Chapel Hill Board of Adjustment Meeting Summary – June 5, 2025

The Chapel Hill Board of Adjustment met on June 5, 2025, at 6:30 PM in Council Chamber RM 110. Chaired by Thomas Grasty, the board addressed a dimensional variance request and made recommendations for board appointments. All 10 members were present, including outgoing members Benjamin McAvoy-Bickford (served one year) and Andrew Strada (served six years), who were thanked for their service.

Consent Calendar

• The agenda was approved unanimously.
• The minutes from the May 1, 2025 meeting were approved unanimously. The town clerk’s office requested that members not abstain on such motions, even if absent at the prior meeting; all present voted in favor.

New Business

Dimensional Variance – 7608 Justin Place

• Summary: Michael and Barbara McNulty requested a dimensional variance to construct an 8-foot-tall fence along their northern property line, replacing an existing 8-foot fence built in 1989. The current LUMO limits fences within setbacks to 6 feet in height. The property is adjacent to the Weavers Grove development, which is under construction (235 units expected; project timeline approximately eight years, with three to four years remaining). The applicants argued that they have been disproportionately affected by the development, including loss of tree buffer, construction noise, traffic, dust, and vibration, which have diminished their quality of life. They noted that the town had allowed their neighbor, the Benjamin family, to install an 8-foot fence. The developer (Habitat) expressed support via email, but this was not entered as sworn testimony.
• Board Discussion: Board members highlighted the unique hardship of the property’s location—adjacent to the main construction entrance, I-40, and lacking noise barriers. Several members noted that the existing fence was a non-conforming structure that could be repaired but not relocated without a variance. Concerns about moving the fence down a 1–2 foot slope were raised, but the applicants explained they wanted to maximize the use of their newly acquired property (from the demised road) and protect new plantings. The board found that the variance met all criteria: unnecessary hardship (unique location, noise, construction impacts), oddity of the property (pie-shaped lot, proximity to development), hardship not self-created (applicants purchased home in 1989, fence built after), and consistency with the spirit of LUMO (preserving existing buffer).
• Vote: Resolution A (approving the variance) passed unanimously (10-0).

Recommendations for Board of Adjustment Appointments

• Summary: The board considered reappointments and new appointments in light of a pending town council proposal to reduce the board from 10 to 7 members. Three members (James Faron, Judith Miller, Thomas Grasty) were eligible for reappointment; two new applicants (David Nahm and Joseph Weiner) sought alternate seats. Outgoing members McAvoy-Bickford and Strada would not be replaced under the proposed reduction. The board debated the impact of a smaller board on the four-fifths majority requirement for variance approvals (e.g., with 10 members, 8 votes are needed; with 7, 6 votes are needed; with 5, 4 votes). Some members argued the reduction would create logistical challenges and reduce community representation, especially for the ETJ.
• Motion: Dr. Wortman moved to recommend that the town council reappoint Faron, Grasty, and Miller to regular terms; appoint David Nahm and Joseph Weiner as alternates; and allow the board to operate with 8 members until it naturally reduces to 7. The motion passed 9-1, with BJ Warshaw voting no due to disagreement with the premise of reducing seats.
• Next Steps: The board agreed that Chair Thomas Grasty would present the recommendation to the town council at its next meeting (if the item appears on the agenda). Individual board members, including BJ Warshaw, may speak on their own behalf regarding the board size.

Key Outcomes

• Dimensional variance approved (unanimous) for an 8-foot fence at 7608 Justin Place.
• Recommendation to town council: Reappoint Faron, Grasty, and Miller; appoint Nahm and Weiner as alternates; allow an 8-member board until attrition reduces it to 7. Vote: 9-1.
• Representative selected: Chair Thomas Grasty will speak to council on behalf of the board; individual members may speak personally.
• Next meeting: To be determined.