2023.01.25 BOA Special Meeting #1

Woodfin Board of Adjustment Addresses Robinson Road Development Appeal: A Recap

On January 25, 2023, the Woodfin Board of Adjustment convened a special meeting to begin addressing an appeal related to a proposed development on Robinson Road (tax parcels 9740-28-8969 and 9740-29-9345). This meeting, the first of several planned hearings, focused primarily on establishing procedural groundwork and receiving initial expert testimony. The meeting began with administrative tasks, including the unanimous election of Michael Bennett as Chairperson and Scott Hanson as Vice-Chairman. Attorney Josh Portnoy was also formally admitted to represent parties involved in proceedings before the Board, ensuring legal representation can be provided as needed.

The core of the meeting centered on an appeal filed by Citizens for Responsible Land Use (CRLU) and Jessica & Alex Bernstein, challenging a decision made by the interim planning director, Shannon Tuck. A significant portion of the hearing was dedicated to confirming that CRLU and the Bernsteins have "standing" – a legal requirement demonstrating they are directly affected by the development's outcome. The town did not contest their standing, but emphasized adherence to proper procedural guidelines. Following this discussion, Daniel Finley, a traffic engineer and professor at NC State University, testified as an expert witness. Mr. Finley presented findings from his analysis of the proposed development’s potential impact on traffic volumes and safety, utilizing established industry methods and data. His preliminary findings indicated the development would generate “substantial” traffic volumes, potentially increasing crash likelihood by a significant margin – almost five times greater. He also highlighted concerns regarding the impact on curve radii, which are critical for safe navigation, particularly with construction vehicles. A brief disagreement arose regarding terminology, with the town preferring "development" over “group development.”

While no final decisions were made regarding the appeal itself, several key actions occurred. Exhibits including Mr. Finley’s resume and his detailed analysis report were formally admitted into the record for future consideration by the Board. The Board repeatedly emphasized that this hearing is a "quasi-judicial" proceeding, requiring decisions to be based on “competent, material and substantial evidence.” This highlights the Board’s commitment to a thorough review process grounded in factual findings. Citizen participation was facilitated through opportunities for input regarding standing, allowing residents to voice their concerns and perspectives.

Looking ahead, the hearing on the Robinson Road development appeal will continue at a later date. Mr. Portnoy, representing CRLU and the Bernsteins, is scheduled to continue questioning Mr. Finley regarding his analysis in subsequent hearings. The Board will then review all evidence and testimony before ultimately making a decision on the appeal. This process underscores the Board’s commitment to carefully evaluating the potential impacts of this development on the community.

Why This Matters: The outcome of this appeal will directly impact residents living near Robinson Road and potentially affect traffic patterns throughout the Woodfin area. The Board’s deliberations will determine whether the development proceeds as initially proposed, or if modifications are required to address concerns about traffic safety and other potential impacts. Residents can expect further opportunities for public input as the process unfolds, demonstrating Woodfin’s commitment to transparent and inclusive decision-making.