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ATTACHMENT TO APPLICATION - APPEAL OF STAFF ACTION Basis for Appeal: Conditions/Findings bung annealed and resons therefor: The basis for this appeal is that the revisions to the approved action for Site Approval Application No. SA-98-76 will be significantly detrimental to the public health, safety and welfare and will be injurious to the property or improvements of adjacent properties, is not compatible with the surrounding area and will have an adverse effect on nearby properties. The approved revision expands the hours of operation of the applicant's concrete product manufacturing and storage facility from 8:00 a.m.-5:00 p.m. to 5:00 a.m.-9:00 p.m. and expands the facilities days of operation from Monday-Saturday to seven days a week. Operation of the applicant's concrete product manufacturing and storage facility generates substantial levels of noise and dust (from concrete mixing operations) which adversely and unreasonably affect the adjacent properties. The adjacent properties are residential and the residential improvements to adjacent properties had been established many years prior to establishment of the applicant's facility. While the adjacent residents have tolerated these adverse conditions generated by operation of applicant's facility during its previously authorized hours of operation,the revised hours of operation will cause the adjacent residents undue injury, hardship, and impairment of their peaceful enjoyment of their properties. The exposure of most adjacent residents during the 8:00 a.m.-5:00 p.m. hours of operation is generally limited as they may be away from their homes for much of this period for reasons of employment or business; this is not true for the expanded hours of operation. The noise generated during the expanded of the hours of operation from 8:00 a.m. to 5:00 a.m. will impact the normal sleep patterns of adjacent residents. Furthermore, it should be noted that the applicant has on many occasions failed to limit his operations to the hours for which he was previously authorized, causing at least this appellant to be awoken in the early morning hours. Interruption of normal sleep patterns is injurious to the health and welfare of the adjacent residents and may lead to impairment to the immune response system. The fatigue suffered by adjacent residents due to interruption of their normal sleep patterns is detrimental to their safety as they go about their daily business, which for some of the affected residents includes operation of equipment and machinery. The noise and dust generated by the applicant's expansion of operations from 5:00 p.m. to 9:00 p.m. and to Sunday pperations will significantly and adversely affect the ability of adjacent residents to peaceable enjoy their property and to hold small, informal gatherings on their properties. It is difficult to conduct a Sunday morning bible study meeting over the noise suffered due to applicants operations. It is neither healthy nor enjoyable to conduct a family barbeque while concrete dust settles upon the food. Moreover, adjacent residents have suffered a significant loss of privacy due to the applicant having raised the ground level of his plant by several feet relative to that of adjacent properties. Furthermore,the residents/property owners adjacent to the applicants facility were