Greenville Board of Adjustment Meeting Summary – April 22, 2021
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Greenville Board of Adjustment Meeting – April 22, 2021
The Greenville Board of Adjustment met virtually on April 22, 2021 at 6:00 PM. The board heard four special use permit requests: a continued case for a convenience store with gasoline sales, and three new cases for a major repair facility, a tobacco shop, and another convenience store with gas. Decisions were based on competent, substantial evidence presented by staff, applicants, and opponents. All hearings were conducted under quasi-judicial rules, with witnesses sworn and expert witnesses recognized.
Consent Calendar
- Approval of Minutes (March 25, 2021): Unanimously approved (7-0).
Public Comments & Testimony
- Paige Heath (property owner adjacent to 0 Frog Level Road): Opposed the Mango Man LLC gas station, citing health risks from fuel emissions, light trespass, noise, crime, and reduced property value. She questioned the safety of underground tanks and noted her home is 280 feet from the proposed station. She had submitted a report from community environmental defense but it was considered hearsay because the author was not present to testify. She expressed frustration that her concerns were not addressed by applicant's experts.
Discussion Items
- Item 1 (Old Business): Mango Man, LLC – Special Use Permit for Convenience Store with Gasoline Sales at 0 Frog Level Road – Continued from February. Applicant Robert Jeffries (Mango Man LLC) and lessee Fulamon Al-Kanshali (operating 19 stores) were parties. Expert witnesses: Mike Lynch (fuel equipment installation, 15 years experience), Henry Namargoot (PE, 400+ tank projects), Philip Grant (general contractor, 40 years), Linwood Stroud (PE, site design). They described state-of-the-art double-wall fiberglass tanks, continuous leak detection, vapor recovery, and compliance with NC regulations. City staff recommended approval with conditions. Opponent Paige Heath cross-examined witnesses, raising health and safety concerns. Board discussed traffic and the role of future site plan review.
- Item 2 (New Business): Chris Davis & Derrick Stalnaker – Special Use Permit for Major Repair Facility at 307 Hooker Road – Applicant described automotive accessories, detailing, and enclosed trailer sales. Property owner David Evans attended. City staff had no recommended conditions; project must meet fire and building codes. No opposition. Board approved unanimously.
- Item 3 (New Business): Nagi Nasser – Special Use Permit for Tobacco Shop Class I at 713 Thomas Langston Road, Suite 103 – Applicant had operated a Boost Mobile store in the same location for five years and sought to convert to a tobacco shop (class I, no smoking apparatus). City staff recommended conditions including no smoking apparatus, signage limits, no outdoor activities. Board added condition of no flashing or colored lights. Unanimous approval.
- Item 4 (New Business): Creighton Commercial Development – Special Use Permit for Convenience Store with Gasoline Sales at 3750 S Memorial Drive – Applicant's attorney Patrick Biker presented. Expert witnesses: Josh Ranky (traffic engineer, 18 years, provided traffic assessment recommending right-turn lane on S Memorial Drive), Gary Franks (civil engineer, 50+ 7-Eleven sites), Richard Kirkland (real estate appraiser, 26 years, concluded no impact on property values). The site would replace a vacant pizza building. Board members Hunt McKinnon and Sharon Evans raised concerns about the intersection, truck turning movements, and the building's rear facing the major corner. City traffic engineer Rick De Caesar clarified that no accident history warranted left-turn restrictions. Board approved unanimously with conditions, including enhanced landscaping to screen the service side of the building facing S Memorial Drive and Thomas Langston Road.
Key Outcomes
- Item 1 (Mango Man, LLC): Approved 6-1 (McKinnon dissented) with staff-recommended conditions. Chair directed board attorney to draft written findings for next meeting on May 27, 2021.
- Item 2 (Davis & Stalnaker): Approved unanimously (7-0) with no additional conditions.
- Item 3 (Nasser): Approved unanimously (7-0) with staff conditions and additional condition prohibiting flashing or colored lights.
- Item 4 (Creighton Commercial Development): Approved unanimously (7-0) with staff conditions and an additional condition requiring enhanced landscaping (e.g., a row of Nellie Stevens shrubs or similar) to improve the visual appearance of the building's rear elevation, as specified by board member McKinnon. City staff to work with applicant on details.
- Announcement: Board training scheduled for May 6, 2021 at 6:30 PM via Zoom.
- Adjournment: Approved unanimously at approximately 9:00 PM.
Meeting Transcript
Okay, guys. I want to welcome you all to the uh April 22nd, 2021 meeting of the City of Greenville Board of Adjustment. My name is Michael Glenn. I'm the chair of the board. The Board of Adjustment is a quasi-judicial body that is governed by the North Carolina General Statutes and the City's Code of Ordnance. We conduct evidentiary hearings on requests for special use permits, variances, appeals of administrative decisions, and interpretations. Before we begin the evidentiary hearings on tonight's agenda, I'd like to provide some important information about the steps taken to ensure that each party's due process rights are protected as we proceed in this remote platform. First, each applicant on tonight's agenda was notified before being placed on the agenda that this meeting would be conducted using a remote electronic platform. Every applicant on tonight's agenda has consented to the board conducting the hearing on their request using this remote platform. Second, notice of this meeting was provided to the applicants and the public in numerous ways. Specifically, notice of tonight's evidentiary hearings was provided by mail to all property owners within 250 feet of each subject property. The mailed notices were sent two weeks in advance of the meeting date and within the law to provide such notice. And each notice letter was notified the recipient of the remote meeting platform. Notice was also provided by posting signs on the site of each property, publishing notice in the newspaper, and providing notice on the city's website. Each of these notice methods were also done within the legal requirement to provide such notice. The notices for tonight's meeting contained information about the means by which the public can access the meeting as the meeting occurs. Third, any individual wishing to participate in tonight's evidentiary hearings was required to sign up prior to the meeting to participate. Information about the sign requirement along with information about how to sign up was included in the mailed notice letters sent to each property owner within 250 feet of each property. This information was also included on the board's website and among other information, a link to the board's website was included in all methods of notice. No case is proceeding tonight in which anyone contacted the city to voice an objection to the remote meeting platform. All individuals participating in tonight's evidentiary hearings were also required to submit a copy of any presentation document, exhibit, or other material that they wish to submit at the evidentiary hearing prior to tonight's meeting. All materials that the city received from the participants on tonight's cases, as well as a copy of city staff's presentations and documents were posted online on the Board of Adjustment meeting schedule and agenda prior to this meeting. All materials that will be discussed today can be viewed at any time during tonight's meeting by visiting the Board of Adjustment page on the city's website and clicking the April 22nd, 2021 agenda and meeting packet link. No new documents will be presented at tonight's meeting. All decisions of this board are subject to appeal with the Pitt County Superior Court. And finally, all individuals who signed up to participate in an evidentiary hearing on tonight's agenda were mailed a witness oath form prior to the meeting. Any individual planning to testify or submit evidence in an evidentiary hearing was notified that they must sign the oath form prior to the meeting. We will reaffirm everyone's oath on the record at or during the meeting. All right. Yes, sir. Michael Glenn. Here. Rodney Bullock. Ann Bellis. Ann Bellis. You're muted, Miss Bellis. There's several places where there are no pictures. I don't know which one I am. We can hear you, but we can't see you. Yes, ma'am. But you need to turn on your video, Miss Ann. Well, the camera says it's on. Try it again. Is that am I there now? No, ma'am. Well, I can see when you can't. Do you want me to keep calling the role? Or yeah, let's keep let's keep calling the role and let's see if we can um get her video. Miss Bellis, maybe uh uh try to turn your camera off and back on again, and we'll we'll proceed with the role. Okay, go ahead and present Christopher Lilly, Sharon Evans.
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