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Permit OK’d for solar farm
by Bob Shiles
Staff writer
Hubert Sealey made the motion to grant the permit.
Hubert Sealey made the motion to grant the permit.
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LUMBERTON — After hearing additional evidence, the Robeson County Zoning Board of Adjustment on Monday reversed last month’s decision by the Board of Commissioners to deny a conditional-use permit for a solar farm in a Residential Agricultural district just outside of Rowland.

The five commissioners making up the board — Noah Woods, Raymond Cummings, Tom Taylor, Hubert Sealey and David Edge — all voted in favor of granting the permit. Commissioner Lance Herndon voted against granting the permit, but he was not appointed at the beginning of the meeting to be a voting member of the five-member board.

“All I can say is I’m very disappointed in county politics,” said Elizabeth Hunt, mayor of Rowland.

Rowland officials and several adjacent property owners have opposed construction of the five-megawatt farm to be built on about 35 acres of a 64-acre tract on N.C. 130. They have raised concerns about possible health effects and nearby property values if the proposed farm is built. They said the property should remain as farmland or be developed in a way that will create jobs.

Hunt was among about a half dozen Rowland residents to speak out Monday. The residents, however, did not provide any new evidence.

The appeal was made by Strata Solar of Chapel Hill, and McCallum Farm LLC. Elizabeth C. Trahos, an attorney from Raleigh, and six people, including engineers and real estate appraisers, spoke in defense of the project.

They said the farm will not lower property values, or interfere with the normal development.

Commissioner Hubert Sealey, who represents the district, made the motion to approve the conditional-use permit contingent on the developer of the farm meeting all of the regulations established by the Planning Board.

Sealey said that he met last week with a representative of Strata and about 35 concerned residents.

“The bottom line was that most were concerned about the location,” said Sealey, who had voted against the permit in April. “I personally had some questions and concerns about health and safety, but they were answered.

“I don’t know of anyone who was at the meeting that could have left without getting answers to their questions,” he said.

According to plans for the farm, 26,000 solar panels will be installed, and the farm will enough electricity to power 750 to 800 homes a year, increase property taxes on the land from $685 to $28,410 a year and employ about 130 workers during a construction period.

Comments
(15)
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jbond.jacobs@gmail.com
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May 07, 2013
For tax purpose $28,000 a year for a solar energy farm use is a lot better than $700 a year for farm use . Maybe our tax rate will be lowered and our light bills.

Thanks. Commissioners
BBBD
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May 07, 2013
The money for the property tax that will be paid has to come from somewhere, and that somewhere is consumers. So it's not likely that you'll see a decrease in your light bill. And if you're hoping any government will lower taxes because of a increase in revenue, then you'd better pack a lunch.
payup
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May 07, 2013
This is another example of business taking advantage of poor counties banking on giving a select few the upper hand and the citizens being disregarded. The only business the commissioners are interested in is Quick Cash, done with a grip and a grin. Our County is filling up with chicken houses, solar farms, gas fracking and a want a be sand mine. Citizens- do your research. There is a reason they are here. It is sad that the Commissioners have NO PRIDE in the county they are representing. In the end when the county is #1 in the nation for cancer cases. We never have to worry about the Commissioners acting on clear legal precedent. We have ourselves to blame for keeping them in office.
Thussayeth
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May 07, 2013
I must disagree. This is about a land owner maximizing the value of his property, and receiving the benefit of his bargain. Doesn't mean the commissioners aren't self-interested, just means approving a conditional use permit is not indicative of any self-interest. The fact that the county will receive an exponential increase in tax revenue is merely an expected consequence of an exponential increase in the value of the land. Want your property taxes to go up, put $50 million in improvements on your land...

ROSSisRIGHT
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May 07, 2013
All I can say is, look at what you voted for as your commissioner. How? Why? This man is no good. He's in this for himself and doesn't represent the folks in that area at all.

I would like to know exactly how those district lines are drawn. Start there....
Thussayeth
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May 07, 2013
Good government is demonstrated when politicians effectuate the will of their constituents in so much as the law allows it. Yes those loudest in and around the town of Rowland were opposed to this permit, but their position was not supported by any recognizable legal authority. Here the commissioners did the right thing by acting on clear legal precedent requiring clear and convincing evidence before denying a land owner a conditional use permit. Opposition rooted in speculative assertions and paranoia is leaps and bounds away from being sufficient. If politicians acted solely in response to the will of the majority, then rule of law would be meaningless. Many who editorialize their opinions from time to time on these boards would likely lose that right, especially if Anti-Percykutionists had their way. Thankfully, elected officials are bridled by laws and precedent when they hold hands with the fingers that elect them....
BBBD
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May 07, 2013
There's nothing wrong with majority rule when it doesn't infringe on the rights of others. The land is zoned residential/agricultural and the residents don't want the solar farm. That's enough to deny a permit. A fellow in St. Pauls wanted to open a community computer lab (not a sweepstakes) and he was denied a conditional use permit repeatedly in spite of support from the community. Elected officials around here do as they please and then spin the law to suit their needs.
looking
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May 07, 2013
Thanks Mr.Thussayeth,it appears there is still some common sense folks in the county
Thussayeth
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May 07, 2013
Except here the majority was attempting to infringe upon the property rights of a land owner's lawful use of his own land. Had the majority prevailed, individuals with zero pecuniary interest in property would have more control over the property than the individual owning it; that's socialism at its core. Legally speaking, if those opposed to the permit wanted to prevent its approval they could have collectively purchased it and the property rights along with it. If you disagree, allow your neighbors to tell you how to use your houses, your lands, your cars, your guns, etc. If their opinion and vote matters so much, then you want have a problem when they decide what you're rights are.

To respond to your point about the zoning, the intrinsic purpose behind a conditional use permit is to allow zoned property to be used for a purpose other than what its intended (I.e. churches, cemeteries, gas stations). The land owner followed the county guidelines, met all the required conditions, and thus was entitled to the permit, not just according to robeson county's zoning guidelines, but also according to North Carolina courts. Those concerned were rightfully entitled to their opinions and afforded an opportunity to offer evidence (not opinion) on why the permit should be denied. According to the Robesonian, they offered none, far from satisfying a material and substantive legal requirement. Due process was afforded, evidence was received, and the weight of the evidence tipped greatly in favor of granting the permit.

Ultimately this was about a "thousand friends" who decided to act unfriendly toward one of their neighbors. I've heard one was quoted as saying he hated to know we lived in a country where a person could do with his land as he pleased. I'm thankful we live in a country where he can, especially when he follows the rules....
BBBD
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May 07, 2013
The landowner could petition to have his land zoned industrial.
ROSSisRIGHT
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May 08, 2013
Thusayeth: Land owner rights have stipulations, sir.

I'm gonna show you Ross style how you're wrong.

I bought some land next to you. You have a 5000 square foot home worth a half a million dollars. On Sunday's you have outings with family and friends who envy your beautiful spread, while you sit back on the porch bragging about your neighborhood and how nice it is.

Now, the land I bought next to you is MY LAND, and according to YOU I can do whatever I want. I plan on setting up my 25 year old "trailer house" and towing 4 junk automobiles over and place them on cinder blocks for parts,( and I plan on fixing one up soon, when I get my tax money). I have 3 dogs(mutts) I'll let wonder around my property and one is a Rottweiler mix and she bites, so watch your kids and make sure they don't wonder on my property and get bit. I'll have plenty of those big orange signs posted "NO TRESSPASSING" and "PRIVATE PROPERTY", to protect me. I'm also planning on a small hog farm, maybe 15 -20 sows and hogs, to make some side money and pay no mind to all my Cock Rooster pens, I don't fight chickens, they're my kids pets.

I'd like to say hello new neighbor, and walk over and sit with me on the porch sometime, just mind the dogs.......

ps. It's MY land.......

Ross, your new neighbor!
Thussayeth
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May 08, 2013
Never said that land rights were absolute or without stipulation, only that they could withstand mere speculation and public anxiety in a legal setting. The landowners in this case faced numerous stipulations, and according to the zoning board satisfied each one. For that reason, the land owners were entitled to the permit unless material evidence was presented at a hearing to substantiate legitimate reasons to do otherwise.

To illustrate, a common concern held by the neighbors was that the solar farms would decrease the property values in the area. However, no evidence was presented to support that claim even though the neighbors had two opportunities to do so. On the contrary, the applicants presented expert testimony by real estate appraisers that the property value would remain unaffected. Now you may dispute the accuracy of their conclusion but no rebuttal evidence was provided by the neighbors. That's the way due process works; both sides are given the opportunity to be heard and provide competent evidence and the side with the most convincing evidence prevails. In this case, evidence was only presented by one side. An easy call for any administrative tribunal.

As to your colorful depiction of junk yard dogs and junk cars, if the person living in those derelict conditions is capable of purchasing property so valuable and satisfying the property taxes and local ordinances concerning untethered animals and junk cars and does not have to obtain a zoning permit, then yes my only recourse would be to have sour grapes. You got me on that one...
BBBD
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May 07, 2013
So much for representing the people who elected you. The town didn't want it. That's sufficient enough to deny the permit. Are there any principled elected officials in this county at all?
rhsgrad
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May 07, 2013
Ditto, Mayor Hunt!

I must say I'm not surprised but AM surprised to see Rowland's commissioner made the motion to approve --- REALLY???!

Just remember, elections later this year (although i don't believe Sealey is up..)

sigh..
PercyKution
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May 07, 2013
I TOLD YOU!!!! I said it right here in THE ROBESONIAN!!! I said as soon as the RIGHT AMOUNT OF MONEY was put in the RIGHT HANDS, Strata Solar would get EXACTLY what they wanted. And that's EXACTLY what happened. Hell ain't hot enough for these COCKROACH CLOWNMISSIONERS!!! I hope they're ALL wearing gasoline britches when they go.
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