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Record of Proceedings

Greenville Board of Adjustment Meeting - September 26, 2024

Board of Adjustment — Thursday, September 26, 2024
BodyGreenville, North Carolina
SessionBoard of Adjustment
DateThursday, September 26, 2024
StatusFILED
Video Record
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Transcript — Verbatim
1:07

Now we'll come to order.

1:10

Miss Yates, if you would do the roll call, please.

1:13

Ryan Purdle.

1:14

Daniel World.

1:16

Present.

1:16

Carol Bath.

1:18

Present.

1:19

Jermaine Mayer.

1:20

Sterling Ruffin.

1:22

Nola Dixon.

1:24

Clayton Phil?

1:25

Here.

1:26

Simon Swain.

1:27

Nicholas White.

1:28

Present.

1:29

Mackenzie Burns.

1:30

Present.

1:31

We have four.

1:32

Thank you, Ms.

1:33

Clerk.

1:35

Tony Phelps.

1:36

Mr.

1:36

Chair, members of the board.

1:38

All members present tonight are voting members for tonight's meeting except on as to item number two on old business.

1:47

Ms.

1:48

Burns will not be a voting member on that item, but the remaining five members will be voting members for purposes of that item only.

1:57

Thank you.

1:59

Is there an approval?

2:00

A motion to approve the agenda for tonight.

2:03

I motion to approve.

2:05

Second.

2:06

Motion to approve and a second.

2:08

All those in favor say aye.

2:10

Aye.

2:12

You'll have to bear with me as I remember names.

2:16

We have some discussion about the minutes from July 25th.

2:22

I know that I have some corrections to make on page four of the minutes.

2:55

To not have standing.

3:02

Not individually, but standing as agent of Mr.

3:04

Tetterton.

3:08

So Mr.

3:09

Tetterton with the actual excuse me party.

3:31

Does anybody else have any corrections to make to the minutes?

3:37

Seeing none, is there a motion to approve approve the minutes as corrected?

3:42

Motion.

3:43

Aye.

3:44

Is there a second?

3:46

All right.

3:47

It's been moved and seconded.

3:48

All those in favor say aye.

3:49

Aye.

3:50

All those opposed, say nine.

3:54

Thank you.

3:54

Mr.

3:54

Phillips, do you read the attorney statement?

4:00

Again, good evening.

4:02

Um the following general introduction to quasi-judicial hearings and disclosure statement applies to all evidentiary matters for consideration by the board tonight.

4:14

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

4:23

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

4:34

State law sets specific procedures and rules concerning how this board must make its decision.

Discussion Breakdown — Share of Meeting
Zoning And Land Use████████████████████20%
Legal Procedure████████████████16%
Environmental Protection██████████████14%
Procedural█████████████13%
Public Safety██████6%
Transportation Safety████4%
Public Comment████4%
Community Engagement████4%
Public Health███3%
Summary of Proceedings

Greenville Board of Adjustment Meeting - September 26, 2024

The Greenville Board of Adjustment met on Thursday, September 26, 2024, at 6:00 PM in City Hall Council Chambers. The meeting included approval of minutes, one old business item, and three public hearings for special use permits. All voting members were present except Mackenzie Burns recused from voting on item 2. The board approved all permits, including a contested application from RaceTrac for a convenience store with gas sales at 3201 N. Memorial Drive, after hearing testimony from applicant experts and opposing residents from the Brookhaven community.

Consent Calendar & Old Business

  • Minutes of July 25, 2024: Corrected and approved.
  • Old Business – Proposed BOA Decision and Order for Mohamed Mohamed (BOA File 24-14): Approved unanimously, with Mackenzie Burns not voting as a non-voting member on this item.

Public Comments & Testimony

  • Item 3 – Elite Group Services: Harry Sutherland, CEO, stated the facility would serve up to 25 clients and staff at 2409 Charles Blvd. No public speakers opposed. Staff recommended conditions including compliance with state licensing and client supervision.
  • Item 4 – Raissha Enterprises dba High Life Smoke Shop: Attorney Lawrence Shaheen noted the applicant already operates a High Life Smoke Shop in Greenville with no problems. No public speakers for or against. Staff conditions prohibited sale of tobacco shop class 2 items and limited window advertising.
  • Item 5 – RaceTrac, Inc.: The applicant presented expert witnesses in development, civil engineering, traffic engineering, fuel engineering, and appraisals. They described a 3,500-square-foot convenience store with fueling canopies on a 3.09-acre lot at 3201 N. Memorial Drive. Traffic engineer Travis Fluett stated the site would add only about 60 new trips in the AM peak hour and 68 in the PM peak hour, with 75% of traffic already pass-by. Fuel engineer Jason Rabusa detailed double-walled tanks and continuous monitoring. Appraiser Sam Pate analyzed a comparable gas station in Pitt County and found no diminution in property values.
  • Opponents from the Brookhaven community, represented by Gary Moore (president of Brookhaven Community Association), Barbara Brown, Walter Fields, Vivian Kenyon, and Adrian Rederick, spoke against the project. They cited concerns over property value decline (30-50% referenced), health risks from fumes (benzene, formaldehyde), increased traffic and accidents near Welcome Middle School (413 students, 99% free/reduced lunch), noise, light pollution, environmental justice issues, and the EPA school siting recommendation of 1,000 feet from gas stations. Residents noted their community was established in 1971 and is a desirable minority neighborhood. Gary Moore requested a continuance to obtain an independent appraisal.

Key Outcomes

  • Motion to Continue (RaceTrac): Gary Moore moved on behalf of himself and the Brookhaven Community Association to continue the hearing to October. The board voted 5-1 against the motion (only one vote in favor, identified as Mr. Self seconding but motion failed).
  • Findings of Fact and Petition Approval: For each item, the board adopted findings of fact by reference (silence deemed affirmative) and voted to approve the petitions with staff-recommended conditions.
    • Elite Group Services: Approved unanimously.
    • High Life Smoke Shop: Approved unanimously.
    • RaceTrac: Approved unanimously. The board directed the city attorney to draft a written decision and order for ratification at the October 24, 2024 meeting (or November 21 if needed). Once signed by the chair, a 30-day appeal window to Superior Court will begin, and the decision will be mailed to all parties with standing.

Meeting Transcript

Now we'll come to order. Miss Yates, if you would do the roll call, please. Ryan Purdle. Daniel World. Present. Carol Bath. Present. Jermaine Mayer. Sterling Ruffin. Nola Dixon. Clayton Phil? Here. Simon Swain. Nicholas White. Present. Mackenzie Burns. Present. We have four. Thank you, Ms. Clerk. Tony Phelps. Mr. Chair, members of the board. All members present tonight are voting members for tonight's meeting except on as to item number two on old business. Ms. Burns will not be a voting member on that item, but the remaining five members will be voting members for purposes of that item only. Thank you. Is there an approval? A motion to approve the agenda for tonight. I motion to approve. Second. Motion to approve and a second. All those in favor say aye. Aye. You'll have to bear with me as I remember names. We have some discussion about the minutes from July 25th. I know that I have some corrections to make on page four of the minutes. To not have standing. Not individually, but standing as agent of Mr. Tetterton. So Mr. Tetterton with the actual excuse me party. Does anybody else have any corrections to make to the minutes? Seeing none, is there a motion to approve approve the minutes as corrected? Motion. Aye. Is there a second? All right. It's been moved and seconded. All those in favor say aye.

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