Commissioner Harwood moved, seconded by Commissioner Craig.
Discussion:
Chairman Wood asked that Director Burdick read aloud each item of the draft motion to
deny and the Commission would discuss line by line.
Director Burdick read item 1 into the record: “The Applicant has filed for a Special Permit
for an ‘Excavation, Major including the processing of earth product and rock prior to its
removal from the property.’ Per Zoning Regulation Section 8.16. The proposed application
is for a minimum of ten (10) years. The Zoning Regulations only allow such approvals to be
three (3) years per Regulation Section 8.16.L. The Regulations only provide for ten (10)
acres to be excavated at a time per Regulation 8.16.N.5 and this application is for excavation
far greater than the acreage envisioned.”
The Commission concurred with this statement.
Director Burdick read item 2 into the record: “The Applicant has not met its burden in this
application for the Special Permit criteria. In general, see Exhibit 313-1 and 313-12,
submitted by Attorney Wilson Carroll on behalf of Intervenors Gales Farry Fire District and
LeeAnn Berry, which has further description of some of the reasons as set forth herein and
which reasoning is incorporated herein.”
The Commission concurred with this statement.
Director Burdick read item 3 into the record: “The Application would cause traffic
congestion and undue traffic generation in violation of Regulations § 11.3.4.B. as there will
be the stopping of traffic on Route 12 during blasting and back up at lights causing
congestion; the study does not address additional traffic on secondary roads and the impact
of new development, i.e. the Great Wolf Lodge and other large developments; there is the
possibility of an altered school schedule and request for a lower speed limit that only
provides further evidence of undue traffic congestion; and there is the possibility of
additional congestion due to large trucks transporting heavy loads. In addition, dust will
leave the site during times of no operation, weekends and holidays, as winds will distribute
dust where it is not being treated with water during working hours.”
The Commission concurred with this statement.
Director Burdick read item 4 into the record: The Application would be a detrimental source
of dust and silica in violation of Regulations §§ 8.16.D.1, 8.16.D.2, 9.2.C, and 11.3.4.C.
Lack of evidence has been provided for dust that would be created when trucks go offsite,
from equipment, and from blasting. The dust may have been minimized to some degree, but
it doesn’t meet the standard as set forth in this paragraph. Dust and fly rock will leave the
property during blasting in violation of Section 9.2. C.1. The Applicant has not met the
burden of establishing that dust will not leave the property. Under § 8.16.D.1, the landscape
will be needlessly marred during and after operation”
The Commission concurred with this statement.