HomeMy WebLinkAboutC.054.93008_0869 (2)424
Secondly, assuming it is needed, whether the applicant, the petitioner, has satisfied the
board that the dzlopment as modified will meet the development standards that are set out
in the ordinance. I am going to refer you particularly to Section 87.2 of the Ordinance,
and I am going to simply direct you to notice a couple of provisions in there, because I
think they arc going to come up as being very applicable in the sense that it,,
mainly
standards 87.2(a), (b). (e), (f), and (k).
I won't get into the standards in terms of giving you any guidance or interpreting at
this time, but I may come back at a later time, if the chairman so desires, and answer any
questions or give you some comments. Your duty as a board is to make preliminary findings
of fact, make findings of fact as to whether the petitioner has satisfied the burdens that
are set out for him. That is, whether he meets the standards and is due a modification of
the SUP.
The procedure that is set out in the regulations, I should note in terms of presen-
ting the evidence. I sce no need and certainly do not encourage making objections during
the course of the testimony. You may reserve your objections. All objections are preser-
ved and will be made in the formal record. When You sce the record itself, it is assumed
that at that time Lhat we can prove anything from the record and establish a. formal record
that will be acceptable for a decision. So you can reserve your objections for looking at
the written transcript. You will have e written transcript prepared, I assume?
Secondly, in terns of order I will ask that everyone of the witnesses and persons who
are going to make any statements whatsoever or need to ask a question be sworn in. With
regard to the order of the the presentation, I am going to ask that the staff give us the
presentation first, that we then take opening statements from the parties who have de-
clared themselves to have an interest in this proceeding. At that time, after the opening
statement, if the openinq statements, in fact, are not waived. After that we will pro-
ceed, and what I suggest is that we go with the petitioner's request first. The peti-
tioners can either start the case either by cross-examining the staff, if you so desire,
or presenting your own case and reserving that cross-examination until the end of your
case or whenever you feel it is convenient. Folloving the close of each of the peti-
tioner's witnesses, I am going to allow the cross-examination by the opponents that are
declared.
The other think I would notice is that the board members may at anytime interrupt any
of the witnesses to ask any question whatsoever. On the other hand, the audience, we
would ask t.'aat yoo reserve your questions until the end of the testimony of the person who
is testifying. That's fairly clear. If you need clarification of something said and you
can't follrca it, by 711 means interrupt and let's slow it down so we can figure out what's
being testified to.
At the close of the cast, .,ill Iiave the opponents' closing arguments and the peti-
tioners' closing arguments, and the board at that time may decide to either close the
hearing or to continue it. I won't try to anticipate what your decision on that might be.
Probably that should be the first thing you decide though.
Following that if the h^aring is closed, we will proceed to findings of fact.
Is t7,are any questions at all with regard to the proceedings? Can you hear me?
HEDRICK: Only if ther- is some people wh^ wish to speak for or against the issue
that have not registered, we would ask that you do so now.
DAVENPORT: O.K. L^tls proceed, if you would, to the Heronwood case. Administer the
oath when you cone up to testify.
CLERK: Mallard Head is first on the agenda.
DAVENPORT: I'm sorry. Let's ga on to Mallard Head.
Clerk administers the oath to Lisa Bcckham and Duane Lewis.
BECKHAM: My name is Lisa Beckham. I am the planning director for Iredell County.
Exhibit 1, site plan, presented to the board.
This is the site plan far Mallard Head condominiums, PRD, which was previously
approved by this board. Modification of this plan involves location of the wastewater
treatment plant.
The modification involved is the addition of a wastewater treatment plant on the
property. You will note that on the southeast corner of the property, a triangular point
of property. This is the only change on the plat or the drawing previously approved.
DAVENPORT: Could I ask you, was there a sewage treatment plant in the original