A revised Conditional Use Permit (CUP) for The Barn at Timber Creek and a new CUP for a proposed event venue were both recommended for approval by the Cumberland County Planning Commission April 22.

The revised CUP brought some questions and concerns from some members of the commission, which was reflected in a nearly divided vote of four members in favor of the project, two opposed and one abstaining.

The CUP for The Barn at Timber Creek remains nearly identical to the one approved by the county when the event venue at 525 Holman Mill Road was first approved, except to include four events each year in which more than 300 participants could be allowed.

The Barn at Timber Creek owner Whitney Lipscomb said she doesn’t necessarily anticipate there being more than 300 people for these events, but said the condition acts as a safe guard in the event there are more than 300 people. With this condition, the event venue also does not violate any county rules. She invited commission members to come by, and said the venue recently held an Easter egg hunt for residents.

One person spoke during the hearing in addition to Lipscomb. Carolyn Banton, who owns property adjacent to The Barn at Timber Creek with her husband, Dr. Robert Lee Banton, said the memorandum of understanding she and Robert signed with land owners Larry and Deborah Thompson does not represent the current or proposed amendment to the CUP with the county.

The memorandum was for a perpetual easement that would run through the adjacent landowners’ properties.

A section of the memorandum signed in July 2016 cited, according to a Herald report, “said easement herein described includes, but is not limited to, the use of said easement for access, ingress, and egress, by the Grantees, their successors, heirs, assigns, partners, associates, agents, contractors, subcontractors, participants, guests, patron, invitees, permittees, and licensees, to and from Holman Mill Road and the Grantees’ property for agritourism activities occurring on the Grantees’ property attended by no more than 150 persons, including vehicles and traffic related thereto, and for the setup and teardown for such activities.”

This same concern was brought up by Vice Chair Randy Bryant, who asked if the easement agreement conflicted with the county’s CUP.

County Administrator and Attorney Vivian Seay Giles said in January, and similarly during the commission meeting, that the language in the easement phrase, “easement herein described includes, but is not limited to,” does not contain a contractual or legal limitation to the document. She said, in her opinion, the figure of 150 people would be considered an example, but not a limitation.

Carolyn said that they were not aware of the county’s conditions and how they differed from the memorandum.

Carolyn said when events are outdoors, she and Robert live close enough to the venue that they can hear all of the noise and music that comes from the venue, even into the night.

The concern of the venue was also discussed during a Board of Supervisors meeting in January, in which there had been a condition to accept more than 300 people at events. The condition was ultimately stricken from the permit.

District Two commission member Stephen Donahue asked to see the property maps, which Carolyn showed him and other commissioners.

Bryant and at-large commission member Leo Henderson both said they were not entirely comfortable with the CUP due to the easement agreement.

District Four commission member Hubert Allen said The Barn at Timber Creek is in his district. He praised the positive effect the venue provided to the county and said he supported the CUP.

Allen asked that the venue adhere to federal, state and local regulations and the county quiet times, which last from 11 p.m. to 7 a.m. This means that any event would need to close down at 10 p.m., and that the venue be completely vacated by 11 p.m.

Chairman Dr. William Burger said that the situation with the easement would have to be addressed by the members of the party involved with the agreement. He said the easement would not affect the county CUP.

Donahue asked if the potential to buy a parcel of land near the event venue and move the driveway away from

Donahue, Burger, Allen and at-large commission member William Flippen voted to approve the CUP. Bryant and Henderson voted to oppose the CUP, and District Five commission member Roland Gilliam voted to abstain.

NORTHFIELD PLANTATION

The proposed event venue, Northfield Plantation, is located on approximately 49 acres at 189 Old Buckingham Road.

“A conditional use permit application (CUP 16-03) for the use of this parcel as an event facility was approved in April, 2016,” a staff report by Planning & Zoning Administrator J.P. Duncan cited. “The previous owner was unable to follow through on their plans to operate an event facility, so the CUP expired. Under new ownership, a new CUP is now being applied for. There are plans to renovate existing structures on the property as needed. Events that would be held on the property include, but are not limited to, weddings, charity events, and general community events.”

The CUP includes seven conditions that are virtually unchanged from the conditions approved in April 2016, which enforce noise restrictions between 11 p.m. and 7 a.m., and if county or state law enforcement are required to respond to restore order to those on the property more than two times in a 30 day period, the conditional use permit may be reviewed by the Board of Supervisors and may be revoked at the Board’s discretion.

Members of the commission voted unanimously to recommend the Northfield Plantation CUP to the Cumberland Board of Supervisors.