05SR0330
Januat)7 17, 2006 CPC
~1arch 21, 2006 CPC
.tA~pril 18, 2006 CPC
May 24, 2006 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
05SR0330
James F. Thacker
Matoaca Magisterial District
4701 and 4801 Woolridge Road
REQUESTS: I.
Renewal of Conditional Use (Case 03ANOI02) to permit a bed and
breakfast and special events business incidental to a dwelling unit.
II.
Conditional Use Planned Development to permit exceptions to the paving
of parking and driveways and driveway widths.
PROPOSED LAND USE:
Continued operation of a bed and breakfast and special events business, as well as
residential use are planned.
PLANNING COMMISSION RECOMMENDATION
REQUEST I: RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGES 2
THROUGH 4. RECOMMEND THAT THE PROFFERED CONDITIONS NOT
BE ACCEPTED.
AYES: MESSRS. WILSON, GECKER, BASS AND LITTON.
NAY: MR. GULLEY.
REQUEST II: RECOMMEND APPROVAL SUBJECT TO THE CONDITION ON PAGE 2.
AYES: UNANIMOUS.
Providing a FIRST CHOICE community through excellence in public service
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REQUEST I:
REQUEST II:
STAFF RECOMMENDATION
This business was originally permitted by a Special Exception in 2003.
After consideration of public input, should the Commission and Board wish
to approve this renewal, acceptance of the proffered conditions would be
appropriate.
Recommend approval of the Conditional Use Planned Development with the
imposition of the Condition. This recommendation is made for the
following reasons:
A. The Upper Swift Creek Plan suggests the property is appropriate for
single-family residential uses. As an interim use, requiring minimal
infrastructure would not obstruct future redevelopment of the
property consistent with the Plan.
B. A reduction in impervious surfaces reduces runoff thereby
minimizing the environmental impact on Swift Creek Reservoir.
c. The existing driveway widths and gravel driveway provide
adequate access and circulation for emergency vehiclese
(NOTE: CONDITIONS MAYBE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS.)
CONDITION - FOR THE CONDITIONAL USE PLANNED DEVELOPMENT
(CPC)
All "gravel" parking areas and drives as shown on the Master Plan shall have a
minimum surface of six (6) inches of No. 21 or 21A stone. (P)
CONDITIONS - FOR THE CONDITIONAL USE
(CPC)
( CPC)
(cpe)
1.
This Conditional Use shall be granted to and for James F. or Paulanne H.
Thacker or their immediate family, exclusively, for a period not to exceed
three (3) years from the date of approval. (P)
2.
This Conditional Use shall be limited to the operation of a Special Events
business and a Bed and Breakfast. (P)
3.
The plan prepared by Balzer and Associates, P.C., revised October 31,
2005 and titled "Celebrations at the Reservoir Affected Area Plan" shall
be considered the Master Plan. Other than normal maintenance and
cosmetic enhancements, there shall be no exterior additions or alterations
to the improvements on this Plan, nor any new construction, to
accommodate this usee This is in no way intended to restrict Celebrations
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OSSR0330-1\1A Y24-BOS
(epc)
( CPC)
(CPC)
(CPC)
(CPC)
(cpe)
(epc)
10.
periodic use of tentage with flooring, concourse and marquee as noted
within the event areas and parking areas of the Master Plan. (P)
4.
One sign, a maximum of sixteen (16) square feet in area, shall be
permitted to identify both the Special Events business and Bed and
Breakfast. (P)
5.
Any freestanding lighting shall not exceed twenty (20) feet in height. (P)
6.
The days and hours that the Special Events business shall be open to the
public shall be as follows:
a. Monday and Tuesday, closed, except for 1) nationally recognized
holidays which may be open from 9:00 a.m. to 11 :00 p.m., and 2)
New Year's Eve as noted in 6.e.
b. Wednesday and Thursday, from 10:00 a.m. to 11 :00 p.m., with any
music or live entertainment ending at 10:00 p.m.
c. Friday and Saturday, from 10:00 a.m. to 12:00 a.m., with any
music or live entertainment ending at 11 :00 p.m.
d. Sunday, from 12:30 p.m. to 10:00 p.m., with any music or live
entertainment ending at 9:00 p.m.
e. New Year's Eve, from 12:30 p.m. to 2:00 a.m., with any music or
live entertainment ending at 1 :00 a.m.
7.
At no time shall more than two hundred eighty three (283) passenger
vehicles be on the premises during Special Events. (P)
8.
Within sixty (60) days from the date the Board of Supervisors approves
the Conditional Use request, forty-five (45) feet of right-of-way along the
East side of Woolridge Road, measured from the centerline of that part of
Woolridge Road immediately adjacent to the property, shall be dedicated,
free and unrestricted, to and for the County of Chesterfield. (T)
9.
Direct vehicular access from the property to Woolridge Road shall be
limited to two (2) entrances/exits, as generally shown on the plan prepared
by Balzer and Associates Inc., titled "Celebrations at the Reservoir
Affected Area Plan" with a latest revision date of October 31, 2005. Any
modification to these access locations shall be approved by the
Transportation Department. (T)
The bed and breakfast and special events uses shall be designed and
operated so as not to generate noise levels above 50 dB(a), as measured at
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OSSR0330- MA Y24- BOS
the boundaries of the Brandermill Communities and the Highberry Woods,
Clipper Cove, Rock Harbour, Red Fern Station, Kingspoint, and
Waterviews at the Reservoir Subdivisions; and Tax IDs 717-681-6767;
717-682-6832; 718-681-3676; 718-680-1818; 718-682-9783; 718-685-
8949; 719-685-4753; 726-683-2083; and 720-681-0327. (P)
(CPC)
11.
All entertainment for special events shall be limited to recorded music,
disk jockey and live musicians limited to soloists or group performances
with 5 persons or less without the use of amplification. This condition
shall apply subsequent to November 1, 2007. (P)
(cpe)
12.
In the event that Tax ID 720-681-0327 is rezoned and subdivided to
permit a residential subdivision the operations of a special events business
shall no longer be permitted. (P)
(cpe)
13.
A maximum of five (5) special events per week shall be permitted.
Attendance at special events shall be restricted to a maximum of 250
individuals at anyone (1) function. (P)
PROFFERED CONDITIONS - FOR CONDITIONAL USE
1. This Conditional Use shall be granted to and for James F. or Paulanne H. Thacker
or their immediate family, exclusively, and shall not be transferable or run with
the land. (P)
2. Amplified sound equipment shall not exceed a noise level 50 dB(A), as measured
at the boundaries of the Brandermill Communities and the Highberry Woods,
Clipper Cove, Rock Harbour, Red Fern Station, Kingspoint, and Waterviews at
the Reservoir Subdivisions; and Tax IDs 717-681-6767; 717-682-6832; 718-681-
3676; 718-680-1818; 718-682-9783; 718-685-8949; 719-685-4753; and 726-683-
2083. Within sixty (60) days of approval of this request, information shall be
submitted to the Planning Department for their review and approval to confirm
compliance with this condition. (P)
GENERAL INFORMATION
Location:
East line of Woolridge Road and south line of Swift Creek Reservoir and better known as
4701 and 4801 Woolridge Road. Tax IDs 720-681-Part of 0327; 720-682-0474 and 3924
(Sheets 9 and 15).
Existing Zoning:
A
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OSSR0330-:M1\ Y24-BOS
Size:
42.4 acres
Existing Land Use:
Single family dwellings, areas of assembly and parking areas associated with the existing
business from the home.
Adiacent Zoning and Land Use:
North and East - A; Swift Creek Reservoir
South - A; Vacant
West - R-40 and A; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along Woolridge Road, adjacent
to this site. The public water system is available to serve this site and the Upper Swift Creek
Plan recommends the use of public water for all new development. The existing structure is
served by a private well and the applicant intends to continue to utilize the existing well to
serve this site. County Code requires connecting to the public water system when an
existing water line is within 200 feet of a property line and a building permit application has
been made for a new structure. Continued use of the existing well is permitted until such
time as a new structure is built on-site.
Public Wastewater System:
There is an existing twenty (20) inch wastewater trunk line adjacent to Rock Harbour Road,
in Rock Harbour Subdivision, that terminates approximately 2,000 feet southeast of this site.
Use of the public wastewater system is recommended by the Upper Swift Creek Plan.
However, the public wastewater system is not available to serve this site. The existing
structure on the request site is served by a private septic system. The Health Department
must approve any new septic system or the expanded use of the existing septic system.
Private Well and Septic Systems:
Use of private wells and septic tanks must be approved by the Health Department.
ENVIRONMENTAL
Drainalle and Erosion:
This request will have no impact on these facilities.
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OSSR0330-MA Y24-BOS
Water Ouality:
The Department of Environmental Engineering has reviewed the requested exception to
the paving of parking areas and certain driveways. Paving would increase runoff thereby
leaving less time for the water to soak into the ground. This exception would minimize
the environmental impact on Swift Creek.
The Master Plan locates two (2) "Event Areas" (A and C) partially within the 100 foot
conservation area of the Resource Protection Area (RP A). These areas may continue to
be used as they have over the past several years however, no land disturbance is
permitted in these areas. A site visit has confirmed the environmentally-friendly use of
the property for both the event areas, grassed parking areas and gravel drives.
PUBLIC FACILITIES
Fire Service:
The Clover Hill Fire Station, Company Number 7, currently provides fire protection and
emergency medical services (EMS). The Conditional Use request will have minimal
impact upon fire and EMS.
The Fire Department has examined the width of the existing driveways and the condition
of the graveled driveway and finds both acceptable for access and circulation by
emergency vehicles.
Transportation:
The property (42.4 acres) is currently zoned Agricultural (A), and the applicant is
requesting renewal of a Conditional Use to permit a bed and breakfast and special events
business on the property (Condition 2). Typical traffic generation information is not
available for this use. Vehicles generated by this development will initially be distributed
along Woolridge Road, which had a 2005 traffic count of 10,937 vehicles per day.
Sections of Woolridge Road, south of Genito Road, have eighteen (18) to twenty-one
(21) foot wide pavement with no shoulders, and guardrail immediately adjacent to the
road. The section of Woolridge Road across the Swift Creek Reservoir is not in the State
Highway System, and is the responsibility of the county. Based on the current volume
of traffic (10,937 VPD), that section of Woolridge Road is at capacity (Level of Service
E). No road improvement projects in this part of the county are included in the Six- Year
Improvement Plan, except for a project to improve a substandard curve on Woolridge
Road south of the Crown Pointe Road intersection. This curve has been identified as a
high accident location.
The Thoroughfare Plan identifies Woolridge Road as a major arterial with a
recommended right of way width of ninety (90) feet. The applicant has proffered to
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OSSR0330-MA Y24-BOS
dedicate forty-five (45) feet of right of way along Woolridge Road for the entire property
frontage, in accordance with that Plan. (Condition 8)
Access to major arterials, such as Woolridge Road, should be controlled. The applicant
has proffered that direct vehicular access from the property to Woolridge Road will be
limited to two (2) entrances/exits, as generally shown on "Celebrations at the Reservoir
Affected Area Plan". (Condition 9)
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for single family residential use of 2.0 units per acre. The Plan is currently
being revised. The draft Plan, as recommended by the Planning Department, is consistent
with the aforementioned recommendation of the current Plan for this property.
Area Development Trends:
The property is bordered to the north and west by the Swift Creek Reservoir. Properties to
the south and west are developed as part of the W oodlake and Kingspoint Subdivisions, are
occupied by a single family residences on acreage parcels or are currently vacant. It is
anticipated that any future area development would be for residential purposes consistent
with the densities recommended by the Plan.
Zoning History:
On September 4, 2002 , the Board of Zoning Appeals approved a Special Exception to
operate a bed and breakfast and special events business incidental to a dwelling unit (Case
03ANO 102). Conditions limited the operation to the applicants for a period of three (3)
years.
On July 2, 2003, as a result of an appeal filed by the applicant, the Board of Zoning Appeals
reversed the decision of the Director of Planning regarding the interpretation of the word
"employee" referenced in Condition 3 of Case 03ANOOI02 (Case 03AN0287).
Since approval of Case 03ANOI02, the Zoning Ordinance has been amended to require that
the requested uses may be allowed through the Conditional Use process.
Uses:
Proffered conditions would restrict the operation to the applicant, his wife or immediate
family only (Proffered Condition 1). Condition 1 would similarly restrict the operation, but
would limit the time period of the Conditional Use to three (3) years.
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05SR0330-~ Y24-BOS
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Site Design:
Condition 3 would preclude additions and exterior alterations to any structures on the
property for this use, thereby limiting the business to the existing improvements noted on
the proffered Master Plan. Within "Event Areas" and parking areas as shown on the
Plan, tent facilities may be used to accommodate the special events business. Condition 7
would restrict the number of vehicles that could be parked on the site based upon the
number of spaces provided.
The Zoning Ordinance requires that driveways and parking areas serving more than four
(4) vehicles be paved with concrete, bituminous concrete or similar material. One (1) of
the two (2) driveways serving the property is graveled and the majority of the parking
areas are either graveled or untreated (grassed). An exception has been requested to
permit continued use of these unpaved driveway and parking areas. This exception
would facilitate future redevelopment of the property consistent with the suggested
residential uses of the Plan and would promote compatibility with existing area residential
development (Condition - Conditional Use Planned Development). In addition, this
exception would reduce runoff, minimizing the environmental impact on Swift Creek.
The Zoning Ordinance requires that driveways serving one-way traffic be a minimum of
twelve (12) feet to fourteen (14) feet in width, depending upon the location of parking
served. An exception is requested to reduce this width to a minimum of ten (10) feet.
The Fire Department has visited the site and has indicated that the existing driveway
widths adequately accommodate the access and circulation of emergency vehicles.
Hours of Ooeration and Lighting:
Condition 6 would limit the days and hours that the operation is open to the public. Based
upon concerns of area residents and the Matoaca District Commissioner, the applicant
has further restricted Monday and Tuesday operations and hours for music and live
entertainment beyond that previously approved with Case 03ANOI02. Condition 13
further limits the number of events per week to a maximum of five (5).
Condition 5 would limit the height of freestanding lights.
Noise:
In an attempt to address concerns of area residents and the Matoaca District
Commissioner, the applicant has proffered that the amplified sound equipment will not
exceed a noise level of 50 dBa, as measured from the boundaries of the surrounding
subdivision developments and acreage parcels (Proffered Condition 2). Proof of such
conformance would be submitted to the Planning Department for review and approval.
Levels of 65 dBa or lower have been consistently applied to cases where noise-generating
uses are neighbored by residential uses.
8
05SR0330-11A Y24-BOS
It should be noted that this proffer addresses only the noise produced by amplified sound
equipment; no other noises generated by the operation would be monitored. Further,
enforcement of this proffered condition would be difficult, given that noise generators
would have to be distinguished.
The Commission was not satisfied that Proffered Condition 2 adequately addressed the
noise concerns and therefore, recommended imposition of Condition 10 which
establishes a decibel level limitation for all uses on the property.
CONCLUSIONS
This business was originally permitted by a Special Exception in 2003. If this were a new
request, staff would not be in support of the use as the property is located in a residential area
that is experiencing new growth. This, however, is a renewal of a previously granted
Conditional Use. After consideration of public input, should the Commission and Board wish to
approve this renewal, imposition of the conditions would be appropriate.
The Upper Swift Creek Plan suggests the property is appropriate for single-family residential uses.
The requested exceptions to the paving of parking and driveways and driveway widths would allow
this interim use of the property with minimal infrastructure so as not to obstruct future
redevelopment of the property consistent with the Plan. Further, less impervious surfaces minimize
the environmental impact on Swift Creek. The existing driveway widths and gravel driveway
continue to provide adequate access and circulation for emergency vehicles. Given these
considerations, approval of the Conditional Use Planned Development is recommended subject
to the imposition of the Condition.
CASE HISTORY
Planning Commission Meeting (1/17/06):
The applicant accepted the recommendation. There was opposition and support present.
Concerns were expressed relative to the lack of time to review the submitted proffered
conditions; noise, hours of operation and the lack of limitation on the size and number of
special events; and the impact on area property values. Support was expressed relative to
the operation being environmentally sensitive and a good neighbor.
Mr. Gulley indicated that the case included no mechanism to penalize the applicants for
violations of conditions; that noise levels were not tested by a certified expert; that there
were no limitations on the numbers of people and events, nor a time limit on the
operation; that the applicant had not involved affected residents of the Brandermill
Community; and that he could not support the case as presented.
Mr. Gecker suggested that the case be deferred to provide the community with time to
negotiate conditions that may satisfy their concerns.
9
05SR0330-~ Y24-BOS
Mr. Bass noted that enforcement of the numbers of people attending events is difficult;
that he had participated in the noise testing and witnessed improvements in noise levels
as suggested by the proffers; and that the case, as proffered, was significantly improved
over the original case. Mr. Bass indicated that due to the late submittal of the proffered
conditions, he would support a deferral to allow time for concerned residents to work
with the applicant on noise issues.
On their own motion, the Commission deferred this case to their March 21, 2006, public
hearing.
Staff (1/18/06):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than January 25, 2006, for consideration at the
Commission's March public hearing.
Applicant (2/17/06):
The applicant's agent advised staff, the Matoaca and Clover Hill Commissioners and a
representative of the Riverbirch Trace community in Brandermill that noise testing for
the special events operation would be performed by a certified noise engineer on
February 22, 2006.
Applicant (2/28/06):
Proffered Condition 6.c. was amended.
Planning Commission Meeting (3/21/06):
On their own motion, the Commission deferred this case to their April 18, 2006, public
hearing.
Staff (3/22/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 27, 2006, for consideration at the Commission's
April 18, 2006, public hearing.
10
OSSR0330-MA Y24-BOS
Applicant (3/23/06):
Proffered Condition 10 was amended.
An acoustical study for the special events operation was submitted with recommendation
for sound equipment and noise control devices relative to Proffered Condition 10.
Area Property Owners, Applicant, Staff and Matoaca District Commissioner (3/28/06):
A meeting was held to discuss this case, to include a review of the acoustical study and
recommendations. Concerns were expressed relative to the lower decibel level results of
the acoustical analysis in comparison to the proffered decibel level; the need to
implement the recommended noise controls and examine their effectiveness; an
additional limitations on the number of special events per day/year and the time period
for the Conditional Use.
It was generally agreed that the applicants would re-examine the proffered decibel level.
Applicant (4/3/06):
Proffered Condition 10 was amended.
Applicant (4/18/06):
Revised and additional proffered conditions were submitted.
Planning Commission Meeting (4/18/06):
The applicant did not accept the recommendation. There was support and opposition
present. Those in support indicated the applicants provided a service for the community.
Those in opposition expressed concerns that the use does not comply with the Plan; has
created noise issues for area property owners; may adversely impact water quality;
inability to effectively enforce the zoning conditions; that the conditions allow too many
persons to attend events, too many events; and fail to restrict number of employees.
Mr. Gulley expressed concerns that there would be no effective way to measure decibel
levels; that the number of days the use would operate is too many; and that the conditions
fail to limit the time period for the Conditional Use.
Mr. Gecker indicated that he felt there were concerns yet to be adequately addressed. He
suggested that he use be granted for one (1) year.
11
OSSR0330-MA Y24-BOS
Mr. Bass indicated that the applicants have attempted to address neighbors' concerns and
that there had only been one (1) registered noise complaint to the County in the last year.
On motion of Mr. Bass, seconded by Mr. Litton, the Commission recommended approval
of Request I (Conditional Use) subject to the conditions on pages 2 through 4 and that the
proffered conditions not be accepted.
AYES: Messrs. Wilson, Gecker Bass and Litton.
NA Y: Mr. Gulley.
On motion of Mr. Bass, seconded by Mr. Litton, the Commission recommended approval
of Request II (Conditional Use Planned Development) subject to the Condition on page 2.
AYES: Unanimous.
Applicant (5/10/06):
With the exception of the two (2) proffers stated herein, all other proffers were
withdrawn.
The Board of Supervisors, on Wednesday, May 24, 2006, beginning at 7:00 p.m., will take under
consideration this request.
12
OSSR0330-11A Y24-BOS
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Chairman King, Mr. Ramsey and members of the Board of Supervisors
For the record I am Tony Giordano speaking on behalf of the Brandermill
Community Association Board of Directors and the residents of Brandermill
in regards to the Thacker/Celebrations case. I have reviewed the
recommendations forwarded to you from the Planning Commission. By
and large we are supportive of this case and publicly want to thank Mr.
Thacker for his willingness to listen to everyone's concerns and modify his
application. We have gotten involved because our residents have
concerns with which we agree. Some of our concerns in this case have
already been addressed by the applicant and with the conditions imposed
by the Planning Commission and staff and we support those changes.
However, we do continue to have some issues, presented at the Planning
Commission meeting, that do not appear to be addressed as the case is
written. Possibly these issues are more with County standards than with
the applicant. We want to be a good neighbor with Celebrations and hope
for their success. However concerns that remain in increasing order of
importance are as follows: 1) the use of portajohns for large crowds when
this is clearly a commercial use, 2) hours of operation and 3) noise and
how exactly will the 50db boundary limits be monitored?
1) Septic Tank and Portajohns:
This appears to be a Conditional Use to allow a profit making, commercial
operation. Allow it but require commercial specifications for sewer, not
portajohns.
2) Hours of Operation:
The hours of music indicated in Condition 6 should be in accordance with
County Code 28-14, no outdoor music after 9PM within 200 yards of
another dwelling. Exceptions for nationally recognized holidays and New
Years Eve are appropriate. Granted, 28-14 does not exactly fit here but it
is the closest thing in the County Code. Why deviate?
3) Noise and monitoring:
Condition 10 for noise, 50 dB at property boundary lines is based upon one
6 hr testing period performed on the last Friday in February around noon.
Based upon the information provided by Celebrations' Sound Consultant,
David Poindexter, we believe these limits are appropriate maximum starting
points and appear to be no more than 5 dB greater than the ambient noise
levels measured at different boundary sites on the test date. However we
are quite sure that ambient noise is different and probably lower on a
Friday or Saturday night in the summer and fall when most Celebrations
outdoor events will occur than at noon on a Friday in February. Multiple
factors playa role in ambient noise levels and sound transmission and
what makes additional sounds intrusive. Simply put however any sound 5-
7 dB louder than ambient noise levels will be picked up easily by normal
people and perceived as intrusive. That being the case, the 50 dB level
may be too high for those times and only real time measurements at the
boundaries that can be correlated with sound levels at Celebrations will
answer that question. I have concerns as to how the Planning Department
will determine compliance to the sound conditions of this case at the
boundaries unless they either have employees at the boundaries while
events are occurring or have boundary line sound monitoring recorders.
Coming out the next working day after a complaint is lodged does not seem
to be a method of determining compliance nor does reviewing recorder
data onsite at Celebrations give a 1000,10 reliable estimate of sound levels at
the boundaries listed in Condition 10. The sound must be monitored at the
boundaries listed in the conditions and not just onsite. A method of
acceptable boundary line sound monitoring must be a condition in this
case. If nighttime ambient noise is lower than anticipated and 50 dB sound
is too high then Celebrations should be required to turn down the volume
and the Condition 10 limits must be lowered.
In summary, nothing is certain until Celebrations is operational with their
new equipment and stage configurations. There are numerous point
sources for noise in Brandermill, many of which were there before there
was a Brandermill such as Southside Speedway, Clover Hill HS
Band/Football games that we all live with on an intermittent basis.
However Celebrations will be more than an intermittent generator of noise.
That being the case our Board believes the conditions we have suggested
should be seriously studied and should be required in this case. You have
the tools at your disposal to do this
Thank you for your time and attention
5/24/06
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