Board of Adjustment 3/28/24

Board of Adjustment Meeting Recap – March 28, 2024

The Board of Adjustment held its regular meeting on March 28, 2024, addressing a key variance request and clarifying the role of the Zoning Administrator in ensuring compliance with approved variances. The meeting was attended by all board members, including newly sworn-in member George Stoyer, and Town officials.

The primary focus of the meeting was a variance request (VA 2023-03) submitted by Dowd Montreat LLC for a property located at 325 North Carolina Terrace. The request sought permission to increase the permitted graded area and development intensity ratio on the property, exceeding current zoning regulations. Following a detailed discussion considering the impact of these changes, the Board ultimately approved the variance request by a vote of 3-1 with one abstention. While initial concerns were raised regarding the approval process, clarification from Town Counsel helped resolve these questions and ensure a clear understanding of the legal requirements.

Beyond the variance request, a significant portion of the meeting was dedicated to understanding and clarifying the responsibilities of Kayla Castrina, the Town’s Zoning Administrator. Discussions centered on how she ensures that approved variances are properly implemented and adhered to during the development process. Kayla explained that a variance does not automatically grant permission to develop; rather, it provides an exception to specific zoning conditions. Subsequent permits and inspections are still required to ensure compliance with all applicable regulations, a point emphasized by Kayla to clarify any potential misunderstandings. One board member praised Kayla's professionalism and responsiveness, highlighting her dedication to ensuring a fair and transparent process.

During the meeting, a board member shared positive feedback regarding the fairness and openness of the Board’s hearings process. This reinforces the commitment to providing accessible and equitable opportunities for residents to engage with zoning decisions.

Looking ahead, several action items were identified: Kayla Castrina will continue to monitor compliance with approved variances and oversee the development permit process. Additionally, Town Counsel will be consulted to confirm legal interpretations related to voting procedures for written orders, ensuring clarity and consistency in future meetings. Finally, a training session has been scheduled for April 17th from 11:00 AM to 12:00 PM, providing an opportunity for the Board to further refine its understanding of zoning regulations and procedures. Details regarding this training will be shared by Kayla Castrina.

This meeting’s outcome directly impacts residents and developers in the area surrounding 325 North Carolina Terrace, as it allows for a revised development plan to proceed. The discussions surrounding the Zoning Administrator's role and voting procedures also contribute to a more transparent and well-informed decision-making process for all future zoning matters.