Event at 205 S. 5th

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SA

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Jun 11, 2013, 9:01:34 PM6/11/13
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Good evening neighbors.
Tonight I noticed several large trucks parked on both sides of Fatherland near South 5th Street.

This is of course Luc Boivin's place, aka Larry and Larry's house.  Luc spoke to us a a few weeks ago about mentoring kids with swords.  Yup.

I went by to ask what was going on.  They said there was a film shoot for a movie and that they had all the required permits.  They didn't have any copies of the permits handy, but I may be able to check later to see if they actually did get them.

In any event, they promised that it would be a quiet shoot and it would be over and out "well before midnight," not that I would trust them, based on their track record.
If anyone in that area is inconvenienced in the slightest: loud noise, bright lights, traffic, low water pressure... you name it, report the disturbance.

The Metro "Urgency Without Emergency" phone number is (615) 862-8600.    

Gracie Porter

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Jun 11, 2013, 9:58:25 PM6/11/13
to SA, historic...@googlegroups.com
Thanks for the info. 

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David Parker

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Jun 12, 2013, 12:00:58 AM6/12/13
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Sean, Thanks for the info. I saw that as I drove home around 7:00 PM this evening. After what I saw and heard from Luc and Peter at our last neighborhood meeting, I no longer believe or trust either one of them.

David



From: SA <sea...@gmail.com>
To: historic...@googlegroups.com
Sent: Tuesday, June 11, 2013 8:01 PM
Subject: [HistoricEdgefield] Event at 205 S. 5th

C.norton

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Jun 12, 2013, 12:57:26 AM6/12/13
to SA, historic...@googlegroups.com
Thanks for the vigilance, Sean.
CN
----- Original Message -----
From: SA
Sent: Tuesday, June 11, 2013 8:01 PM
Subject: [HistoricEdgefield] Event at 205 S. 5th


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Thom J Brown

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Jun 19, 2013, 4:01:34 PM6/19/13
to C.norton, SA, historic...@googlegroups.com, Mike Jameson
THANK YOU AS WELL.  These guys care nothing about rules, or the neighborhood.  And they have continually broken the law. 
 
We must keep posted and be vigilant about this issue, OR THEY WILL SLIDE IT RIGHT BY US!!
 
Mike, any advice ??  We SO miss your dedication!
Sincerely, Thom Brown
 

Thom J Brown

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Jun 20, 2013, 10:48:40 AM6/20/13
to pete.we...@gmail.com, Diane Neighbors, ma...@nashville.gov, Russell Dimmitt, historic...@googlegroups.com, Wayne Goodwyn, Carol Williams, Norton Carol, SA, Betty Green
Peter,
 
I do not feel we are getting the response required and/or deserved regarding the property at 209 South 5th as it continues to be ignored.
 
I write to you as past President of Historic Edgefield for many years/terms in the past and the owner of 5 properties in Historic Edgefield (two of which are immediately to the north of 209 South 5th).
 
1) The current owners have held many parties/events on the property, without permits and you have been notified regarding such parties/events. 
 
2) They have applied to have it rezoned as an event property.
 
3) The residents of Historic Edgefield, as you are also aware via the well attended Historic Edgefield meeting,  IS STRONGLY AGAINT THE REZONING OF THE PROPERTY.
 
4) The current owners are known for, in this situation and others, COMPLETELY IGNORING THE LAW and do exactly as they choose.  This demonstrates a total disregard and lack of respect for our neighborhood for which we have have revived, invested many years, many dollars and countless hours making it what it is today A RESIDENTIAL NEIGHBORHOOD.
 
5) Other large properties such 209 S. 5th, (example 809 Russell St.) have been successfully renovated and remain to this day residential dwellings and WITHIN THE APPROVED ZONING GUIDELINES.
 
6) MANY investors have come to us OVER MANY YEARS with the term "financial hardship, etc." ie. to much money invested, too few units, must change to zoning to make the $$$ numbers work, etc.  WE HAVE ALWAYS DECLINED THE CHANGING OF OUR CURRENT ZONING, WHICH SETS A PRECIDENT FOR ALL OTHERS TO FOLLOW.
 
7) The current owner bought the property knowing the zoning, but is used to getting his way, and doing whatever it takes to get what he wants.
 
8) WE are VERY concerned about the lack of support and response from you (who represents the city to our zone) on this issue.
 
AGAIN, FOR THE RECORD WE ARE OPPOSED TO THE REZONING!  AND WANT TO BE SURE YOU KNOW THIS POINT, BECAUSE THIS CANNOT BE ALLOWED TO SLIP UNDER THE RADAR.  They have proven to do as they please and will push this right by you and the neighborhood if this is not dealt with properly and immediately.
 
We as a neighborhood and I as the closet property owner am now waiting for your and the city's response on a plan to stop these parties and certainly STOP the rezoning of the above mentioned property at 209 South 5th Street.
 
We and I will look forward to an expeditious response and proposed plan from you.
 
Most sincerely, Thom Brown
 
 
 

From: C.norton <c.no...@comcast.net>
To: SA <sea...@gmail.com>; historic...@googlegroups.com
Sent: Tuesday, June 11, 2013 11:57 PM

Thom J Brown

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Jun 21, 2013, 3:36:52 PM6/21/13
to pete westerholm, Diane Neighbors, ma...@nashville.gov, Russell Dimmitt, historic...@googlegroups.com, Wayne Goodwyn, Carol Williams, Norton Carol, SA, Betty Green
Thank you for the reply.  Just know that I (and many others) do not trust anything they say, so we must take it with a grain of salt and watch our backs and keep our ears open. 
Because make my words they have proven not to be good neighbors and do not care one bit about anyone but themsleves!  And they will bypass us all if they are allowed to do so!
 
Most sincerely,
 
From: pete westerholm <pete.we...@gmail.com>
To: Thom J Brown <thomj...@yahoo.com>
Cc: Diane Neighbors <diane.n...@nashville.gov>; "ma...@nashville.gov" <ma...@nashville.gov>; Russell Dimmitt <radi...@comcast.net>; "historic...@googlegroups.com" <historic...@googlegroups.com>; Wayne Goodwyn <wgoo...@comcast.net>; Carol Williams <wac...@bellsouth.net>; Norton Carol <harley...@comcast.net>; SA <sea...@gmail.com>; Betty Green <gree...@bellsouth.net>
Sent: Thursday, June 20, 2013 12:29 PM

Subject: Re: [HistoricEdgefield] Event at 209 S. 5th

Mr. Brown,

I apologize for not being able to respond earlier; I had been in touch with Codes, but until this week, I was not able to meet with the owners of the property to discuss the situation.

Currently, there is no application in at Planning for a zone change, nor a use change. I believe they would like to continue the conversation about the future of the property, but there is nothing specifically filed at this time.

As for events, I am only aware of two: a wedding and a film shoot. According to the owners, the wedding was for a friend and they did not charge any fee. The film shoot had all necessary permits, just as other film shoots taking place in the neighborhood are required to have. 

As I stated at the Edgefield meeting, I would like to continue a constructive dialogue about this property, including scenarios that might allow for something other than a single family residential. It is not my intention to allow anything without an appropriate level of neighborhood support. I look forward to further discussion.

Kind regards,

Peter

Thom J Brown

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Jun 22, 2013, 4:12:25 PM6/22/13
to pete.we...@gmail.com, Thom Brown, Diane Neighbors, ma...@nashville.gov, Russell Dimmitt, historicedgefield, wgoo...@comcast.net, Carol Williams, Norton Carol, sea...@gmail.com, Betty Green

Interesting article which might explain a little about the owner of the property and his ethics.

Please take time to read the entire article (link below). Joe Swanson and Swanson Developments.

http://geographytsu.freehomepage.com/wetlandsRutherfordCo.htm

We are not dealing with people with a good history. Past behavior predicts future behavior, beware.

Sincerely, Thom Brown

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Subject: Re: [HistoricEdgefield] Event at 209 S. 5th
Sent: Fri, Jun 21, 2013 7:36:52 PM

Thom J Brown

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Jun 22, 2013, 6:26:50 PM6/22/13
to pete.we...@gmail.com, Thom Brown, nan...@bellsouth.net, Diane Neighbors, ma...@nashville.gov, Russell Dimmitt, historicedgefield, wgoo...@comcast.net, Carol Williams, Norton Carol, sea...@gmail.com, Betty Green

Sure, here you go. There is lots of information found on the internet about Swanson Developments. As well as Swanson MINISTRIES, :-(

The Tennessean
Friday, 11/08/02

Rutherford County's swamp
At the very least, Rutherford County officials failed to do their
homework on a land purchase for an animal shelter.

The Rutherford County Commission purchased 4.4 acres of land
earlier this year for the development of a new shelter. But after the
purchase, it was learned that much of the property involved is a
federally protected wetland. The county must take steps to correct
the error, possibly at even more expense, but it must not proceed
with developing the property, unless it intends to create even more
space for wetlands elsewhere.

Wetlands are specifically protected by law for environmental
reasons. They involve ecosystems that are affected by
development. Rutherford County spent $212,679 for the site,
which was about $12,000 more than authorized. But it seems there
are many concerns about who knew what about the deal from the
start and whether proper procedures were followed to complete
the purchase.

It appears the land was bought even though the Rutherford County
Public Building Authority had recommended against it. There has
been dispute about the degree of involvement the county attorney's
office had in reviewing the deal. Most recently, it has come to light
that aerial maps commissioned by the Murfreesboro city planning
office in 1995 and a federal wetlands map showed the property
clearly to be swampy marshland. It is unclear whether city planners
saw or knew of the maps when the county proposal was approved,
but they should have.

Federal regulations allow for construction on wetlands only if a
larger wetland somewhere else is established in exchange.
Rutherford County is looking at the choice of selling the land or
filling it in and doing what is necessary to meet federal guidelines.
At this point, selling the land may be the best option.

Meanwhile, county officials need to review closely what happened
in the deal, including who approved which steps and how such
pertinent information could have been overlooked. One county
commissioner has said the discovery is a problem but not a major
problem. From here, it looks like a major problem.

Saturday, 11/09/02
Leader's awareness of wetlands questioned: County executive on board that
rejected site

By SCHERI SMITH
Staff Writer

MURFREESBORO — Rutherford
County Executive Nancy Allen, who
recently signed off on the purchase of
swampy land for a new animal shelter,
was part of an agency that earlier
rejected the land as being unsuitable,
some officials have said.

Allen served as chairwoman of the
Rutherford County Animal Control
Board in 2001 when it rejected a
proposal to build a private
spay-neuter clinic on the same land
that the county bought for $212,679
this year, according to animal control
board documents. She was also
county executive at the time.

Rutherford County Public Building
Authority Chairman Jim Bratten said
he had walked the property at the
request of the board when the private
Jessee C. Beesley Animal Humane
Foundation Inc. proposed to build a
clinic on it last year.

Issues of standing water and problems with public access made the site a bad
choice, Bratten said, and the board did not forward the proposal to the County
Commission. He said members of the building authority were shocked when the
County Commission purchased the property despite their warnings then and
earlier this year.

''When the commission voted to buy this land, we were completely left out of the
loop,'' Bratten said. ''When we realized they had bought it without due diligence,
we commissioned a survey just because we wanted to do our job.''

That survey, done in June, confirmed that most of the land — 3.8 acres — is
wetlands. Wetlands are protected by the Tennessee Department of Environment
and Conservation's Division of Water Pollution Control.

If the shelter goes forward, county officials say, the county may have to pay
almost $600,000 both to prepare the site for construction and to pay for the right
to develop a wetlands area.

It is unclear why the land purchase was brought back to the table by
Commissioner Joe Frank Jernigan and why the County Commission and executive
agreed to its purchase. Allen authorized the purchase of the 4.4 acres earlier this
year from Swanson Developments for about $12,000 more than the County
Commission had approved.

Allen said at a Property Management Committee meeting on Oct. 24 that she
didn't know the property contained wetlands until the building authority notified
her in June. Commissioners were not told of the land's condition until last month,
Allen said, because there wasn't a commission meeting in July and the information
was forwarded only to the county engineer.

Allen did not return numerous phone calls to her office yesterday. Jernigan did not
return phone messages left at his home.

Millie Evans, former director of the Beesley Foundation, said the spay-neuter
clinic purchased an acre of land from Swanson Developments in March that is
adjacent to the tract bought by the county. The foundation's land has not been
evaluated for wetlands status, Evans said.

According to the Animal Control Board's minutes, the Beesley Foundation
proposed in 2001 spending $50,000 for an acre behind the current shelter on
Haley Road if the county would purchase the rest and agree that ''all adopted
animals from the shelter be spay-neutered and vaccinated for rabies prior to
leaving the shelter premises.''

Copies of the minutes were given to The Tennessean by former board member
Carol Kluver of Smyrna.

Dwayne Hicks, who represented La Vergne on the Animal Control Board, said
the board decided not to buy the land because it was swampy.

''I made the assumption the county had figured out a way to fill it,'' Hicks said.
''You would hope that they had the foresight to take a look at the property.''

Bratten said he didn't know anyone who would have bought the property without
a complete Phase I delineation — a common land survey that includes testing for
wetlands status.

''It doesn't take a rocket scientist to walk over that property in water and not
realize that there's a problem with water over there,'' he said.

The Rutherford County Commission will decide what to do with the wetlands at 6
p.m. Thursday at its monthly meeting.

Monday, 11/18/02
Developer had past wetlands infraction

By SCHERI SMITH
Staff Writer

MURFREESBORO — State
environmental officials have suggested
that a local developer may have
known that the land his company sold
to the Rutherford County Commission
for an animal shelter was a protected
wetland.

Some state workers said Swanson
Developments' earlier violations of
state wetland regulations and permit
applications show that the company
had experience with the wetland
identification and mitigation processes.
''We know Mr. (Joseph) Swanson
here,'' said Mike Lee, wetland expert
with the Tennessee Department of
Environment and Conservation. ''It's
their responsibility to keep up with the
rules and regulations dealing with their
properties.''

Swanson Developments sold the
county 4.4 acres off Capt. Joe
Fulghum Road, but it was not
discovered until July that most of the
land was protected wetland. County
commissioners have said they did not
learn of the land's protected status until October.

''You would think someone who's gone through the process would know they
need to look,'' Lee said.

''They've carried this process from cradle to grave and should know better.''

The commission purchased the property in March without land surveys that would
have identified the wetland.

Rutherford County Executive Nancy Allen said at last week's commission meeting
that Swanson, the company's owner, assured her that he had no knowledge of the
wetland status of the land sold to the county.

Phone calls to Swanson Developments for the past month seeking comment on
the property have not been returned. Messages left with family members and
employees also have not been answered.

Lee said he has worked on wetland issues with the Swanson company before.

TDEC files pertaining to Swanson Developments are public record and were
made available to The Tennessean last week.

According to a 1996 violation report, Swanson Developments faced charges of
''unauthorized mechanized land clearing'' or bulldozing over a 1.75-acre wetland at
the corner of South Rutherford Boulevard and Woodbury Highway.

The company had to apply for an after-the-fact permit from the U.S. Army Corps
of Engineers for that clearing.

To compensate for the destruction of the wetland, state law required Swanson
Developments to purchase and promise to protect a wetland at another site.

Called wetland mitigation, this strategy is intended to help offset the wetland
destruction in the state.

Swanson opted to purchase 3.5 acres of wetland between Interstate 24 and the
West Fork of the Stones River in Murfreesboro.

Most violations found by TDEC are anonymously called in, Lee said. It is
impossible for the small state staff to keep a constant watch on all new
construction, he added, but this does not excuse professional developers.

''Sometimes we know it, and sometimes we don't, but that scenario is true
everywhere,'' Lee said about violators. ''When you're standing on site with an
individual, quite often they'll plead ignorance, but our job is to be as protective of
the resource as we can.''

A formal state investigation of the site and its history will begin sometime this
week, Lee said. Lee will consider evidence that parts of the wetland were filled in
illegally, which was discovered in an environmental survey commissioned by the
county's Public Building Authority.

Some commissioners want out of the $212,679 land-sale contract because, they
said, if Swanson had prior knowledge, he did not sell the property in good faith.

''I would like to see the county get a full refund and move on to find a new site,''
Commissioner Mike Sparks said.

It is still unclear whether the county plans to pursue an investigation of Swanson

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From: Thom J Brown <thomj...@yahoo.com>;
Subject: Re: [HistoricEdgefield] Event at 209 S. 5th
Sent: Sat, Jun 22, 2013 8:12:25 PM
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