Greenville Board of Adjustment Meeting - March 28, 2019
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Greenville Board of Adjustment Meeting - March 28, 2019
The Board of Adjustment met on March 28, 2019, to consider two special use permit requests: a child daycare facility at Christ Church and a public utility peak shaving generator installation by Greenville Utilities Commission. Both applications were approved with conditions.
Consent Calendar
- The board unanimously approved the minutes from the previous meeting.
Public Comments & Testimony
- For the first item (child daycare), no members of the public spoke in favor or opposition beyond the applicant and staff.
- For the second item (GUC generators), Louis Spade, administrator of plant operations at Vidant Medical Center, spoke in favor, stating the hospital supports the project as a way to continue providing healthcare to Eastern Carolina. No opposition was voiced.
Discussion Items
- Child Daycare at Christ Church (745 Davenport Farm Road): Applicant Poppy Joe Grinder, preschool director, requested a special use permit to operate a less-than-four-hour preschool program (9 a.m. to 12 p.m.) for children ages 2–5, with anticipated fall registration of 40–45 children. Future plans included possible expansion to longer hours, summer programs, and after-school care. Staff recommended two conditions: compliance with city code, state licensing, and NCDHHS regulations; and a parking plan approved prior to operation. The board discussed parking adequacy and the scope of the permit; staff clarified that after-school care qualifies as child care under city code. The board voted to approve with conditions.
- GUC Peak Shaving Generators on Wellness Drive: Applicant Kyle Brown, professional engineer and electric planning engineer for Greenville Utilities Commission, presented a request for a special use permit to install a 6,000 kW peak shaving and emergency standby generator facility on a 21-acre parcel (tax parcel D 4470). The generators would run on natural gas, operate less than 250 hours per year, and be used to reduce wholesale power costs (estimated $130,000/month savings) and provide emergency backup for Vidant Medical Center, particularly for the emergency department and children's hospital chiller. The site is 150 feet or more from adjoining properties, and staff recommended a condition that the project maintain sound levels per the City of Greenville noise ordinance (75 dBA at property line). GUC provided a sound report from a similar installation showing 71.4 dBA at 25 feet. Board members questioned noise impacts, especially near the hospice and apartments, and maintenance testing; Brown assured compliance and that any testing would be during normal business hours. The board approved the petition with the recommended condition.
Key Outcomes
- Child Daycare Special Use Permit: Approved unanimously with conditions (motion by [member], seconded). The board accepted the findings of fact and approved the petition.
- GUC Special Use Permit: Approved unanimously with the condition of maintaining sound levels per city ordinance (motion and second). The board accepted the findings of fact and approved the petition.
Meeting Transcript
Good evening and welcome to the March 28th meeting of the Board of Adjustment. This time we'll call it to order. Madam Secretary, please call roll. Bill Johnson. Here. Rodney Bullock. Here. Michael Glenn. Here. Anne Bellis. Hunt McKinnon. Dylan Godley. Here. James Moretz. Here. Nathan Cohen. Here. Christopher Lilly. Sharon Evans. Stephen Atkinson. Mr. Chairman, the voting members for tonight's meeting are Mr. Johnson, Mr. Bullock, Miss Bellis, Mr. Moretz, Mr. Glenn, Mr. Cohen, Mr. Godley, Mr. Atkinson is not a voting member, but is allowed to participate in the discussions and is allowed to ask questions. Thank you. Okay. Do I hear a motion to approve the match to the last meeting? So moved. There's a second. Second. Now, Mr. Phillips. Would you please remind the public of the general procedure and voting requirement? Yes, Mr. Chairman. As stated on pages two and three of the meeting handout available to the public, the evidence to be considered by the Board of Adjustment is as follows. The Board of Adjustment is a quasi-judicial body that makes a decision concerning an application, petition, or appeal based on the evidence presented by those in favor as well as those in opposition. The members of the Board of Adjustment are laypersons, and as such, the rules of evidence that are followed in a court are relaxed for cases heard before this body. Though the rules of evidence are relaxed, it does not mean that they are ignored. Only evidence that is material competent and substantial will be considered and may be used by the board in its decision making process. The board may not consider, nor is it admissible to present or offer affidavits, letters, or other writings in support of or in opposition to a matter before the board unless the person who is prepared prepared the writing is testifying. These writings are considered hearsay. Statements by a person such as, in my opinion, the application will create a traffic hazard is not an admissible opinion and may not be considered by the board. However, such an opinion may be admissible if it is made by an expert or by a person who is qualified to give opinions concerning traffic hazards, is making a presentation to the board concerning his or her investigation and the basis of his or her conclusion in the report. A statement that another person who is not present and not testifying either supports or doesn't support the petitioner or application is hearsay and is not admissible.
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