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Record of Proceedings

Board of Adjustment Meeting – June 27, 2019

Board of Adjustment — Thursday, June 27, 2019
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, June 27, 2019
StatusFILED
Video Record
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Transcript — Verbatim
0:54

Welcome to the June 27th meeting of the Board of Adjustment.

0:58

This time we'll call it to order.

0:59

Madam Secretary, please call roll.

1:02

Stephen Atkinson.

1:04

Here.

1:04

Chair Hammond.

1:06

Here.

1:06

Christopher Lily.

1:08

Here.

1:08

Nathan Colin.

1:09

Here.

1:10

James Moret.

1:11

Here.

1:12

Dillian Godley.

1:13

Here.

1:13

Hunt McKinnon.

1:14

Here.

1:15

And Bellet.

1:17

Michael Glenn.

1:18

Here.

1:19

Rodney Bullock?

1:20

Here.

1:21

Bill Johnson.

1:22

Here.

1:24

Mr.

1:24

Phillips we votes tonight.

1:28

Mr.

1:28

Chairman, the voting members for tonight's meeting are Mr.

1:31

Johnson, Mr.

1:32

Glenn, Mr.

1:33

Bullock, Mr.

1:34

McKinnon, Mr.

1:35

Lilly, Mr.

1:36

Moretz, and Ms.

1:37

Evans.

1:38

Mr.

1:38

Cohen, Mr.

1:39

Godley, and Mr.

1:40

Atkinson are not voting members, but are allowed to participate in the discussions and are allowed to ask questions.

1:48

All right.

1:48

Thank you.

1:49

I hear a motion to approve the minutes of the last meeting.

1:52

So moved.

1:53

Second.

1:54

Second.

1:54

All in favor?

1:57

Minister approved.

1:58

Mr.

1:58

Phillips, would you remind the uh please remind the public of the general voting procedure and voting requirement?

2:04

Yes, Mr.

2:05

Chairman.

2:06

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.

2:13

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.

2:24

The members of the Board of Adjustment are laypersons, and as such, the rules of evidence that are followed by a court are relaxed for cases heard before this body.

2:32

Though the rules of evidence are relaxed, it does not mean that they are ignored.

2:36

Only evidence that is material, competent, and substantial will be considered and may be used by the board in its decision-making process.

2:43

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 prepared the writing is testifying.

2:56

These writings are considered hearsay.

2:58

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.

3:07

However, such an opinion may be admissible if it is made by an expert or 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 for his or her conclusion in the report.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████25%
Zoning And Land Use██████████████████18%
Utilities Commission████████████████16%
Public Comment█████████9%
Signage Regulation███████7%
Public Safety███████7%
Public Hearing█████5%
Cannabis Regulation████4%
Traffic Management███3%
Summary of Proceedings

Board of Adjustment Meeting – June 27, 2019

The Greenville Board of Adjustment convened on June 27, 2019, to consider several special use permit requests, including a school expansion, a tobacco shop, and a utility expansion, as well as to elect officers for the upcoming year. The meeting included public hearings, board discussions, and votes on each item.

Consent Calendar

  • Approval of Minutes: The board unanimously approved the minutes from the last meeting without discussion.

Public Hearing 1: St. Peter's Catholic School Special Use Permit

  • Applicant: Doug Jones, principal of St. Peter Catholic School, requested a special use permit to operate a pre-K through 8th grade school and replace an existing modular classroom with a larger one on the existing campus at 2606 East Fifth Street (3.06 acres). The school has operated since 1946 but lacked a special use permit for the expansion.
  • Staff Report: Staff recommended one condition: site plan and building permit approvals are required prior to installation of the modular unit. No opposition was voiced.
  • Board Vote: The board approved the petition with the staff condition. Motion carried unanimously.

Public Hearing 2: Saleh Menzi Tobacco Shop Special Use Permit (Tabled)

  • Applicant: Saleh Menzi, operating as a tobacco shop class one, proposed a location at 700 South Memorial Drive (0.57 acres, 3,738 sq ft two-unit building). The shop would sell smoking alternatives and FDA-approved products, with no smoking on premises.
  • Staff Recommendations: Several conditions were proposed, including hours of operation not surpassing 9 p.m. EST, no one under 18 allowed, no sales of smoking apparatuses (e.g., water pipes, hookah pipes), no drive-through, no LED lights on glass or exterior, advertisement limited to 25% of windows/doors, no advertisement on the south side (near CVS), front entrance only, and no laundering or outdoor activities.
  • Representative: Justin Mullarkey of Eastern Trust Real Estate, representing the landlord and tenant, objected to the 9 p.m. closing time and the LED light restriction, arguing they were overly restrictive compared to neighboring businesses. He requested time to discuss with the applicant due to a language barrier.
  • Board Discussion: Members discussed the conditions, noting that the applicant had initially indicated 8 a.m. to 5 p.m. hours but later requested 9 p.m. Staff clarified that the hours condition was based on the applicant's amended request. The board considered tabling the matter to allow the applicant to prepare additional information.
  • Outcome: The board voted to table the request to the next meeting to allow the applicant to further consider the conditions and provide additional details, particularly regarding signage and hours of operation.

Public Hearing 3: Greenville Utilities Commission Water Treatment Plant Expansion

  • Applicant: Phil Dixon, representing Greenville Utilities Commission, requested a special use permit to expand the existing water treatment plant at 1700 Old River Road (147 acres, expansion of 3.84 acres). The plant has operated since 1983 and currently treats 22.5 million gallons per day (mgd). In 2018, average daily use was 13.4 mgd, but a single-day record of 18.1 mgd was set in May 2019, triggering a state mandate to plan for expansion when capacity reaches 80%.
  • Staff Report: Staff recommended two conditions: maintain sound levels per the city's noise control ordinance, and obtain site plan and building permit approvals prior to construction. No opposition was voiced.
  • Recusal Motion: Board member Bill Johnson disclosed that his firm, the Overton Group, represents the applicant's representative. The board voted to deny a recusal motion after discussion, allowing Johnson to remain and vote.
  • Board Vote: The board approved the petition with the staff conditions. Motion carried unanimously.

Continuation Request: William Davis Special Use Permit

  • The applicant requested a continuation to the July 25, 2019 meeting. The board approved the continuation unanimously.

Election of Officers

  • Chair: Bill Johnson was re-elected as chairman for a one-year term (June 1, 2019 – May 31, 2020) by acclamation.
  • Vice Chair: Michael Glenn was re-elected as vice chairman for the same term by acclamation.

Key Outcomes

  • St. Peter's Catholic School: Approved with condition (site plan/building permit).
  • Saleh Menzi Tobacco Shop: Tabled to the next meeting (July 2019) for further discussion.
  • Greenville Utilities Commission: Approved with two conditions.
  • William Davis Permit: Continued to July 25, 2019.
  • Officers: Bill Johnson (Chair), Michael Glenn (Vice Chair) re-elected.

Meeting Transcript

Welcome to the June 27th meeting of the Board of Adjustment. This time we'll call it to order. Madam Secretary, please call roll. Stephen Atkinson. Here. Chair Hammond. Here. Christopher Lily. Here. Nathan Colin. Here. James Moret. Here. Dillian Godley. Here. Hunt McKinnon. Here. And Bellet. Michael Glenn. Here. Rodney Bullock? Here. Bill Johnson. Here. Mr. Phillips we votes tonight. Mr. Chairman, the voting members for tonight's meeting are Mr. Johnson, Mr. Glenn, Mr. Bullock, Mr. McKinnon, Mr. Lilly, Mr. Moretz, and Ms. Evans. Mr. Cohen, Mr. Godley, and Mr. Atkinson are not voting members, but are allowed to participate in the discussions and are allowed to ask questions. All right. Thank you. I hear a motion to approve the minutes of the last meeting. So moved. Second. Second. All in favor? Minister approved. Mr. Phillips, would you remind the uh please remind the public of the general voting procedure and voting requirement? Yes, Mr.

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