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HomeMy Public PortalAbout7.15.1982 Joint Public HearingMINUTES HILLSBOROUGH TOWN BOARD AND PLANNING BOARD PUBLIC HEARING JULY 15, 1982 i I The Hillsborough Town Board and the Hillsborough Planning Board met in joint session on Thursday, July 15, 198'2, at 7:00 PM at the Hillsborough Town Hail. The purpose of the meeting was to conduct a public hearing to consider amendments to Sections 8 and ! 20 of the Hillsborough Zoning ordinance, relative to Home Occupation. Those present were Mayor Lucius M. Cheshire, Jr., Commissioners Smith, Stevens, Brown, Martin and Lloyd. Planning Board members I present were Chairman Frank Sheffield, members Judy Cox, Josephine Holman, Hilda Brody, Nancy Goodwin, Larry Carter, Arthur Plambeck, Myron Martin, Barbara Page and Kick Cannity. others present were Susan and Dirk r'rankenberg, Donald oox, Bettie Sue and Joe Rosemon�l, Manley Palmer, J. H. Phillips, Edith Phillips, Helen Hill, Kitty Murphy, Carton McKee, Jr., John and Barbara Kennedy, Dr. William I Price, Calvin Ashley, Patsy Upton, Richard Lathrop, Elton Casey., Hilda Winecoff, Al Wheless, George Johnson, and Crawford -Goodwin. Mayor Cheshire asked Rev. Larry Carter to lead in prayer and { then called the meeting to order. The Mayor proceeded to read the legal advertisement which was advertised two weeks in the News of Orange. Mayor Chesire asked that the public allow thirty minutes for those opposing the amendments and 3U minutes for thosei in favor of the amendments. He asked that all speakers limit thei�- remarks to 5 minutes. Mayor Cheshire then turned the meeting over to Frank Sheffield, Chairman of the Planning Board. Mr. Sheffield stated this is the second public hearing held regarding the Home Occupation amendments. The Planning Board has 1 met many times to discuss the amendments and feel it is in the interest of the Town of Hillsborough to accommodate Home Occupation Ip if no adverse impact is made on the neighborhood. The approach used by the Planning Board is to not limit particular types of product but to limit the volume and the adverse impact the business; might have on the community. Mr. Sheffield opened the meeting for public imput. Donald Cox asked if the nature of the home occupation is such that six trips would not be expected, is it necessary to provide two parking spaces? The reply was it is necessary to provide two off-street parking spaces for home occupation regardless of the number of trips to the business. Kitty Murphy spoke in favor of cottage industry, stating she did not see how this would provide an unpleasant situation. She cited several homes she had visited while home occupations were being conducted. Barbara Page asked if anyone had had any experience with cottage industry. Barbara Kennedy stated she lived across from the rest home and near Piedmont Electric, that cottage industry is small com- pared to these operations, but she saw no adverse impact from thesfe businesses. Ms. Kennedy named many home occupations which she said she would like to see continued. I Mr. Sheffield stated there is a difference between the sale of service and the sale of goods. Some of the occupations named by Ms. Kennedy were the sale of service, not sale of goods. Al Wheless asked would the amendments to the Ordinance open of close those occupations named. I 0 i Minutes July 15, 1982 j Page two j Mr. Sheffield stated some of the occupations would conform and some would not. Calvin Ashley spoke against home occupations. j Richard Lathrop stated the Town of Hillsborough has a history, of non -enforcement or selective enforcement of its Zoning Ordinance. He spoke of the enforcement of the recently adopted Ordinance regard- ing Unsafe Structures, and asked who would enforce the Home Occupal tion Section of the Ordinance. Mr. Lathrop stated the Towns of Chapel Hill, Carrboro, Mebane, and Durham have ordinances which prohabit home occupations. He stated it is unprecedented -tor a Town the size of Hillsborough to permit home occupations. He asked why do other 'Town not permit sales from homes? Joe Rosemond asked Mr. Lathrop if the Ordinances in other Towns were enforced? Mr. Lathrop did not reply, but asked the Town Board to pro- ceed with caution. Mr. Sheffield stated it is possible to sale in the homes without an adverse impact on the neighborhood. He stated the number of six trips to the business was a rule of thumb used by the Planning Board. Al Wheless asked who would be resppnsible for enforcement of the Zoning Ordinance, and the reply was the Zoning Officer. Mr. Sheffield stated the Town of Chapel Hill does not have a problem with home occupation, however, the language used in their ordinance states "Home occupations shall not generate traffic volume or parking area needs greater than would normally be expected in a residential neighborhood." Al Wheless asked what recourse do citizens have? The reply was an appeal to the Board of Adjustment. Mr. Wheless asked what powers the Zoning Officer has? Rick Haug stated he could issue a stop work order or an ` order to cease and desist, then the matter would be referred to the Town Attorney for legal action. Calvin Ashley asked if the amendments were passed would the sale of beer be permitted from homes. Ii The reply was no, that ABC regulationscontrol the sale of ' beer. Jarvis Belch asked "what about the operation of the world's oldest business?'' The reply was that Privilege Licenses are issued for all legal businesses operating within the Town of Hillsborough, and j that Privilege Licenses are required for Home uccupations as well.' Jarvis Belch stated while he was Planning Technician for thel Town, there was a Home occupation which was denied due to a traffic problem. Judy Cox responded by stated this example was not a home occupation, but was a request for a rezoning from A-10 to General Commercial. The request was denied due to traffic conditions. ! 0 Minutes July 15, 1982 Page three Dirk Frankenberg commended the Planning Board for their tread ment of this delicate matter. He stated his appreciation for their hard work and stated he felt they had done an excellent job. Rev. William Price also expressed his appreciation for the i work of the Planning Board. He added the six trips mentioned in Item F is not a magic word,but just a gauge. Mr. Wheless asked if the 'Town Board anticipated alot or small.) amount of inspection from the Home Uccupation amendments? The reply was that citizens ' complaints would prompt an inspection. Mr. Haug stated complaints forms were available at his office. Joe Rosemond stated he was a neighbour of both Mr. Lathrop and Ms. Frankenberg, and that he had never had any interference and did not know M -s. Frankenbery operated a business until this matter was brought to his attention. Mr'. Lathrop stated, "neither did he". The public hearing was then declared concluded. Respectfully submitted, Agatha Johnson, Town Clerk PLANNING BOARD MINUTES July 15, 1982 Convened in The Barn'of the Town Hall Complex at 8:10 PM All ten membersoof the Board were present. Also Rick Haug and Manley Palmer Chairman Sheffield called meeting to order. Welcomed new member, Art Plambeck to the Board. Addition to agenda: Ms. Cox asked that a study for longirange planning be done for the area south of Town. Mr. Plambeck suggested correlating the study of the Advisory Council of Hillsborough Township (in the 06unty Land Use Plan) with this idea. Rick Cannity concurred. -Mr.. Martin suggested a committee be appointed immediately. Chairman Sheffield suggested a description of the effort be made and to include as much citizen input as possible. He asked Judy Cox to arrange the terms of reference for the committee which would be composed of Rick Cannity, Barbara Page, Frank Sheffield and Judy Cox. Ms. Page noted that the parameters of the area involved need to be determined. In relation to this subject, Rick Cannity stated the need of the Town to have its own Subdivision Ordinance. The question was asked if there could be a moratorium on development in the area for rezoning etc. It was suggested that the staff could recommend denial because of the review process. The Chair asked Rick•-.Cannity to review same with the Institute of Gov't. Nancy Goodwin, chair of the Section 8 Committee reported definitions are being completed and reviewed. Next meeting is Thursday, July 22, 1982. Judy Cox, chair of Section 10 said their next meeting is scheduled for Wednesday, July 21, 1982. The committee is ready with its report. Hilda Brody, chair of the Green Box Committee stated that Commissioner Remus Smith, Jr.. wished to talk with the Planning Board personally in the near future. Meeting adjourned at 8:55 PM.