Greenville Board of Adjustment Meeting - August 24, 2023

The Greenville Board of Adjustment met on August 24, 2023, at 6:00 PM in City Hall Council Chambers. The meeting addressed two public hearings: a special use permit for a child daycare facility by Greenville Church of God, and a proposed amendment to a special use permit by Richard P. and Meredith Rizzuti to delete a condition restricting hours of operation for a multipurpose center. After extensive debate and procedural motions, the board voted to strike the hours restriction (Condition G) from the Rizzutis' permit.

Consent Calendar

• No consent calendar items were listed.

Public Comments & Testimony

• Greenville Church of God (first hearing): Amanda Bass, preschool director, presented the application for a half-day drop-in daycare for ages 2–5, with a maximum of 40 children. No public opposition was recorded. The board unanimously approved the permit with staff-recommended conditions.
• Rizzuti Amendment (second hearing): Multiple individuals spoke:
  • Phil Dixon and Scott Dixon (attorneys for applicants): Argued the proposed change was a minor modification, not a rehearing, and that the hours restriction (8:30 AM–5:30 PM, Monday–Friday) unfairly limited the Christian study center's operations, especially for evening and weekend activities. They cited federal religious land use protections and noted that similar uses (fraternities, sororities) had no such restrictions.
  • Richard and Meredith Rizzuti (applicants): Explained they were unaware a condition could impose hour limits; they needed flexibility for Bible studies, evening study groups, and weekend events. They stated they would drop the Superior Court appeal if the condition was removed.
  • Elisha Squires (opponent, adjacent property owner): Requested a continuance due to ongoing parking issues on her street (separate from the board's jurisdiction). She cited increased traffic and anxiety from the center's operation. The board denied her continuance motion (no second).
  • Stuart Squires (witness for Elisha Squires): Spoke about traffic volume and quality-of-life impacts, noting 200–300 cars in a four-hour period.
  • Kia Thompson (opponent, standing granted): Lived across the street from the parking lot; expressed fears of returning to fraternity-era disturbances and noise.
  • Vanessa Polk (witness, no standing): Expressed sadness that residents' concerns seemed undervalued compared to the applicants' interests.
  • William Shiver (witness, no standing): Raised safety concerns for students at night due to increased crime later in the evening.
  • Vanessa Pope (affirmed standing): Not called to speak.

Discussion Items

• Procedural Debate: The board's attorney, Mr. Phillips, argued the request was a rehearing requiring six criteria to be met under res judicata principles. The city attorney, Mr. McGirt, and assistant city attorney, Mr. Alexander, countered that state statute (NCGS 160D-705(c)) allows modifications of special use permits without a rehearing. Staff presented examples of previous modifications (e.g., Dickinson Lofts) that were handled as simple amendments. The board initially voted to treat the application as a rehearing request, but later rescinded that motion to start fresh.
• Continuance Request: Elisha Squires asked for a continuance to obtain legal counsel and resolve parking issues. The motion to continue failed for lack of a second.
• Motion to Accept as Modification: The board voted 5–2 (with Mr. Worrell and Ms. Foreman dissenting) to hear the matter as a modification under NCGS 160D-705(c).
• Evidence and Testimony: Staff reported that the deletion of hours was consistent with past board actions, noting that a more intensive use (tobacco shop) was not given hour restrictions. The applicants presented their case for flexibility, emphasizing the need for evening and weekend hours. Opponents cited traffic, safety, and disruption to the neighborhood.

Key Outcomes

• First Hearing (Greenville Church of God): Approved unanimously with staff conditions. Motion by Mr. Cohen, second by Mr. Worrell. All ayes.
• Second Hearing (Rizzuti Amendment):
  • Motion to keep hours unchanged: Failed 3–4 (Mr. Lilly, Mr. Cohen, Mr. Purdle, Mr. Godley voted no; Ms. Evans, Mr. Worrell, Ms. Foreman voted yes).
  • Motion to strike Condition G (hours restriction): Passed 4–3 (Mr. Godley, Mr. Lilly, Mr. Cohen, Mr. Purdle voted yes; Ms. Evans, Mr. Worrell, Ms. Foreman voted no). The motion removed the condition that limited use of the house on Property 1 to Monday–Friday, 8:30 AM–5:30 PM. All other conditions remain in effect.
• Directive to Draft Order: The board tasked attorney Phillips with drafting a written decision reflecting the contested facts, to be presented at the next regular meeting on September 28, 2023.
• Adjournment: The meeting adjourned after the vote.