEOPLE THERE.
THAT'S NOT ABNORMAL FOR ANY BRAIN.
CAN YOU GO INTO ORIGINALLY WHAT USED TO BE HORMONES IS NOW.
RIGHT NOW THERE'S PROBABLY NO WAY THEY'RE RIGHT NOW THERE'S NOBODY THERE FOR HALF A WEEKEND.
BUT THEY ALSO MAY NOT BE RUNNING THE DRYER.
MAY MAYBE EIGHT TRUCKS IN LINE.
BUT I DON'T COUNT THEM BECAUSE THEY DON'T. OPERATION, HOW TO DO SOMETHING WITH TANKS.
BUT. ONE PERSON IS WEIGHING AND CHECKING THE OYSTER.
TWO, THREE PEOPLE DOING. WELL AND WITH IT BEING OPEN 24 OVER SEVEN DURING HARVEST SEASON, IS IS REALLY AN ASSET TO YOU GUYS. I'M THINKING AT 2:00 IN THE MORNING THAT PERSON'S BEEN THERE OR TWO PEOPLE HAVE BEEN THERE.
YES. RIGHT. AND THAT'S THE PURPOSE OF THE DWELLING.
HE WANTS SOMEBODY TO BE THERE 24/7.
THAT WOULD BE THE PERSON THAT WOULD COME OUT AND.
WHAT ABOUT? THERE ARE SOME PEOPLE SAYING STUFF ABOUT DUST CONTROL.
DO WE HAVE ANY SAY OVER THAT? BECAUSE IT'S AGRICULTURE OR NO.
THIS USE DOESN'T SPECIFICALLY CALL OUT ANY KIND OF DUST CONTROL PLAN.
I WOULD SAY THAT IT WOULD FALL UNDER.
DUST IS INVOLVED IN AGRICULTURE, CORRECT? YEAH, I JUST WONDERING THAT'S I MEAN, THAT'S NOW IF IT BECOMES IF IT BECOMES AN ISSUE WHERE.
YOU CAN MAKE THAT A CONDITION.
IF YOU FELT THAT WAS SOMETHING THAT WOULD BE PROBLEMATIC OR OR WAS REQUIRED TO CONTROL DUST.
WELL, IF YOU MAKE THEM WATERED DOWN, THEN THE TRUCKS ARE GOING TO GET DIRTIER.
YEAH, WELL, THEN YOU'RE SLIPPING AND SLIDING IN MUD INSTEAD OF DUST.
SO IT'S SIX OF ONE HALF DOZEN OF ANOTHER.
OKAY. I'M GOOD. NO OTHER QUESTIONS.
DO YOU WANT TO GO TO DELIBERATION, OR DO YOU HAVE ANY QUESTIONS? OKAY. YOU GUYS.
YOU'RE DONE. I'M WRAPPED UP, CLOSED UP, WRAPPED UP.
I MEAN, IF WE HAVE ANY QUESTIONS, ONCE WE START DELIBERATION, THEN WE'LL ASK, BUT.
YOU HAVE SOMETHING YOU HAVE TO ASK? I WANT TO SAY SO.
SO TO YOU GUYS READY TO CONTINUE TO BE ABLE TO, MR. MYERS, THAT LIVE AWAY FROM WHAT'S GOING ON HERE AT THE END OF SUNSET.
PAY ATTENTION TO THE FORUM ACROSS THE ROAD FROM YOU BECAUSE HE OWNS THAT ONE.
SO IF YOU SEE SOMETHING HAPPENING, BE THAT NOSY NEIGHBOR.
THEN WE WON'T GET THIS FAR OUT THERE.
SO FAR. YEAH, BUT THAT RIDDEN FORMS A BIG FARM.
OH, YEAH, JIMMY OWNS SOME OF IT.
BUT DON'T YOU OWN A PIECE THERE? YOU GOT A QUESTION? I THOUGHT YOU OWNED IT.
[01:45:03]
I MEAN, 160 ACRES, GIVE OR TAKE.THE ONE THAT WE'RE DEALING WITH.
YEAH. WELL, I MEAN, LOOK, LOOK, LET ME GIVE YOU LET ME GIVE YOU MY HAT.
I'M THE PRESIDENT OF THE FIRE COMPANY.
I HAVE A CONSTRUCTION BUSINESS.
I GROW HAY. WHAT ELSE DO I DO? CRYSTAL, YOU'RE LIKE A FARMER TO SIT ON THIS BOARD.
AIN'T NO NEW GAME. I WORKED FOR THE BIG FARMER BEHIND YOU.
RICHARD EDWARDS. I MILKED COWS FOR HIM UNTIL I WAS, LIKE, 21 YEARS OLD, SO.
AND I GO UP THERE OCCASIONALLY.
SO I STILL KNOW WHAT'S GOING ON UP THERE.
AND IT'S JUST EASIER TO CALL CRYSTAL AND SAY WHAT I GOT TO DO.
I MEAN, I FUSS WITH HER ALL THE TIME.
ME AND HER HAVE REALLY IN DETAILED CONVERSATIONS, BUT, WELL, THIS IS A LITTLE LEARN.
SOMEONE HAVE A QUESTION IN THE BACK.
BEFORE WE CLOSE BECAUSE WE'RE FRENCH FARM AND ALL THAT.
HE'S GOT ANOTHER FARM. YOU WANT.
ALREADY OPERATING OUT OF THERE TOO, SO I DON'T KNOW WHAT.
I DON'T KNOW IF THAT'S IN TOWN OR NOT.
WHAT ARE YOU SUPPOSED TO DO HERE? I DON'T KNOW. WELL, AGAIN, WE'RE GOING TO WE'RE GOING TO GIVE THE GUY A LITTLE BIT OF A, OF A BREAK MOVING FORWARD BECAUSE HE'S NOT HERE TO DEFEND HIMSELF.
AND WE'RE NOT TRYING TO HANG HIM UP BY HIS TOES.
BUT AT THE END OF THE DAY, I THINK HE'S GOT TEAMS NOW ON IN PLACE AND HE'S LEARNING THE HARD WAY THAT YOU HAVE TO GO THE RIGHT WAY THE FIRST TIME INSTEAD OF BACKTRACKING BECAUSE IT DOESN'T USUALLY BODE WELL.
SO I THINK WHAT WE'RE GOING TO DO IS WE'RE GOING TO GO THROUGH THESE SPECIAL USE EXCEPTION THINGS THAT MR. MULANEY ALREADY DID, AND WE'RE GOING TO APPLY THEM AS WE SEE AND DISCUSS THEM A LITTLE BIT.
AND WE WILL EXPECT THAT NOBODY WILL COMMENT WHILE WE'RE HAVING OUR DELIBERATION, MADAM CHAIR.
IS, BOTH PARTIES HAD THEIR OPPORTUNITIES TO ASK QUESTIONS OF EACH OTHER.
HAVE WE FINISHED THAT PART? OKAY. IN SUMMARY STATEMENTS ON EITHER SIDE.
YES. SO HE SAID HE WAS FINISHED.
YOU WERE FINISHED AND AND NOBODY ELSE HAD ANYTHING ELSE IN THE BACKGROUND.
NOBODY WANTS TO GIVE A SUMMARY STATEMENT FOR THE OPPOSING SIDE OKAY.
YEAH I THINK I THINK WE KIND OF ADDRESSED IT.
[6. Deliberation, Special Use Exception]
ON. A WRITTEN APPLICATION HAS BEEN SUBMITTED.WE HAVE EVIDENCE OF THAT THAT WOULD BE UNDER THE APPLICATION WAS EXHIBIT THREE, AND IT WAS ADVERTISED ON 11 ONE AND 11 EIGHT.
AND THAT WAS ALSO IN WHAT WAS IT NOTICE OF PUBLIC HEARING.
YEAH. BUT I'M TRYING TO SEE WHAT EXHIBIT WAS IT.
NUMBER ONE. SO THAT'S ALL BEEN TAKEN CARE OF.
AND THE BOARD HAS CONSIDERED THE APPLICATION IN ACCORDANCE WITH THE FOLLOWING PRINCIPLES AND REQUIREMENTS AND DETERMINED THAT THE GRANTING OF THE SPECIAL USE EXCEPTION WILL NOT BE DETRIMENTAL OR ENDANGER PUBLIC HEALTH, SAFETY OR GENERAL WELFARE.
WHO WANTS TO GO FIRST? I THINK IT'S A BENEFIT TO THE COMMUNITY TO HAVE THIS PROCESS GOING ON, BECAUSE CLEARLY FARMERS NEED A PLACE TO TAKE THEIR STUFF.
SO THAT'S NOT IT'S NOT THAT IT'S GOING TO BE A PROBLEM.
AND I DON'T KNOW THAT IT'S AN ISSUE WITH SAFETY OR HEALTH.
YOU KNOW. THE ISSUE OF THE ROADS, WHICH IS A SEPARATE ISSUE.
THAT'S THE NEXT ONE, I BELIEVE.
DO YOU AGREE WITH THAT, KEVIN? FOR THIS PART, YEAH.
OKAY. I AGREE WITH THAT. SO I THINK WE'RE GOOD.
WE DON'T HAVE ANYBODY WE DON'T HAVE A SPECIFIC.
SOMEBODY TO COMMENT AND ACTUALLY AN APPRAISER OR SOMETHING TO REALLY GO INTO ALL THAT.
[01:50:01]
SO I DON'T KNOW THAT THERE'S ANY NEGATIVE IMPACT FINANCIALLY TO ANY OF THE HOMES OR PROPERTY VALUES.BUT AGAIN, IT'S COMMON TO HAVE THOSE ASSOCIATED THINGS.
DO YOU HAVE ANYTHING FURTHER TO ADD TO THAT? NO, I DON'T HAVE NOTHING FOR YOU.
NO. SO I DON'T THINK THAT IT'S I THINK WE'VE, I THINK WE'VE MET THAT AS WELL.
WE DON'T HAVE ANY TESTIMONY AS FAR AS, YOU KNOW, PROPERTIES LOSING THEIR VALUE.
RIGHT. WE HAVE NO TESTIMONY THAT STATES THAT THERE'S ANYTHING DETRIMENTAL TO PROPERTY VALUES.
SO SEE, WILL IT IMPEDE THE NORMAL AND ORDERLY DEVELOPMENT AND IMPROVEMENT OF THE SURROUNDING PROPERTIES FOR USE AS PERMITTED IN THE ZONING DISTRICT? AGAIN, WE'RE NOT LOOKING WE'RE NOT PUTTING IN, YOU KNOW, A POWER PLANT.
WE'RE TALKING ABOUT FARM USE AND AGRICULTURAL USE.
AND THAT'S WHAT'S ALL AROUND THIS FARM.
SO I DON'T SEE THAT THERE'S ANYTHING AT ALL THAT WOULD INDICATE THAT THAT'S NOT BEING MET AS WELL.
SO I WOULD SAY, YES, WE'VE MET THAT ONE AS WELL.
DO YOU HAVE ANYTHING FURTHER OR ANYTHING? I MEAN, JUST BASED ON THE TESTIMONY I THINK WE'VE HEARD EVEN FROM MR. MULLANEY AS WELL, RIGHT, AS THIS, WHERE THE RATE FITS IN.
YES. WELL, NOT OVERBURDEN EXISTING PUBLIC FACILITIES, INCLUDING SCHOOLS, POLICE, FIRE PROTECTION, WATER, SEWAGE, SEWERAGE, PUBLIC ROADS, STORM DRAINAGE AND OTHER PUBLIC IMPROVEMENTS.
I THINK WE CAN ALL AGREE THAT THE ROADS ARE GOING TO BE OUR NUMBER ONE ISSUE.
I THINK WE NEED TO DISCUSS ROADS AND WHAT WE MIGHT ASK FOR THE THE THE PROPERTY OWNER TO WORK WITH PUBLIC WORKS, OBVIOUSLY TO ASSIST WITH ISSUES THAT ARISE FROM THE TRUCKS THAT USE THE ROAD COMING AND GOING.
I DON'T KNOW WHETHER WE CAN EVEN ASK FOR A TRAFFIC STUDY TO SEE WHAT'S WHAT.
I MEAN, I DON'T KNOW WHETHER THAT'S BECAUSE IT'S SEASONAL.
I DON'T KNOW WHETHER THAT'S REALLY GOING TO INDICATE.
ON A I DON'T KNOW HOW YOU APPROACH THAT.
HOW DO WE HOLD HIM ACCOUNTABLE? FROM FROM OUR LITTLE START.
WELL, I THINK AND FOR FOR THE PUBLIC ROADS, I MEAN, DO WE HAVE TO GET PUBLIC WORKS INVOLVED? YOU CAN CERTAINLY ASK FOR FEEDBACK OR COMMENT.
RIGHT. AND I THINK I WOULD ENCOURAGE.
YOU TO MOVE IN THAT DIRECTION TO GET THEM TO SAY, HOW DO YOU MAINTAIN THE ROAD WITH THE COUNTY'S HELP? AND SO THAT IT'S NOT TOO MUCH OF A BURDEN ON THE LANDOWNER, AND IT'S NOT TOO MUCH OF A BURDEN ON THE COUNTY, NO MATTER WHAT, THE ROAD NEEDS TO BE KEPT TO A CERTAIN STANDARD.
AND IF THESE HEAVY TRUCKS THAT ARE COMING AND GOING, THEY'RE GOING TO WEAR AND TEAR THAT ROAD.
IT'S JUST A QUESTION OF WHO'S RESPONSIBLE.
SO I KNOW THERE'S A MECHANISM IN OTHER JURISDICTIONS PUBLIC WORKS AGREEMENT OKAY.
THAT'S THAT'S THE MECHANISM I THINK YOU COULD HELP ENFORCE.
RIGHT. COME TO AN AGREEMENT BETWEEN PRIVATE AND PUBLIC AND RIGHT.
SO IN ORDER FOR US TO GIVE THIS, WE'D HAVE TO HAVE THEIR.
I WOULD THINK SO BECAUSE I DON'T KNOW HOW HOW CAN HOW CAN WE GIVE HOW CAN WE GIVE THE RIGHT ANSWER IF WE DON'T HAVE PUBLIC WORKS SAYING, HEY, HERE'S WHAT WE THINK THEY SHOULD DO, AND EVERYBODY AGREES AND WE CAN ALL PLAY NICE.
I FEEL LIKE YOU DON'T WANT TO GIVE HIM THE.
YES. AND THEN LATER ON, OH WELL, THE ROADS ALL SCREWED UP AND NOW WHAT ARE WE GOING TO DO? THAT'S THE WRONG WAY TO APPROACH IT, I THINK.
SO I FEEL LIKE TABLING IT AND ASKING FOR PUBLIC WORKS TO WEIGH IN ON IT IS IS IN MY, IN MY EYES, THE ONLY WAY TO MOVE FORWARD BECAUSE I'M, I LEAN TOWARDS GIVING HIM THE SPECIAL USE.
BUT I THINK ROADS HAVE GOT TO BE ADDRESSED.
AND WOULD YOU AGREE WITH THAT? I DEFINITELY WOULD YOU AGREE WITH THAT? ABSOLUTELY. SO SINCE WE CAN'T, IF WE'RE GOING TO ASK FOR THAT, THEN WE WOULD TABLE IT PENDING THE I WOULD SUGGEST YOU CONTINUE ON THROUGH THE REST OF YOUR CRITERIA. SO IN CASE THERE IS ANYTHING ELSE THAT COMES TO LIGHT THAT YOU FEEL THAT YOU NEED BEFORE YOU MAKE THAT DECISION PERFECT.
SO IN CONFORMING IN ALL OTHER RESPECTS TO THE CHAPTER AND ESPECIALLY TO THE APPLICABLE REGULATIONS OF THE ZONING DISTRICT IN WHICH IT'S LOCATED, I THINK IT CONFORMS. I MEAN, THIS IS RURAL.
IT IS A USE THAT IS ACCEPTABLE.
THERE SHOULDN'T BE ANY ISSUE WITH THAT.
SO I DON'T THINK WE HAVE ANY ISSUES WITH THE CRITICAL AREA.
SO THOSE ARE THE ISSUES FOR SPECIAL USE.
DO WE EVEN WANT TO GET INTO THE VARIANCE IF WE'RE GOING TO TABLE IT, OR DO WE WANT TO AT LEAST ADDRESS IT? I WANT TO DO THE VARIANCE.
AND THEN WE CAN STILL TABLE THINGS OKAY.
SO. I DON'T KNOW WHERE WE LEAVE THIS, BUT WE'RE WE'RE TABLING THE SPECIAL USE PORTION CURRENTLY.
[01:55:01]
IS THAT WHAT WE'RE DOING? IF I COULD JUST ASK A POINT OF CLARIFICATION, THE THE APPLICATION AND MATERIALS THAT WERE SUBMITTED, MATT WENT TO ALL RELEVANT AGENCIES.IS THAT ACCURATE? THAT'S CORRECT. SO DPW HAS ALREADY REVIEWED THIS AND HAS NOT RAISED ANY CONCERN.
AS A CONDITION OF WHAT I HOPE TO BE AN APPROVAL, WE WOULD ASK THAT THE CONDITION, BE THAT WE WORK WITH STAFF AND THE DEPARTMENT OF PUBLIC WORKS TO SATISFY ANY COMMENTS THAT THEY HAVE AND ENSURE THAT ANY REPAIRS OR MITIGATION TO ROADWAYS, AFTER THE APPROVAL THAT MAY ARISE, BE DEALT WITH BY THE PROPERTY OWNER, BECAUSE THE COMMENTS THAT HAVE ALREADY BEEN GENERATED BY DPW.
SO IT ALREADY WENT TO THE DEPARTMENT OF PUBLIC WORKS AND THEY HAD NO ISSUE, IS WHAT YOU'RE SAYING.
WE DID NOT RECEIVE ANY COMMENTS FROM PUBLIC WORKS WHETHER THEY HAD ISSUES OR NOT.
OKAY. WELL, LET'S DO THE VARIANCE PART AND SEE WHERE WE'RE AT.
WHAT WOULD BE YOUR REASON FOR TABLING IT? BECAUSE OF THE NUMBER OF TRUCKS, OR BECAUSE I FEEL LIKE WE NEED TO HAVE SOME KIND OF AN AGREEMENT PUT IN PLACE FOR THE ROADS TO BE MAINTAINED AND PROTECTED IN A WAY THAT THE COMMUNITY AND AT LARGE IS, IS HAPPY WITH, RATHER THAN GIVING HIM THE OKAY.
SO I WANT TO KNOW THAT SOMETHING IS GOING TO BE DONE, WHETHER IT'S FROM STAFF AND DPW AND THE PROPERTY OWNER, AND WE JUST SAY, HEY, AS LONG AS YOU GUYS AGREE WITH SOMETHING AND IT GETS DONE AND IT'S FORMULATED IN A PLAN THAT MAKES SENSE, I'M FINE WITH THAT.
BUT I WANT SOMEBODY THAT KNOWS ROADS TO MAKE THOSE DECISIONS.
I DON'T FEEL LIKE I'M READY TO SAY, OH, I NEED TO KNOW.
BETWEEN THE PROPERTY OWNER AND PUBLIC WORKS.
WHAT WOULD BE REQUIRED TO ADDRESS ANY ISSUES WITH THE ROAD? SO WHETHER OR NOT PUBLIC WORKS WOULD REQUIRE ANY KIND OF TRAFFIC STUDY OR, YOU KNOW, MAYBE IT'S BRINGING THE ROAD INTO COMPLIANCE AT A HIGHER STANDARD THAN WHAT'S THERE.
NOW THAT WOULD ALL BE ADDRESSED AS PART OF THAT DEVELOPER'S RIGHTS AND RESPONSIBILITY.
AND THEY PAID FOR THE PAVEMENT.
SO THAT COULD HAPPEN IN THIS CASE AND NOT NECESSARILY HAVE TO TABLE IT.
I DON'T KNOW ABOUT YOU OR YOU, BUT FROM MY STANDPOINT, I'M NOT A ROAD SPECIALIST.
HOW DO WE GRANT APPROVAL WITHOUT HAVING WE CAN'T, YOU KNOW.
YOU KNOW, I HAVE A QUESTION FOR MATT FOR CLARIFICATION.
WHEN THERE'S A DRA OR A PUBLIC WORKS AGREEMENT, DO THEY OCCUR PRIOR TO THIS PROCESS? NO. OKAY. SO AFTERWARDS OKAY.
SO THEN YOU COULD DO A CONDITIONAL APPROVAL AND THAT'S WITH WITH WITH THOSE WITH THOSE ATTACHED.
HOWEVER THE STAFF WOULD, WOULD SUGGEST THE CONDITIONS OF APPROVAL BEING THAT THEY GO TO PUBLIC WORKS AND THEY PUT SOMETHING IN PLACE WITH THE HELP THAT STAFF, THAT CONDITION IS USUALLY FROM WHAT I RECALL, THAT WHEN WE'VE DONE THOSE HAS BEEN A CONDITION OF APPROVAL OF THE FINAL SITE PLAN APPROVAL.
OKAY. BUT THAT THAT COULD BE IF IT'S REQUIRED OR NOT, THAT THAT COULD BE AS PART OF THE CONDITION OF APPROVAL, OR IT COULD JUST BE THE DEVELOPER'S RIGHTS AND RESPONSIBILITIES AGREEMENT AND THEN LAY IT IN THE LAP OF THE PUBLIC WORKS DEPARTMENT TO SAY, THIS IS WHAT'S REQUIRED BASED ON THIS USE, BECAUSE OBVIOUSLY THEY DON'T HAVE THE INFORMATION, THE INFORMATION THAT'S DISCUSSED HERE TONIGHT ABOUT THE NUMBER OF TRUCKS, RIGHT.
THEY'RE GOING TO HAVE MORE INFORMATION NOW THAT'S BEEN IN HERE.
SO YOU KNOW, NUMBER OF TRUCKS, SIZE OF TRUCKS, WEIGHT OF TRUCKS.
ALL THOSE HOURS IN AND OUT THE ACTUAL TRUCK ROUTE.
THEY'RE PROBABLY GOING TO BE SOME THINGS THAT ARE GOING TO REQUEST OKAY.
I WOULD LEAN MORE TOWARDS GRANTING A CONDITIONAL APPROVAL BASED ON A DRC WHERE A PUBLIC WORKS AGREEMENT, WHATEVER THE CASE MAY BE, WE'VE WE'VE DONE HELP US WHEN WE GET TO THAT POINT TO TO PUT THAT CORRECTLY INTO THE BECAUSE IF IF THE ISSUE IS THE CONDITION OF THE ROAD AND THE NUMBER OF TRUCKS, THEN THAT NEEDS TO
[02:00:06]
HAPPEN FROM SOME SORT OF AGREEMENT BETWEEN.SO TO GET IT'S GOING TO BE AFTER THE APPROVAL IS DONE, THEN THAT WOULD BE DONE.
OKAY. THAT'S ONE OF THOSE DOCUMENTS THAT GETS DONE PRIOR TO SAY, A FINAL SITE PLAN APPROVAL.
AND YOU WOULD MAKE CONSIDERATION OF PUBLIC COMMENT.
AND YOU WOULD MAKE THE MOTION WITH THAT CONDITION.
ABSOLUTELY. THAT'S WHAT I WAS GOING TO SAY.
WE'LL MAKE THE MOTION WITH THAT CONDITION.
SOMETHING YOU WANTED TO SAY? UM, SO ARE WE.
ARE WE ARE WE GOOD WITH MAKING THE MAKING THE MOVING FORWARD? YOU GOOD WITH THAT? YEAH. YOU WANT TO MAKE, ISN'T THERE? EXCUSE ME? ISN'T THERE A CODE OR A LAW OR SOMETHING IN EFFECT, THAT ANY NEW INDUSTRIAL HAS TO BUILD THE ROAD TO THE TRAFFIC FLOW? NO, THAT'S NOT A REQUIREMENT FOR THIS USE.
NOT FOR THIS USE. WHY? BECAUSE THIS IS GOING TO TURN TO INDUSTRIAL.
FARM PRACTICE, BUT IT STILL TURNS TO INDUSTRIAL BECAUSE HE'S BUYING AND SELLING.
IT'S NOT. IT'S NOT CONSIDERED INDUSTRIAL.
THE USE IS WHAT THEY SAID IN THE THING.
RIGHT. SO THAT'S THE ROAD DESIGN MANUAL WILL KIND OF.
GET IT TO WHERE IT NEEDS TO BE.
OBVIOUSLY THE ROAD, HOW IT'S DESIGNED AND CONSTRUCTED RIGHT NOW IS NOT FOR HEAVY TRAFFIC.
I MEAN, MAKE A MOTION AND EVERYWHERE IN CAROLINE COUNTY WHERE YOU HAVE OPERATIONS SIMILAR, THE ENTRANCES ARE ALWAYS MESSED UP BECAUSE OF THE WEIGHT OF THE TRUCKS.
YES. MY CONCERN PIPES ALWAYS GET CRUSHED.
YEAH, WELL, MY CONCERN IS THE NEIGHBORING FARMER HAS A PIT, AND HE'S ONLY ALLOWED TO HOLD DIRT OUT OF HIS PIT AND SELL IT HIMSELF. AND NOW WE'RE GOING TO SELL GREEN.
AND HE CAN HOLD ANYTHING IN THERE AND OUT THERE.
HE WANTS TO. THERE'S SOMETHING TERRIBLY WRONG.
YEAH. I'M NOT I'M NOT SURE IF JOHN HAMMER IS IS RESTRICTED ON A NUMBER OF VEHICLES OR NOT.
THAT'S SOMETHING WE'D HAVE TO TAKE A LOOK AT.
BUT WELL AGAIN, THAT'S WE'RE OPENING UP.
YEAH. BUT THAT'S ANOTHER ISSUE.
SO WE NEED WE NEED TO KIND OF WRAP THIS UP AND LET'S, LET'S MOVE AHEAD.
IF WE'RE GOING TO MAKE A MOTION LET'S DO THAT.
LET'S GET TO THE MOTION AND GET TO THE VARIANCE.
OKAY. OKAY, BEFORE YOU GET INTO THIS MOTION, THERE IS SOMETHING ON THIS THIS RECOMMENDED ACTION THAT WE HAD CHANGED THE STAFF REPORT BASED ON THE THE INTERPRETATION LETTER, THE PLANNING DIRECTOR, THE SECOND.
I THINK THAT CONDITION NEEDS TO GO AWAY.
OKAY. SO IGNORE THE COMPOST PART.
CORRECT. WHEN YOU'RE DOING THAT UNTIL WE DETERMINE WHAT THAT USE ACTUALLY IS.
OKAY. SO THAT'S THE SECOND ONE DOWN.
CORRECT. SO YOU'RE TALKING ABOUT THAT AGAIN.
WHAT ABOUT THE MILK TRUCK BUSINESS.
THAT'S THAT'S NOT A SEPARATE ISSUE.
SEPARATE ISSUE. SO WE'RE DEALING WITH THE GRAIN OPERATION.
[7. Decision: Special Use Exception]
ALL RIGHT. SO THIS IS JUST FOR THE SPECIAL USE EXEMPTION.I MAKE THE MOTION TO APPROVE FOR JUST A SPECIAL USE EXEMPTION.
APPLICANT NUMBER 23, DASH 0050.
WITH THE FOLLOWING CONDITIONS.
THE APPLICANT MUST RECEIVE FINAL SITE PLAN APPROVAL FROM THE PLANNING DIRECTOR.
[02:05:01]
ZONING CERTIFICATE ASSOCIATED WITH THIS PROJECT.UM, A BUILDING PERMIT AND OR ZONING CERTIFICATE WILL BE REQUIRED PRIOR TO ANY PROPOSED DEVELOPMENT AND MUST BE ACCOMPANIED BY ALL NECESSARY DOCUMENTATION AND SITE PLAN REQUIREMENTS.
THE BOARD'S DECISION SHALL BE VOID ONE YEAR FROM THE DATE OF APPROVAL, UNLESS A PLAT IS RECORDED OR THE ZONING CERTIFICATE AND OR BUILDING PERMIT IS ISSUED AND CONSTRUCTION HAS BEGUN IN ACCORDANCE WITH THE TERMS OF THIS DECISION.
A CONDITION WITH THE PUBLIC ROADS.
SO WHAT I WOULD PROPOSE WOULD BE A CONDITION THAT THE APPLICANT.
AND THE COUNTY GO INTO A DEVELOPMENT RIGHTS AND RESPONSIBILITIES AGREEMENT, ALSO KNOWN AS A DRA.
WHAT MATT SAID. DID YOU HEAR HIM? DID YOU HEAR HIM? YOU SAID YOU A CONDITION THAT THE APPLICANT.
WHO WERE YOU ASKING? I WAS ASKING IF SHE HEARD YOU.
SORRY, CATHERINE. CATHERINE, DID YOU HEAR HIM? I GOT PART OF IT.
SO THAT WILL BE ANOTHER CONDITION TO OUR TO OUR APPROVAL.
IS THAT EVERYTHING I SAID BECAUSE I WAS LIKE OVER I DID I SECOND THE MOTION.
ALL IN FAVOR? AYE, AYE. SO WE'VE PASSED THE SPECIAL USE.
NOW WE'VE GOT TO TALK ABOUT THE VARIANCE ISSUES, WHICH.
[8. Deliberation, Variance]
UM, WE'RE GOING TO START OFF WITH THE.WELL, THERE'S NOT A LOT OF PEOPLE THAT HAVE DONE THE SAME THING OR HAVE THE SAME SITUATION.
THE THING THAT I QUESTION IS, IS THE IS THE DIFFICULTY, THE THE RESULT OF CONDUCT OF THE APPLICANT OR THE APPLICANT'S PREDECESSOR. THAT'S WHERE I HAVE A PROBLEM, BECAUSE I FEEL LIKE THE APPLICANT CREATED THIS CIRCUMSTANCE HIMSELF.
HE BASICALLY WENT OUT, PUT THE BUILDING UP.
AND WITH VARIANCES AND THE WAY THAT THEY'RE WRITTEN, IT SHOULD BE DIFFICULT TO GET A VARIANCE.
AND IT SHOULD DEFINITELY NOT BE AN EVERYDAY ORDINARY.
SO WHEN WHEN I SEE THIS AND I SEE THAT HE DID THIS, AND IF HE TOOK THE TIME TO PUT IT UP, AND IF HE HAD JUST TAKEN A FEW MORE MINUTES AND FIGURED OUT WHERE TO PUT IT, HE WOULD HAVE BEEN IN THE PROPER SETBACK IN THE ZONING ORDINANCE.
AND THE ISSUE OF WHETHER HE DID OR DIDN'T KNOW, I STILL THINK AT SOME POINT YOU DON'T GO OFF AND BUY REAL ESTATE TO THIS MAGNITUDE AND NOT KNOW THAT YOU HAVE TO ASK QUESTIONS OF THE LOCAL AUTHORITIES.
AND THE QUESTION IS, IS THIS THE BEST PLACE FOR IT? AND DOES THIS MAKE SENSE? AND DOES IT MEET THE ZONING SPECS.
SO I FEEL LIKE HE CREATED HIS OWN DIFFICULTY.
I DON'T KNOW HOW YOU FEEL ABOUT IT.
I FEEL THE SAME WAY. ESPECIALLY HOW DO YOU FEEL ABOUT IT? YOU GOT 160 ACRES AND YOU'RE GOING TO JAM IT ON THE ROOF, RIGHT? AND YEAH, I KNOW, I REALIZE IT'S ONLY 47FT OR SO, AND I KNOW THAT IT'S NOT SUCH A HUGE ISSUE, BUT IT'S IT'S THE PRINCIPLE TO ME.
AND IF WE JUST MAKE A MOCKERY OF THIS AND WE JUST SAY, OKAY, NO PROBLEM, COME ON INTO CAROLINE COUNTY, PUT UP WHAT YOU WANT, AND THEN WHENEVER IT DOESN'T GO YOUR WAY, JUST COME ON AND BRING YOUR ATTORNEYS AND COME LINE UP AND WE'LL JUST WE'LL GIVE YOU YOUR, YOUR VARIANCE.
SO I PERSONALLY FEEL LIKE HE CREATED HIS OWN HARDSHIP.
I THINK HE SHOULD MOVE THE BUILDING.
I KNOW THEY'RE NOT. I KNOW IT'LL COST HIM TO TAKE IT DOWN.
IT'S NOT A BIG DEAL, BUT IT'S GOING TO COST HIM.
BUT YOU KNOW WHAT? THAT'S THE PART OF THE LEARNING CURVE.
I THINK IN THIS SITUATION, THAT'S JUST ME.
I FEEL THE SAME WAY. AND, YOU KNOW, I DON'T KNOW ABOUT HOW YOU FEEL, BUT THAT'S IT.
[02:10:04]
AND THEN IF YOU CAN'T GET THROUGH ALL OF THESE ISSUES WITH THE VARIANCE, THEN YOU CAN'T.I MEAN, WE CAN TALK ABOUT YES, HE MADE HIS APPLICATION.
BUT I REALLY FEEL LIKE HE CREATED THIS SITUATION, AND I JUST FEEL LIKE HE SHOULD HAVE TO MOVE IT.
THAT'S JUST HOW I FEEL ABOUT IT.
HOW DO YOU FEEL, KEVIN? IT'S A LOT OF MONEY.
IS THAT RIGHT, MATT? AGAIN, I'M FROM FROM WHAT WAS REVIEWED AND APPROVED.
SO IT'S HARD TO SAY THAT LOCATION IS NOT NEARLY THE SAME.
SO HOW DOES THE BOARD FEEL IF YOU APPROVE IT, BUT WHAT IT'S GOING TO COST HIM TO MOVE IT? HE PAYS THE COUNTY ON A FINE.
NO. WELL, I MEAN, YOU KNOW, THEN THEN I MEAN, THAT'S YOU KNOW, I DON'T KNOW.
I MEAN, IT'S JUST ONE OF THOSE THINGS I REALIZE IT'S IT'S IT'S I THINK HE SHOULD HAVE TO PAY A FINE FOR DOING WHAT HE'S DONE, BECAUSE IF NOT, YEAH. WHERE'S THE LESSON? LIKE THEY SAID HE DID, BECAUSE HE'S JUST GOING TO DO WHAT HE WANTS SOMEWHERE ELSE.
THE FINE IS JUST A BUILDING PERMIT TWICE.
BUT THE THING THE THING IS, HE HAS 160 ACRES TO PUT THIS.
HE HE'S GOT A LOT OF PROPERTY TO PUT THIS SILO.
AND IT'S NOT THAT THERE'S NOT ENOUGH SPACE FOR IT TO BE MOVED, YOU KNOW.
I MEAN, THAT'S JUST MY TAKE ON IT ABOUT, YOU KNOW.
WHAT YOU'RE CHARGED WITH LOOKING AT IS, DID THE APPLICANT CREATE HIS OWN HARDSHIP? HE DID HOW WELL HE CREATED IT.
CAN WE ASK THE QUESTION? YEAH. YOU CAN CLARIFY SOMETHING.
YOU CAN'T ASK FOR NEW TESTIMONY.
JIMMY, YOU'RE THE EXTENSION OFFICE.
KNOW THERE'S A MASS OF CONCRETE THAT TAKES A BIG CARBON FOOTPRINT TO MOVE.
IT'S A SHAME THAT IT'S GOING TO COST HIM A LOT OF MONEY.
BEYOND THE MONEY. I GUESS YOU HAVE TO LOOK AT THE OTHER ASPECTS TO HAVE THE AUTHORITY TO ASSIGN A FINE OF CERTAIN NUMBER OF DOLLARS, THEN THE COUNTY COULD USE TO HELP FIX THE ROADS, RIGHT? OR SOMETHING ELSE, RATHER THAN HIM SPEND A WHOLE BUNCH.
I MEAN, I'D RATHER SEE THE DOLLARS GO TO FIX THE ROADS.
WELL, MY PROBLEM IS, IS WE APPROVE IT.
THEN YOU GOT A PISSED OFF NEIGHBOR SAYS, WELL, I'M GOING TO PUT UP A GRAIN BIN.
YEAH. I MEAN, WHAT? I MEAN, THAT'S I THINK ULTIMATELY I REALIZE I'M NOT TRYING I'M NOT TRYING TO BE SARCASTIC, BUT I FEEL LIKE AT SOME POINT YOU NEED SOME ACCOUNTABILITY. AND YOU'RE RIGHT.
I MEAN, MY FIRST INSTINCT IS, WELL, MOVE THE DAMN BUILDING, BUT IS IT REALLY SMART, LIKE, BECAUSE YOU'RE THEN DESTROYING, LIKE YOU SAID, THE FOOTPRINT. SO YOU GOT TO LOOK AT THAT ASPECT TOO.
SO IS A FINE A BETTER CHOICE THAN MOVING A BUILDING? BUT I DON'T KNOW WHAT. DO WE HAVE THE AUTHORITY TO ASK FOR MONETARY FINES? NO, NO. THAT'S A.
THAT'S NOT SOMETHING WE CAN DO.
CORRECT. SO SO YOU JUST HAVE TO DETERMINE WHETHER OR NOT YOU FEEL THAT.
THE APPLICANT CREATED HIS OWN HARDSHIP AND WHY OR WHY NOT? SO THAT'S WHAT YOU SHOULD TALK ABOUT.
FINE. WELL, I MEAN, I THINK THERE'S NO QUESTION THAT THAT THE HARDSHIP WAS CREATED BY BY HIM.
YES. YOU KNOW, HE DID CREATE HIS OWN HARDSHIP.
HOW? BY PUTTING THE BUILDING WHERE HE DID WITHOUT INVESTIGATING FURTHER.
NO SURVEYING, NO PERMITS, NOT KNOWING THE ZONING AND WHAT THE SETBACKS SHOULD HAVE BEEN.
WELL, WE'RE DELIBERATING, SO NO WE DON'T WE CAN'T DO ADDITIONAL CONVERSATION.
SO I FEEL LIKE IN THAT RESPECT.
HE. HE DID THIS TO HIMSELF BY BY NOT FOLLOWING THE PROTOCOL.
AND THE FINANCIAL HARDSHIP IS THE NEXT THING.
AND THERE IS A FINANCIAL HARDSHIP WHEN YOU HAVE TO TAKE DOWN THIS BUILDING.
YES. SO THAT I CAN UNDERSTAND THAT'S GOING TO BE A HARDSHIP FOR HIM.
SO I CAN UNDERSTAND THAT'S A PROBLEM.
[02:15:02]
DID THE HARDSHIP COME, YOU KNOW, FROM HIS OWN.I MEAN, IS IT A MISTAKE? WAS IT? YOU KNOW, I JUST I DON'T KNOW HOW TO.
I DON'T THINK IT WAS A MISTAKE.
YEAH. GIVING SOMEONE THE BENEFIT OF THE DOUBT IS NOT ALWAYS A BAD THING.
SO DO YOU WANT TO TALK ABOUT WHAT IT IS THAT YOU HEARD THAT MAKES YOU COME TO THAT CONCLUSION? WELL, A LOT OF PEOPLE WERE SAYING, THESE THINGS HAVE BEEN GOING ON FOR A NUMBER OF YEARS.
WITHOUT. HE DIDN'T WANT TO WAIT.
HE DIDN'T WANT TO WAIT. SUBMIT IN 2019.
SO HE WENT AHEAD AND WENT THE THE THE SLOWER ROUTE SO HE COULD JUST GET THINGS GOING.
AND THEN SHORTLY AFTER THAT, HE STARTED DOING HIS BUSINESS THE WAY HE WANTED TO DO IT, WHICH IS BASICALLY AGAINST WHAT HE SAID HE WAS GOING TO DO, AND HE DIDN'T DO THE PROPER CHANNELS WHEN IT CAME TO, YOU KNOW, I GOT A QUESTION, WHAT'S A WHAT'S A GREEN BIN COST TO BUILD ONE, ERECT IT, NEW TESTIMONY. YOU CAN'T ASK FOR ONE THEN.
YEAH, I HAD TO OPEN THE RECORD AGAIN.
WE CAN. I MEAN, TO BE HONEST, DO YOU HAVE DO YOU FOLLOW ROBERT'S RULES OR DO YOU HAVE RULES OF PROCEDURE? ROBERT'S RULES? YES. IF YOU'RE IN THE SAME SESSION.
SORRY. THEY DO HAVE RULES OF PROCEDURE.
OKAY, SO I DON'T I'M NOT PRIVY TO THOSE.
DO THEY REOPEN THE RECORD BECAUSE IN ROBERT'S YOU COULD.
CLARIFY. AND DON'T WORRY ABOUT IT.
OKAY. GO AHEAD. SO WE KNOW THAT WE'VE MET SOME OF THE REQUIREMENTS FOR THE VARIANCE.
WILL IT BE IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE CHAPTER? AND I THINK IT WOULD BE BECAUSE OBVIOUSLY THAT'S WHAT'S THERE.
SO YES, IT MEETS THAT CRITERIA.
THERE ARE AS INDICATED BY EXHIBIT.
THE APPLICANTS EXHIBIT ONE WITH ALL THE OTHER USES THAT ARE OUT THERE, AND ALL THE PICTURES.
THIS IS A VERY UNIQUE PROPERTY, UNIQUE SITUATION, AS INDICATED BY TESTIMONY GIVEN BY ALL CONCERNED.
AND IS IT THE MINIMUM NECESSARY TO AFFORD RELIEF? I MEAN CLEARLY.
MINIMUM NECESSARY IS LEAVING IT WHERE IT IS.
SO THERE'S NO QUESTION THAT THAT'S GOING TO BE.
AND THERE'S NO CRITICAL AREA TO DEAL WITH.
SO REALLY IT JUST COMES DOWN TO THE ISSUE OF SELF-CREATED.
LIKE I FEEL LIKE IT'S SELF-CREATED.
I MEAN, I HATE TO SAY THAT, BUT.
I DIDN'T QUITE HEAR. WHAT. WHAT DID YOU SAY? I DIDN'T HEAR WHAT YOU SAID. I'M NOT.
I FEEL LIKE IT'S SELF-CREATED.
YEAH. BASED ON TESTIMONY TODAY.
YEAH, IT'S DEFINITELY SELF-CREATED.
SO I GUESS WE'RE GOING TO. WE'RE GOING TO MAKE A MOTION TO DENY.
YOU HAVE TO GO THROUGH AND FINISH THE REST OF THE.
WELL, I JUST DID. SHE JUST DID, I JUST DID.
SO I THINK WE'VE WE'VE BASICALLY SAID WE'RE GOING TO DENY THE VARIANCE AND THAT THAT'S UNFORTUNATE.
SO WE'RE GOING TO MAKE THE MOTION TO DENY THE VARIANCE.
ALL IN. YOU KNOW, HOLD ON A SECOND.
IS HE? IS HE? YEAH, LET'S JUST GO WITH IT.
NEVER MIND. DO YOU WANT CLARIFICATION? WHAT ARE YOU ASKING? BECAUSE IT SAYS SO.
YOU SHALL NOT GRANT A VARIANCE UNLESS AND UNTIL, UNLESS AND UNTIL ALL THOSE THINGS ARE MET.
AND WE DON'T AGREE THAT HE MET IT.
WE THINK THAT HE CAUSED HIS OWN HARDSHIP.
OKAY. COULD I ASK FOR FOR A ONE MONTH DELAY FOR US TO ADDRESS THAT CRITERIA AND COME BACK BEFORE YOU ON THE VARIANCE? I DON'T KNOW THAT THAT'S GOING TO CHANGE MY OPINION.
[02:20:03]
WELL, OR HIS OR HIS OPPONENT OF THIS IS I ALL THE INFORMATION I HAVE IS THAT THE PROPERTY OWNER THOUGHT THE PERMITS WERE ISSUED.THOUGHT THAT THE THE ENGINEER THAT'S NO LONGER INVOLVED WORKED WITH NRCS.
AND THE INFORMATION THAT I HAVE IS THAT WHEN THESE WERE CONSTRUCTED, THEY WERE FOR HIS AGRICULTURAL USE, AND HIS AGRICULTURAL USE DOES NOT HAVE A 500 FOOT SETBACK IMPOSED TO IT.
I REALIZE THAT ONCE IT TRANSITION.
SO WE'D LIKE THE OPPORTUNITY, IF POSSIBLE, TO COME BACK BEFORE YOU AND ADDRESS THE VARIANCE CRITERIA WITH WITH NEW INFORMATION AND SUBMIT IT BEFOREHAND SO THAT YOU CAN REVIEW THAT.
HOW DO YOU FEEL ABOUT THAT? DO YOU FEEL LIKE IT'S GOING TO BE BEATING A DEAD HORSE? WHAT IS OUR ATTORNEY THINK? I DON'T SEE A PROBLEM WITH IT.
DID YOU. DID YOU GET A COPY OF YOUR RULES? SINCE I DON'T HAVE ROBERT, I MEAN.
SORRY. I'M NOT GETTING I'M NOT.
I'M NOT GETTING INTERNET ON THIS COMPUTER.
I JUST WANT TO MAKE SURE THERE'S NOTHING PROHIBITING AN APPLICANT FROM COMING BACK.
DON'T GET RID OF. NO, NO, I DON'T HAVE AS LONG AS IT'S IT'S ALLOWED.
I MEAN, I WOULD SAY WE COULD ENTERTAIN.
THAT'S WHAT I WANT TO MAKE SURE SO THAT THERE'S NOT.
LET'S MAKE SURE REGULARLY AS LONG AS.
OR DEPENDS WHICH ONES YOU READ.
OH, ARE YOU PRINTING THEM? SHE PRINTED THEM. WELL, I MEAN, I DON'T I DON'T WANT TO I DON'T WANT TO NOT GIVE HIM THE OPPORTUNITY TO BE HEARD.
IF YOU THINK THERE'S SOMETHING MORE SPECIFIC THAT YOU CAN BRING TO OUR ATTENTION.
BUT I ALSO WANT TO MAKE SURE THAT IT'S WITHIN OUR RIGHT TO TABLE BASED ON THAT.
UNDERSTOOD. YOU KNOW, I JUST WANT TO MAKE SURE AND I THINK THAT THIS IS A VERACITY ISSUE.
I MEAN, THIS IS WHAT HE WHAT HE KNEW AND WHAT HE TRIED TO ACCOMPLISH AT THE TIME.
AND. RIGHT, YOU KNOW, I UNDERSTAND THE RATIONALE BEHIND WHAT YOU ALL ARE DISCUSSING RIGHT NOW, BUT I THINK THAT THERE'S THERE'S INFORMATION THAT CAN BE SUBMITTED THAT DEMONSTRATES THAT THIS IS, YOU KNOW, AN APPLICATION THAT MEETS THE VARIANCE CRITERIA.
SO I WOULD ASK FOR A ONE MONTH CONTINUANCE TO BE ABLE TO SUBMIT NEW TESTIMONY.
I DON'T THINK THAT'S GOING TO BE A PROBLEM.
I JUST WANT TO MAKE SURE IT'S NOT A PROCEDURAL HICCUP FOR ANY PARTY.
WELL, WE'LL WAIT TO HEAR FROM REBECCA.
OKAY. DO YOU NEED ONE? NORMAN. ONE MAN.
SO WHAT'D YOU SAY? HE'S TRYING TO QUIT. I.
THE BOARD MAY THE BOARD MAY POSTPONE OR CONTINUE ANY CASE DUE TO LACK OF A QUORUM, WHICH YOU DON'T HAVE OBVIOUSLY, OR FOR FURTHER STUDY AND THE RECEIPT AND OR A REQUEST FOR ADDITIONAL INFORMATION.
SO MR. MOLONEY'S REQUESTED FOR TIME FOR MORE ADDITIONAL INFORMATION.
SO I WOULD SAY THAT IT CERTAINLY WOULDN'T.
YOU'RE NOT PRECLUDED FROM DOING IT.
OKAY. SO DO WE HAVE TO TABLE IT.
WE'RE JUST BASICALLY SAYING WE'RE TABLING THE DECISION PENDING.
WE JUST POSTPONE IT AND YOU AND YOU SCHEDULE IT FOR THE NEXT MEETING.
SO SO WE JUST TABLE THE VARIANCE PART.
WE'RE NOT VOTING ON ANY OF THE VARIANCE PART TONIGHT.
YOU'VE ALREADY VOTED ON THE WE VOTED ON THE SPECIAL USE.
SO AND I'M WAITING ON THE VARIANCE FOR YOU TO COME BACK IN WITH MORE INFORMATION.
YEAH. THE CONTINUANCE OR POSTPONEMENT IS IS IS WHAT IS WHAT YOU'RE GOING TO MAKE.
[9. Continuance for 30 Days: Variance]
AND ALL IN FAVOR.SO YOU'VE MADE A MOTION FOR A CONTINUANCE AND IT'S PASSED.
OKAY. THANK YOU. WE PASSED IT.
IT WAS THREE TO NOTHING. WE WILL GIVE YOU THE CONTINUANCE ON THAT.
THANK YOU. THANK YOU, THANK YOU GUYS.
[02:25:02]
THAT'S CORRECT. JUST SO YOU ALL.WELL, OKAY, SO THERE WERE TWO OF THEM, NOT JUST ONE.
I'M GLAD SHE WAS ABLE TO DO THAT.
I ACTUALLY THOUGHT IT WAS THREE.
THAT'S. THAT WOULD BE EVEN MORE PRICEY.
WAIT A MINUTE. I'M SORRY. I DON'T KNOW, I MEAN, OH, IT DOESN'T MATTER NOW.
I'M DONE. SHE PRINTED IT FOR ME.
GOOD. BECAUSE THIS IS THE ONE I USED.
AND TODAY IT WAS GOING IN AND OUT.
ESPECIALLY THIS WEEK. WELL, SHE SAVED THE DAY.
YEAH. SO WHEN I ASK ABOUT ADDING YOU TO THE TEAM AND PATRICK IS ON THERE, BUT ONLY AS A GUEST, I SEE.
HOWEVER, YOU SHARED THE THING AT WORK THE SECOND TIME.
THANK GOD I'VE DONE IT SO MANY WAYS.
I KNOW SOMETIMES IT JUST KIND OF.
YEAH. YEAH. BECAUSE THAT WAS MY COMPLAINT.
I LIKE TS SO. AND WE HAVE TO VOTE OUTSIDE.
ARE YOU CLOSING THE MEETING? WE HAVE TO VOTE ON MINUTES.
ALL RIGHT. SO I VOTE TO APPROVE THE MINUTES.
YES. AND IT WAS JUST YOU AND I.
AND NOW, AT AGE 27, WE'RE GOING TO WE'RE GOING TO ADJOURN THE MEETING.
THANK YOU. YOU DIDN'T NEED THAT.
* This transcript was compiled from uncorrected Closed Captioning.