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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Greenville Board of Adjustment Meeting – November 17, 2022

Board of Adjustment — Thursday, November 17, 2022

BodyGreenville, North Carolina

SessionBoard of Adjustment

DateThursday, November 17, 2022

StatusFILED

Video Record

0:00 / 2:34:07

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

1:35

The meeting will now come to order.

1:37

Welcome to the November 17, 2022 meeting of the City of Greenville Board of Adjustments.

1:44

For all of those who will be speaking tonight, if you have not already, please read the notice of hearing, notice of deficiency, and request for waiver of deficiency provided for you at the public podium prior to signing the sign-in sheet.

2:01

The signing sheet has an acknowledgement on it stating that you have read and agreed to the notice.

2:07

We thank you.

2:13

Christopher Lilly?

2:14

Here.

2:14

Ann Bellis?

2:16

Hunt McKinnon.

2:18

Nathan Cohen.

2:20

John Lundrine?

2:21

Here.

2:21

Ryan Pertle?

2:23

Here.

2:23

Daniel Warl?

2:24

Here.

2:25

Tanya Foreman.

2:28

Madam Chair, you have a quorum.

2:30

Thank you.

2:30

And Madam Chair, all members present tonight are voting members for tonight's meeting.

2:35

Very good.

2:37

Thank you.

2:38

Thank you.

2:38

Thank you.

2:40

Now we'll move on to approval of last month's meeting.

2:44

Is there a motion to uh approve the meetings?

2:47

The minutes from last month.

2:50

So moved.

2:50

Is there a second?

2:52

It's been moved by my co-chair, Mr.

2:55

Lilly, and seconded by Miss Bellis.

2:57

All those in favor, please do so by saying aye.

3:00

All those opposed say nay.

3:03

Motion has passed.

3:05

Mr.

3:05

Attorney.

3:06

Mr.

3:06

Phillips.

3:14

Good evening, Madam Chair, members of the board and members of the public.

3:18

The following applies to all evidentiary matters for consideration by the board tonight.

3:23

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.

3:31

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.

3:54

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

4:16

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.

5:02

The same rule applies to both the applicant and those in opposition.

5:06

Pursuant to North Carolina General Statutes 16D-109 and 16D-406 and Section 4 of the Board of Adjustments rules of procedure.

5:15

No member of the Board of Adjustment shall participate in either the discussion on or vote on any special use permit, variance, or appeal from an administrative officer's decision in any manner that would violate the affected person's constitutional right to a fair and impartial decision maker.

5:33

Prohibited conflicts include but are not limited to a member having a fixed opinion prior to hearing the matter and not willing to consider changing his or her mind, an undisclosed ex parte communication with the person before the board, any witnesses, staff, or other board members.

5:48

Decisions on either a request for recusal by a member or objections by a person appearing before the board shall be decided by a simple majority vote.

5:56

No board member shall take part in the hearing, consideration or determination of any matter in which the board member is involved or has a financial or personal interest.

6:06

Personal interest shall be defined as having a family member involved in the project under consideration, a neighborhood association involvement where a board member is on the governing body of such association or where the board member is involved in a conflict or dispute with the applicant on a matter unrelated to the application.

6:23

If a board member has such a conflict, he shall declare the conflict and request to be excused from voting on the issue.

6:30

A majority vote of the remaining members present shall be required to excuse the member.

6:35

No board member shall vote on any matter deciding an application or appeal unless he shall have attended the public hearing on that application or appeal.

6:44

No board member shall discuss any cases with any parties in interest prior to hearing prior to the public hearing on that case, provided, however, that members may receive and or seek information pertaining to a case from other members of the board.

6:58

If a board member has had an ex parte communication regarding any of the matters for consideration tonight, that needs to be disclosed at this time.

7:07

Hearing none.

7:09

To the board and to the members of the public, please note that the for variance hearings, a four-fifth vote of the board is required to grant a variance.

7:18

For all of other evidentiary hearings, the decision will be made by a simple majority vote of the board.

7:25

The hearings tonight are quasi-judicial evidentiary hearings.

Discussion Breakdown — Share of Meeting

Zoning And Land Use████████████████████████████████████████40%

Procedural████████████████████████24%

Legal Procedure█████████9%

Public Safety██████6%

Cannabis Regulation████4%

Youth Programs████4%

Public Comment████4%

Noise Pollution████4%

Community Engagement███3%

Summary of Proceedings

Greenville Board of Adjustment Meeting – November 17, 2022

The Greenville Board of Adjustment met on November 17, 2022, at 6:00 PM in City Hall Council Chambers. The meeting was called to order with a quorum present. The board approved several special use permits, granted a continuance, and handled routine business. All votes were unanimous unless noted.

Consent Calendar

Approved the minutes from the September 22, 2022 meeting. (Motion by Mr. Lilly, second by Ms. Bellis; passed unanimously.)
Approved the proposed Board of Adjustment Decision and Order for a Special Use Permit for Raed Alnamer, a case from a previous meeting. (Motion by Mr. Lilly, second by Mr. Pertle; passed unanimously.)
Accepted the continuance of the public hearing for the administrative appeal by KLA Holdings, LLC, to December 15, 2022. (Motion by Mr. Worrell, second by Ms. Bellis; passed unanimously.)
Approved the proposed Board of Adjustment Decision and Order for a Special Use Permit for Coastal Plain Shooting Academy, a case from a previous meeting. (Motion by Mr. Lilly, second by Mr. Pertle; passed unanimously.)

Public Comments & Testimony

For the special use permit request by Hazzim Abdulhamid Mohammed (tobacco shop Class 1 at 118 SE Greenville Boulevard), Diane Kulick, president of the Lyndale Neighborhood Association, spoke in opposition. She requested conditions including reduced operating hours (closing by 7–8 PM), an 8-foot wooden fence, and no loitering signs, citing concerns for a nearby foster home with children. The board granted the association standing. After discussion, the applicant stated planned hours of 8 AM to 9 PM, which Ms. Kulick accepted. The board did not add additional conditions beyond staff recommendations.

Discussion Items

High Life Smoke Shop and Greene City Partners, LLC – Request for a tobacco shop Class 2 at 2208 S Memorial Drive, Suite 105. Staff recommended conditions (no hookah café, no LED/flashing signs, etc.). The applicant, represented by attorney Lawrence Joseph Sheen Jr., agreed to all conditions. No opposition. Board approved.
Hari Singh – Request for a moving and storage facility (including outside storage) at 2725 S Memorial Drive. Staff recommended conditions (no junk yard, 15-day vehicle limit, screening). The applicant, Sanjeev Kumar, described a small warehouse for junk hauling. No opposition. Board approved.
Glory Solutions LLC – Request for a child care drop-in facility at 150 E Arlington Boulevard, Suite E. Staff recommended conditions (compliance with NC statutes, inside activities only). The applicant, Melissa Arrington, explained the business (tutoring for up to 12 children, three hours per day). No opposition. Board approved.
Three Twenty Enterprises, LLC – Request for a mini-storage warehouse (household, no outside storage) at 4738 NC 33 East. Staff recommended conditions (screening, no exterior storage). The applicant, Ken Malpus, described a climate-controlled building. No opposition. Board approved.
Capital Growth Buchalter (two locations) – Request for two convenience stores with gasoline sales (Wawa) at 3600 S Memorial Drive and on E. Tenth Street. Staff recommended extensive conditions on lighting, signage, tobacco display, etc. The applicant, Clint Cogburn (attorney), presented testimony from engineers and an appraiser, Michael Moody, who concluded no adverse impact on property values. Board approved both locations.
POMO, LLC – Request for a mini-storage warehouse (household, no outside storage) at NC 43 and Bell’s Chapel Road. Staff recommended conditions. The applicant, Lynnwood Stroud (engineer), confirmed compliance. No opposition. Board approved.
Barrag Nasser – Request for a tobacco shop Class 1 at 631 S Memorial Drive. Staff recommended conditions (no smoking apparatus, no LED signs, etc.). The applicant, attorney Will Ferris, noted the store would not be a Class 2. No opposition. Board approved.
Hazzim Abdulhamid Mohammed – Request for a tobacco shop Class 1 at 118 SE Greenville Boulevard. Staff recommended conditions similar to other tobacco shops. The applicant, Michelle Saleh, stated hours of 8 AM to 9 PM. The Lyndale Neighborhood Association opposed but accepted the proposed hours. Board approved with staff recommendations only.

Key Outcomes

All special use permit requests were approved unanimously by the board (each vote had a motion and second, with all members voting aye).
The administrative appeal by KLA Holdings, LLC, was continued to December 15, 2022.
The board acknowledged the service of staff member Ms. Blunt, who was presented with a gift at the end of the meeting.

Meeting Transcript

The meeting will now come to order. Welcome to the November 17, 2022 meeting of the City of Greenville Board of Adjustments. For all of those who will be speaking tonight, if you have not already, please read the notice of hearing, notice of deficiency, and request for waiver of deficiency provided for you at the public podium prior to signing the sign-in sheet. The signing sheet has an acknowledgement on it stating that you have read and agreed to the notice. We thank you. Christopher Lilly? Here. Ann Bellis? Hunt McKinnon. Nathan Cohen. John Lundrine? Here. Ryan Pertle? Here. Daniel Warl? Here. Tanya Foreman. Madam Chair, you have a quorum. Thank you. And Madam Chair, all members present tonight are voting members for tonight's meeting. Very good. Thank you. Thank you. Thank you. Now we'll move on to approval of last month's meeting. Is there a motion to uh approve the meetings? The minutes from last month. So moved. Is there a second? It's been moved by my co-chair, Mr. Lilly, and seconded by Miss Bellis. All those in favor, please do so by saying aye. All those opposed say nay. Motion has passed. Mr. Attorney. Mr. Phillips. Good evening, Madam Chair, members of the board and members of the public. The following applies to all evidentiary matters for consideration by the board tonight. 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. Only evidence that is material competent and substantial will be considered and may be used by the board in its decision-making process. 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. The same rule applies to both the applicant and those in opposition. Pursuant to North Carolina General Statutes 16D-109 and 16D-406 and Section 4 of the Board of Adjustments rules of procedure. No member of the Board of Adjustment shall participate in either the discussion on or vote on any special use permit, variance, or appeal from an administrative officer's decision in any manner that would violate the affected person's constitutional right to a fair and impartial decision maker. Prohibited conflicts include but are not limited to a member having a fixed opinion prior to hearing the matter and not willing to consider changing his or her mind, an undisclosed ex parte communication with the person before the board, any witnesses, staff, or other board members. Decisions on either a request for recusal by a member or objections by a person appearing before the board shall be decided by a simple majority vote. No board member shall take part in the hearing, consideration or determination of any matter in which the board member is involved or has a financial or personal interest.

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