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Back You are here: Home Opinion Opinion Section Letters to the Editor Town Trash Station Lawsuit Waiting To Happen

Town Trash Station Lawsuit Waiting To Happen

Why did our Council adopt their own Conditional Use Permit for a Waste Transfer Site to be put at 1110 Lake Park Blvd? A resident attorney and residents of this area explained in layman's terms at our March 12, 2013 Council meeting all number of issues that SHOULD/MUST not allow this conditional use permit (CUP) to move forward.yet it did. The biggest excuse Council gave for wanting to adopt their CUP is they say they had run out of options. This excuse and their CUP will not hold up in a court of law and Council is dreaming,wishing and not thinking clearly when 4 of 5 of them think it will.
If any readers are in doubt as to the site selected by Council to allow Transfer Dumpsters is a good idea they need to view this Council meeting on TV. The schedule can be found on page 2A of the Gazette under the heading of Town meetings. One does not in the order of things ordinarily draw up a document, put in the provisions they want and be the ones to deny or adopt it. I believe this CUP gives elected officials far more power than they should have.
After reading our CUP form and its provisions more concerns comes to my mind. Such as the following:
Specific Standards of Our CUP: No conditional use "shall" be granted by Town Council unless the following provisions and arrangement, where applicable have been made to the satisfaction of the Council. The specific standards naturally may meet a majority of elected oficials satisfaction that want to see this CUP Adopted. Case in point 4 yes votes, and 1 no vote.
Specific standard: #1 Ingress and Egress to this site/property in case of fire may or may not be iffy. #6 Economic Effect, compatibility and Harmony with properties in the district. How can the provisions meet compatibility and harmony and have a good economic effect with other residential properties in this residential district on Councils designated site when at least 287+ residents oppose? The stated property to be used by the CUP is in a R-2 residential zoned area.
General Conditions of our CUP: The Town Council, in granting the permit, must also find that all (4) of the following conditions exist. Does #!,#3,& #4 cease not count? (1.) That the use will not materially endanger the public health or safety if located where proposed. Human waste from portable toilets even if they are banned will be slipped into and used, emptied in Freeman Park trash cans and at some point in the transfer of trash cans to dumpsters human waste in trash bags will be on Councils designated residential site. You can bet your bippy these trash bags will not go home with the user in an "if you bring it in and you take it out" deal. This being the reasoning for trying to ban portable toilets which won't fly due to easy concealment.
We also do not have a crap or toilet patrol. Why the use of portable toilets is popular. "Most folks would prefer to not put their bare bottoms in/on a "Port-a-jon" at Freeman Park that hundreds had used before them", thus the continuing use of portable toilets in the privacy of tents that will never stop as long as tents/camping is allowed. Council will never ban camping at Freeman Park either (their cash cow). We will also have the possibility of contamination from runoff from a future proposed Operation Dept.,and Garage. (3) That the use will not injure the value of adjoining or abutting property, or that the use is a public necessity. I do not believe that anyone on Council would have voted to allow this CUP had they owned property or resided in and around the residential property they voted to allow dumpsters much less a proposed Operation Dept. Garage and other uses the Town may deem necessary later such as was done at the MOTSU site. (4.) That the location and character of the use if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the Town land use plan. 287 folks signing a petition does not show harmony, conformity surely does not meet our land use plan or a coming increase of property values because of this deal, just the contrary. I do not believe any Superior Court Judge will rule that the total proposal in this CUP at its hearing meets harmony and conformity standards with our land use plan. A judge will simply rule "find another option" this one ain't going to fly period and then Council will be back to square one with this issue.
What this CUP will do is force the 287 folks that signed their petition in disagreement with the 4 members of this Councils CUP is carry this issue to court. Should they go to court and the rumor mill says this "shall" happen, they will win this case. Should the residents win they will in all probability sue the Town. I believe suitable property can and must be found at a reasonable cost to locate a Trash Transfer Station, Operations Dept.and Garage and restore the sanctity once again of residential zoning. While we are at it we need to change our CUP process to have more restrictions plus change our total Council at the ballot box. Have a nice day.
D.A. Lewis,
Carolina Beach, NC