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That's it.
>> All right, we'll get started with the

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town of Seed Point Planning Board
meeting for September 1st. Uh, call to

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order and roll call. Michael Castellano
>> here. Phil Davis

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00:00:12,400 --> 00:00:14,719
» here.
>> Brad Smith here.

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00:00:13,759 --> 00:00:17,199
» Tony Mitchell here.
>> David Autry here.

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00:00:15,759 --> 00:00:21,760
» Ed Owens here.
>> We are all present. Uh, has everyone had

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a chance to look at the meeting minutes
from July 7th?

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00:00:24,480 --> 00:00:30,160
Any concerns, problems, changes
suggested?

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00:00:28,560 --> 00:00:33,360
And if not, someone want to make a
motion to approve?

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00:00:31,599 --> 00:00:39,520
» I'll make a motion to approve.
>> Second. Okay. All in favor? Minutes are

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00:00:37,120 --> 00:00:45,280
approved for July 7th. New business.
First is a resoning request RZ206

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00:00:43,280 --> 00:00:49,440
PAC02.
David, want to give us the gist of it?

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00:00:47,520 --> 00:00:53,520
Sir.
>> Uh, this is a request for a

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00:00:51,200 --> 00:00:58,640
reasonzoning. Uh, the current zoning of
the property is R15M.

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00:00:55,600 --> 00:01:04,080
They're requesting a B1
uh zoning. I'll give you a little aerial

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00:01:01,840 --> 00:01:09,200
map here. So, this is Western Park on
the lefth hand side of the screen. So,

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00:01:05,760 --> 00:01:14,320
this is Old Highway 58. Uh the property
um that's being proposed for reszoning

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00:01:11,040 --> 00:01:20,960
is here at 258 Old Highway 58. To the
north is R15M. To the south is B1. This

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00:01:17,920 --> 00:01:25,520
property is um this is an older aerial.
Doesn't show the new Crossley building

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00:01:23,439 --> 00:01:31,520
sits on this track here, 246. So, that's
the adjoining property. Um,

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00:01:29,439 --> 00:01:35,840
so the application is there in the
packet. I'm not going to read it to you.

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00:01:33,200 --> 00:01:40,400
He he put in some responses to the
questions for you. Um, I will say from

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00:01:38,400 --> 00:01:46,399
the town standpoint,
uh, this proposal is completely in line

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00:01:42,799 --> 00:01:51,119
with the town's long-term plan. If we
look at our final, uh, camel

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00:01:48,240 --> 00:01:57,680
comprehensive land use plan,
look at the future land use map here.

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00:01:53,680 --> 00:02:03,200
I'll zoom in. Uh this property is on the
right hand side of old old highway 58 uh

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00:02:00,640 --> 00:02:07,280
which is
uh shown here south of Sherwood Avenue.

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00:02:05,759 --> 00:02:12,319
Actually it's just north of Sherwood
Avenue. So this area right here and as

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00:02:09,920 --> 00:02:16,720
you can see it's all shown in red with
red being uh future use for commercial

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00:02:14,959 --> 00:02:21,040
and office
uh rather than residential use. So his

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00:02:19,360 --> 00:02:27,360
proposal is in keeping line with the
town's intentions. I think if we had the

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00:02:23,680 --> 00:02:31,680
ability to force a reasonzoning um which
I mean we technically could but it's

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00:02:28,879 --> 00:02:35,760
usually not very politically favor you
know favored a little frowned upon um it

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00:02:34,080 --> 00:02:39,120
would all be zoned commercial that would
be the long-term intention would be for

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00:02:37,360 --> 00:02:44,000
that road to be our next commercial
corridor.

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00:02:40,720 --> 00:02:50,319
So, uh, with that, I did go ahead and
provide you a

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00:02:46,640 --> 00:02:56,560
page here, a, uh, consistency statement
that does indicate a favorable, uh,

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00:02:54,480 --> 00:03:01,120
response to approve the reasoning
request because it is consistent with

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00:02:58,959 --> 00:03:04,959
the comprehensive land use plan. Uh,
specifically, the future land use map as

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00:03:03,440 --> 00:03:08,959
all of the east side of old highway 58
including this parcel as shown as

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00:03:06,560 --> 00:03:13,519
commercial and office.
I'm open to any questions that you have

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00:03:10,480 --> 00:03:20,159
on this one.
>> So, uh, what's the, uh, was it the 10,00

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00:03:17,120 --> 00:03:23,760
circle on the intersection of 5824? Do
you have a overview?

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00:03:21,920 --> 00:03:26,640
» Um, I don't have that pulled up. If I
could get you on it is within the

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00:03:24,959 --> 00:03:33,200
central business overlay district, but
>> Okay. And then, wasn't the town weren't

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00:03:29,280 --> 00:03:36,400
we going to build a path all the way to
through that? Don't we have an easement

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00:03:34,640 --> 00:03:46,080
for
to connect the road or a pathway

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00:03:39,760 --> 00:03:48,480
bike path that was going to tie in to uh
to the walking path. Wasn't there

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00:03:47,440 --> 00:03:50,959
something I was going to cut across
here?

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00:03:49,120 --> 00:03:55,040
» So, nothing to cut across in this
particular area. Um, two things you

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00:03:52,879 --> 00:03:58,400
might be thinking of. One, the town's
plan would be to pull put a multi-use

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00:03:57,360 --> 00:04:02,640
path
>> down the side of Old Highway 58.

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00:04:00,799 --> 00:04:07,840
However, that would be on the west side,
so opposite of this property. Uh, and it

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00:04:05,200 --> 00:04:12,560
would be within the existing rideway.
So, that would go all the way down Old

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00:04:09,439 --> 00:04:16,959
Highway 58, come up to BFW Road, and
then have the potential to cross over to

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00:04:14,799 --> 00:04:22,639
Cape Carter's path there. The other
thing you might be thinking of is

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00:04:20,000 --> 00:04:29,440
uh a little south of this
uh I'll pull up um

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00:04:26,320 --> 00:04:32,320
county GIS here.
Yeah, right there

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00:04:30,320 --> 00:04:35,280
» is an extension of Sherwood Avenue.
>> Yes.

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00:04:33,040 --> 00:04:39,280
» Um that would be designed as a road if
DOT would ever allow it.

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00:04:37,280 --> 00:04:42,320
» But that propertyy's sitting right on
top of that, right?

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00:04:40,479 --> 00:04:46,639
» No, this property is up here.
>> Okay.

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00:04:43,759 --> 00:04:50,800
» And that potential road connections
further to the south.

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00:04:48,000 --> 00:04:56,040
» Okay.
>> This one actually shows the cross of the

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00:04:52,400 --> 00:04:56,040
building in place there.

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00:04:56,960 --> 00:05:04,000
So if we go to
B

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00:05:02,880 --> 00:05:09,120
what B
>> B1 is what's being requested which

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00:05:06,479 --> 00:05:13,840
adjoins the neighboring B1
>> does uh B1 allow for multifamily use or

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00:05:13,199 --> 00:05:19,120
no
>> no

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00:05:15,680 --> 00:05:23,360
B1's um one commercial district that
does not allow

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00:05:21,759 --> 00:05:27,360
» which this parcel isn't large enough to
do with multif family

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00:05:25,440 --> 00:05:31,919
» any house barely large enough for single
family residential.

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00:05:29,199 --> 00:05:35,520
» How wide is that at the
old highway 58?

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00:05:33,039 --> 00:05:43,199
» Uh at the 58 side it's looking like 30
ft wide. At the old highway 58 117 ft.

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00:05:39,759 --> 00:05:46,400
» Any uh indicators what may go in there?
>> No.

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00:05:44,880 --> 00:05:51,759
No.
Um, I think one one of the issues that's

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00:05:48,880 --> 00:05:56,800
kind of prompted this is across the
street, this property at 259 has been

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00:05:55,280 --> 00:06:00,800
putting some stuff over there for his
marine contracting business. We've

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00:05:59,120 --> 00:06:05,280
identified to him that that is a
violation of the ordinances and it would

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00:06:03,520 --> 00:06:11,120
continue to be because we don't allow a
contractor's layown yard like that. Um,

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00:06:08,639 --> 00:06:14,240
but by reszoning it to commercial, he
could actually park his trucks over

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00:06:12,720 --> 00:06:18,800
there. At least get that out of his
property at 259.

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00:06:15,759 --> 00:06:25,319
» Is that So the person who owns 259, is
he the one doing 258?

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00:06:21,120 --> 00:06:25,319
» No, he does not. He's his son.

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00:06:27,120 --> 00:06:40,160
Will there be access from Highway 58 um
through those woods to just from? So,

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00:06:36,319 --> 00:06:46,000
we're not even allowed to provide access
uh to Highway 58 through this proposed

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00:06:43,759 --> 00:06:53,919
connection here because that whole
section of Highway 58 is considered um

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00:06:51,680 --> 00:06:58,240
um
>> No, it's a controlled access, fully

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00:06:56,319 --> 00:07:01,919
controlled access on our side of the
road. The Karter side is considered

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00:07:00,319 --> 00:07:06,800
partially controlled because there is
one cut in the fence, but it has the um

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00:07:05,520 --> 00:07:10,080
fence that runs all the way along
through there. You just can't see it

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00:07:08,319 --> 00:07:14,000
because it's behind the woods, but
that's controlled access. They would

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00:07:12,160 --> 00:07:19,120
they said if we ever tried to connect
this road, it would have to go through

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00:07:16,479 --> 00:07:23,039
the board of transportation for the
state and would probably require the

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00:07:21,039 --> 00:07:28,720
payment of money to the state because
they paid to close that years and years

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00:07:25,919 --> 00:07:32,560
ago, like decades at this point.
And then if we reszone it, would they

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00:07:30,639 --> 00:07:38,000
then have to come in compliance with
buffer tree because now you're next to a

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00:07:35,759 --> 00:07:42,960
residential?
>> So, uh, anything that they would do on

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00:07:40,319 --> 00:07:45,280
that north side would have to require
buffer.

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00:07:43,440 --> 00:07:50,000
» What about on the front side?
>> Uh, that would require street yard

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00:07:47,280 --> 00:07:54,720
landscaping.
>> So, before he starts laying down. Oh,

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00:07:52,720 --> 00:07:57,919
he's already using as a lay down, right?
>> He has been, which is in violation.

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00:07:56,879 --> 00:08:01,440
side employ.
>> Okay. So, he'd have to come up. So,

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00:07:59,520 --> 00:08:05,360
» that's why they're asking to resone,
>> but he would come back to us with

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00:08:03,039 --> 00:08:09,039
landscaping plan or
>> would he would he have to if he was just

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00:08:07,280 --> 00:08:12,960
parking trucks there?
>> We we probably wouldn't require as long

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00:08:10,800 --> 00:08:16,495
as parking trucks. If he wanted to put a
structure on there, then he would have

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00:08:14,879 --> 00:08:20,560
to.
[clears throat]

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00:08:16,800 --> 00:08:25,080
» Any complaints from two 274 above it?
that we haven't heard anything from land

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00:08:25,919 --> 00:08:31,080
pretty good pretty fair bit of
vegetation there.

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00:08:31,280 --> 00:08:34,280
» Yeah.

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00:08:34,640 --> 00:08:41,440
Is there anything stopping him from
ripping all that down and not leaving a

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00:08:38,399 --> 00:08:44,839
vegetative butt he chose not to build?
Nothing stop

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00:08:46,959 --> 00:08:52,240
a small house on it.
Well, that would not be the town's

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00:08:51,120 --> 00:08:56,440
preference because our preference would
be that it all be commercial something.

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00:08:57,839 --> 00:09:02,880
» So, is it the guy that owns 259 that
owns 258?

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00:09:02,000 --> 00:09:07,440
» Family?
>> Family.

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00:09:04,000 --> 00:09:11,720
» So, the owner of 258,
his son-in-law owns 259.

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00:09:14,880 --> 00:09:22,320
That was a month or two ago.
Any

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00:09:20,000 --> 00:09:27,519
questions?
Anybody want to make a motion to approve

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00:09:24,160 --> 00:09:30,519
or deny the request in consistency
statements?

122
00:09:33,360 --> 00:09:42,320
I'll make a motion to approve the
resoning request 2026-02

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00:09:39,839 --> 00:09:46,640
proposed consistency.
Okay, we have a motion to approve and

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00:09:44,160 --> 00:09:53,519
the uh the resoning request and the
consistency stage. We have a second.

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00:09:51,360 --> 00:10:00,240
All in favor?
Okay, it's unanimous. Approved.

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00:09:56,959 --> 00:10:05,000
» We'll move on to reszoning request
RZ2026

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00:10:02,000 --> 00:10:05,000
TAC03.

128
00:10:05,440 --> 00:10:08,399
» All right.
>> Go ahead.

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00:10:06,480 --> 00:10:12,080
» Um if you don't mind, I'll I'll present
both of these together if that's okay.

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00:10:10,080 --> 00:10:15,279
they are joining tracks of land. The
only reason it required two separate

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00:10:14,079 --> 00:10:20,880
applications
>> is because the same owner

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00:10:18,320 --> 00:10:25,680
» owner of the properties uh has them in
two separate LLC's. So the legal owners

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00:10:23,040 --> 00:10:29,920
two separate LLC's but the individual
behind both of them

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00:10:27,920 --> 00:10:32,720
» same we zone two.
>> Do you need the planning board to vote

135
00:10:31,440 --> 00:10:35,120
on them separately?
>> We'll vote on them separately but I'll

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00:10:34,079 --> 00:10:38,320
go and present them to you.
>> Okay.

137
00:10:36,079 --> 00:10:45,279
» As one because they're they're so
similar. Uh applicant information is uh

138
00:10:41,760 --> 00:10:50,320
is there provided to you.
Um it says applicant is same as property

139
00:10:47,839 --> 00:10:53,600
owner but it's actually in an LLC just
for clarification.

140
00:10:52,000 --> 00:10:58,000
Um [clears throat]
both of these are currently zoned R20

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00:10:56,000 --> 00:11:04,160
PUD which is for planned unit
development. We no longer have language

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00:11:00,160 --> 00:11:09,760
in our ordinances that uh address puds.
Uh however this is uh this has been

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00:11:06,720 --> 00:11:15,680
permitted years and years ago. It's a
fivephaseed plan. He has now done two of

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00:11:12,640 --> 00:11:19,440
those five phases. A resoning would not
cause him to lose his vested rights,

145
00:11:17,680 --> 00:11:24,079
what you call it, his rights to continue
developing under that plan. So, he has

146
00:11:22,160 --> 00:11:28,480
two buildings there. His plan actually
allows for five. The zoning does not

147
00:11:26,560 --> 00:11:34,160
impact that.
>> Um, but the underlying zoning, uh, he's

148
00:11:31,839 --> 00:11:38,240
asking to be changed to B3. I'll show
you the the map of this. Uh is everybody

149
00:11:36,800 --> 00:11:42,800
familiar with the property where it's
located?

150
00:11:40,240 --> 00:11:46,720
» Um you've got two there they're there
two apartment buildings sitting here.

151
00:11:44,720 --> 00:11:51,519
ODM is the road that comes in along the
side property line right here to access

152
00:11:49,200 --> 00:11:54,480
both of them. Uh I can pull up and show
you the P drawing, but it basically

153
00:11:52,800 --> 00:11:57,920
shows two more buildings here and then
what one up here in the middle. Before

154
00:11:56,399 --> 00:12:00,480
he could put the one in the middle, he
would have to recombine those two lots.

155
00:11:59,920 --> 00:12:04,640
Mhm.
>> Uh [clears throat] which is part of the

156
00:12:01,519 --> 00:12:07,360
reason why he would not want to reszone
one and not the other because you have

157
00:12:05,920 --> 00:12:13,600
to go through the process later on to
reszone the other one. So that's why

158
00:12:09,120 --> 00:12:24,160
he's asking for them combined. Um he has
installed a pier out here on uh 125

159
00:12:19,279 --> 00:12:28,639
ODM and um has begun leasing slips, boat
slips out there, which is not uh

160
00:12:26,880 --> 00:12:33,760
technically permitted in a residential
zone.

161
00:12:29,839 --> 00:12:40,800
Um, however, apartments as these are are
allowed in both a residential 20 zone as

162
00:12:36,320 --> 00:12:45,760
well as a B3. So, that part's not an
issue. U, the reasoning can take place

163
00:12:43,200 --> 00:12:50,959
and still allow the uh development use
because that is allowed use in that. Um,

164
00:12:48,880 --> 00:12:55,360
but what he's actually asking for is to
bring it into compliance uh to allow

165
00:12:53,440 --> 00:13:00,079
those slips to be rented out separately
rather than just to the units of this

166
00:12:57,680 --> 00:13:03,680
property. Um, and it would allow him to
put a sign out front by it being a

167
00:13:02,480 --> 00:13:08,000
commercial property as opposed to
residential.

168
00:13:05,279 --> 00:13:15,440
Not going to change the use of it. It
still be apartments, but he can't put a

169
00:13:11,760 --> 00:13:21,120
sign advertising the actually he can't
advertise the units other than a small

170
00:13:17,839 --> 00:13:26,560
sign. Um he can't put in develop
development sign or uh something about

171
00:13:23,920 --> 00:13:31,120
the the boat slip at the back but they'd
be residential. Can you remind us what

172
00:13:29,360 --> 00:13:34,399
B3
might entail or gives them option of

173
00:13:33,600 --> 00:13:40,200
doing?
>> Sure I can give you some of that just

174
00:13:37,200 --> 00:13:40,200
second.

175
00:13:46,240 --> 00:13:54,880
So, under your permitted use table, uh
your B3,

176
00:13:52,320 --> 00:14:00,000
couple pages here,
ABC stores, antique gift stores,

177
00:13:57,199 --> 00:14:05,360
appliance stores, auction house, uh
automobile sales and rental, bakery and

178
00:14:02,480 --> 00:14:10,720
delicate testing, banks, barber, beauty
shops, bed and breakfast,

179
00:14:08,079 --> 00:14:16,560
business, vocational school, bar wash,
self service, clinic lab, commercial

180
00:14:13,760 --> 00:14:23,120
printing, streetyard display, place,
shopping center, convenience, food

181
00:14:18,959 --> 00:14:27,279
stores with or with gas,
docks and pierce commercial. Here's the

182
00:14:24,800 --> 00:14:34,079
one that being triggered.
>> Uh live, work, dwelling,

183
00:14:30,560 --> 00:14:39,199
uh town houses as a special use permit.
Uh,

184
00:14:36,560 --> 00:14:45,519
and you got general business, retail
sales, grocery stores, home centers,

185
00:14:41,920 --> 00:14:52,120
motel, hotel, labs,
special use for laundry, library,

186
00:14:49,120 --> 00:14:52,120
therapists,

187
00:14:52,240 --> 00:14:56,105
uh, club facilities, [clears throat]

188
00:14:56,720 --> 00:15:06,560
nonprofits, offices, lots of offices,
package treatment, box sewer treatment,

189
00:15:03,360 --> 00:15:12,399
some parks,
pet gramming, personal service.

190
00:15:10,320 --> 00:15:16,320
That's not a standalone use. The pre
fabricated cargo shipping containers,

191
00:15:14,639 --> 00:15:21,600
uh, production, retail, repair
facilities, indoor wreck.

192
00:15:19,839 --> 00:15:26,160
We got some restaurants and schools of
special use,

193
00:15:24,320 --> 00:15:31,199
signs, manufacturing, assembly, skating
rinks, spa, health club,

194
00:15:30,000 --> 00:15:38,880
theaters, [clears throat]
veterary clinic. One thing to know about

195
00:15:34,320 --> 00:15:44,560
uh this particular property, his um
not only is does he have the right to

196
00:15:41,360 --> 00:15:47,839
continue using it for the apartments
that is probably going to be his highest

197
00:15:46,240 --> 00:15:52,480
and best use for that property because
it is in fact in a flood plane as well.

198
00:15:50,480 --> 00:15:57,920
» So it would be difficult to develop
commercially other than for the for the

199
00:15:55,279 --> 00:16:01,759
smoke slips out of the back.
It being waterfront property, is there

200
00:15:59,600 --> 00:16:05,920
any particular reason we did not choose
a B2 property because that's typically

201
00:16:03,759 --> 00:16:09,440
for the for the waterfront things,
right?

202
00:16:06,639 --> 00:16:14,680
» So, um, with the B2, it does not allow
the residential.

203
00:16:11,680 --> 00:16:14,680
» Okay.

204
00:16:15,961 --> 00:16:17,981
[clears throat]

205
00:16:18,000 --> 00:16:22,639
» Did you say he was planning on building
more apartment units?

206
00:16:20,959 --> 00:16:27,199
» Yes.
>> Yeah. He has two buildings now. has the

207
00:16:24,480 --> 00:16:33,519
right to do another three on those
combined portions.

208
00:16:29,600 --> 00:16:38,959
» So even though B3 um allows those
particular businesses for what you know

209
00:16:36,480 --> 00:16:43,040
he's not by long doing those other ones
he's building more residential units.

210
00:16:41,839 --> 00:16:46,160
» That's my understanding
>> because yeah it's in a flood zone. He's

211
00:16:44,560 --> 00:16:49,279
he's gonna he would have to raise
everything

212
00:16:47,440 --> 00:16:51,360
» and those buildings are the residential
raised.

213
00:16:49,839 --> 00:16:56,880
» Yeah. But I mean a shop in you wouldn't
be able to put a shop. Well, I guess you

214
00:16:52,959 --> 00:16:58,800
could stilts put anything on stilts with
enough money.

215
00:16:57,440 --> 00:17:01,120
» You can put anything.
>> You got enough money.

216
00:16:59,600 --> 00:17:04,480
» You got enough money.
>> Yeah. They just don't unless you're

217
00:17:03,120 --> 00:17:07,439
putting something like a bar or
restaurant that's taking advantage of

218
00:17:05,760 --> 00:17:10,480
the water view.
>> It usually doesn't do well to put

219
00:17:09,039 --> 00:17:16,720
commercial on. stuff.
>> Uh once he is a

220
00:17:14,319 --> 00:17:22,559
business zone
and he builds something on there, he is

221
00:17:19,839 --> 00:17:25,919
neighboring residential zones.
>> He then have a vegetative buffer

222
00:17:24,400 --> 00:17:29,919
requirement
for

223
00:17:27,919 --> 00:17:33,520
» he wouldn't because of he's he has
vested rights under the plan that's

224
00:17:31,360 --> 00:17:36,160
already been approved.
So

225
00:17:33,840 --> 00:17:41,360
» as long as long as he builds it just
like it's shown on there. Okay.

226
00:17:39,600 --> 00:17:46,240
So if he were to choose to build
anything else or something commercial,

227
00:17:44,240 --> 00:17:48,799
» he would then need and the dock doesn't
count as a commercial building,

228
00:17:48,400 --> 00:17:53,200
» right?
>> Okay.

229
00:17:50,960 --> 00:17:57,440
So the property to the west of it, it's
got a pretty robust

230
00:17:55,679 --> 00:17:59,679
dock pier. I mean, are they renting that
out, too?

231
00:17:58,720 --> 00:18:05,880
» Yes.
>> So they're not

232
00:18:02,640 --> 00:18:05,880
the vehicles.

233
00:18:07,600 --> 00:18:14,080
» Yeah. So technically that should be
reszoned as well.

234
00:18:12,080 --> 00:18:17,600
» So what does the town do if if you're
not

235
00:18:15,760 --> 00:18:20,559
conforming?
Are they getting levied fines or what's

236
00:18:19,520 --> 00:18:25,480
what's going on?
>> No, because it hadn't crossed my mind

237
00:18:21,760 --> 00:18:25,480
until you asked the question.

238
00:18:26,000 --> 00:18:30,320
» I don't think anybody's just ever
thought of it. I'd have to go back to

239
00:18:29,039 --> 00:18:33,919
see if he's grant I don't know when it
went in. But I mean I don't know if he

240
00:18:32,320 --> 00:18:37,440
if he's continued to make use of it.
Certainly that's a newer structure. But

241
00:18:36,080 --> 00:18:39,760
I don't know if there was one before
that that was being used for that

242
00:18:38,880 --> 00:18:47,840
purpose or not
>> as GIS because GIS right now is 2026 the

243
00:18:43,120 --> 00:18:51,520
current uh satellite photos
because you're right. I mean to to

244
00:18:49,679 --> 00:18:55,039
Doug's question we got residential on
either side

245
00:18:53,600 --> 00:19:00,160
but you don't have to put anymore
either.

246
00:18:57,200 --> 00:19:07,280
Is there another uh reszone that would
cover his apartments inside the B3?

247
00:19:04,320 --> 00:19:11,520
» Another resone. any other I mean any
right okay residential but

248
00:19:10,080 --> 00:19:12,880
» that would cover so it would cover his
apartments.

249
00:19:12,400 --> 00:19:15,120
» Yes.
>> He's just trying to get it because of

250
00:19:14,080 --> 00:19:18,720
the dock.
>> Yeah. And to allow signage. That's

251
00:19:16,960 --> 00:19:23,600
really his that's what he came in about
was he wanted to put signage out front.

252
00:19:21,120 --> 00:19:27,120
It's like well signage for what? Well
for my rentals at the back. At that

253
00:19:26,000 --> 00:19:31,360
point we didn't know that they were
being rented. We just assumed they were

254
00:19:28,799 --> 00:19:36,480
like part of the apartment you know
usage.

255
00:19:32,960 --> 00:19:41,039
I'm curious about GIS though.
>> What are what's your G?

256
00:19:38,400 --> 00:19:44,360
» Just to see what the overhead photo is
for 2026.

257
00:19:50,960 --> 00:19:55,559
» Even added to it from your folder. Yeah.

258
00:19:57,520 --> 00:20:00,520
Six.

259
00:20:02,240 --> 00:20:08,679
And he built it new and always
residential.

260
00:20:05,679 --> 00:20:08,679
Okay.

261
00:20:15,360 --> 00:20:23,720
» So, so these question. So, so these are
the property lines.

262
00:20:19,440 --> 00:20:23,720
» So, if we go back to the other map,

263
00:20:23,840 --> 00:20:33,440
we go down to closer to the street. So
this this it's it's B1 in the front of

264
00:20:29,520 --> 00:20:35,840
that property but or 20 in the back.
That looks like that's one property.

265
00:20:34,960 --> 00:20:40,640
» It is.
>> It's a split zone property which we

266
00:20:37,520 --> 00:20:46,000
don't allow anymore.
>> Yeah, we have I think three of them left

267
00:20:43,039 --> 00:20:50,559
and two of them are on this right now.
>> What does a B

268
00:20:48,400 --> 00:20:53,760
ret transansition? How does that compare
to our overall land use plan for this

269
00:20:52,559 --> 00:20:58,480
area?
So, our land use plan shows it being

270
00:20:56,080 --> 00:21:01,480
residential.
Um,

271
00:21:02,240 --> 00:21:05,960
not there,

272
00:21:11,840 --> 00:21:18,400
but I suspect we or they recommended it
uh be residential or consultants because

273
00:21:16,880 --> 00:21:24,039
there's apartment buildings on there,
not thinking that it would ever change

274
00:21:20,559 --> 00:21:24,039
to something else.

275
00:21:24,960 --> 00:21:33,640
I mean it's
his focus. I mean he he built those

276
00:21:28,559 --> 00:21:33,640
docks knowing it was residential.

277
00:21:41,520 --> 00:21:46,960
You have a proposed consistency
statement for this should we choose to

278
00:21:45,600 --> 00:21:52,559
approve it.
>> Yeah. So um when you look at the consist

279
00:21:50,240 --> 00:21:57,159
I'll walk through
some of the things uh with it.

280
00:21:58,640 --> 00:22:05,120
So here's our KMA goals uh the CAM goals
and then our Cedar Point goals to recre

281
00:22:03,360 --> 00:22:09,200
uh embrace recreational identity to
ensure land use compatibility, improve

282
00:22:07,360 --> 00:22:14,240
multimodal transportation, strengthen
community resilience, embrace

283
00:22:11,280 --> 00:22:20,720
recreational identity again u resilience
and resilience.

284
00:22:16,880 --> 00:22:27,360
Um, so as far as a
uh get to the agenda packet.

285
00:22:24,480 --> 00:22:33,200
So if you were to recommend approval of
it, I would recommend um I would use the

286
00:22:31,280 --> 00:22:37,200
language that it's consistent with the
comp plan because one of the town's

287
00:22:35,280 --> 00:22:41,520
goals therein is to improve and expand
recreational opportunities in the town

288
00:22:39,360 --> 00:22:45,919
in including increasing access to the
water. The proposed resoning is to make

289
00:22:43,919 --> 00:22:50,880
its waterfront more usable by allowing
commercial use thereof for dock rentals

290
00:22:47,840 --> 00:22:55,440
including the advertising thereof.
Um you could also if you wanted to add

291
00:22:53,200 --> 00:23:03,200
to that look at it from the standpoint
of if we're providing dock rentals um

292
00:22:59,600 --> 00:23:06,720
along the waterfront. Um a small
facility like that creates more of a

293
00:23:04,799 --> 00:23:11,679
small town feel as opposed to a large
commercial marina. you could take that

294
00:23:08,720 --> 00:23:19,520
approach as well. Um if you're inclined
to deny it um then I would point to the

295
00:23:15,919 --> 00:23:23,200
um comprehensive land use plan and say
that even though it looks like the

296
00:23:21,440 --> 00:23:30,720
intention would be to keep it primarily
residential

297
00:23:24,960 --> 00:23:34,080
um due to the existing um HUD uh by
allowing it to be reszone commercial

298
00:23:32,720 --> 00:23:38,720
would allow for other commercial
development.

299
00:23:35,919 --> 00:23:42,559
not not um not in keeping with our
future land use plan. So, I think

300
00:23:41,120 --> 00:23:47,039
there's options either way you want to
go with it depending on what you want to

301
00:23:44,720 --> 00:23:51,760
focus on.
>> Will those boat slips be exclusively

302
00:23:49,600 --> 00:23:55,120
only available to the residents of those
buildings or be open to the public?

303
00:23:54,080 --> 00:24:01,760
» Open to the public.
>> Whoever wants to rent for rent.

304
00:23:59,120 --> 00:24:06,640
» If he only allowed residents of that
property to have the boat slips, would

305
00:24:03,440 --> 00:24:10,559
this be an issue? No.
And then when you go to B3, he could put

306
00:24:08,320 --> 00:24:13,919
a restaurant on stilts back there and
put parking on the front of the of his

307
00:24:12,480 --> 00:24:17,440
of the lot. There's enough room.
>> He can't build in closer.

308
00:24:16,240 --> 00:24:22,000
I mean, if he wants to tear those
buildings down,

309
00:24:20,640 --> 00:24:25,039
there's not enough room to put it right.
>> The septics are is back there. See that?

310
00:24:23,840 --> 00:24:29,559
See all the septic lines?
>> You'd have to re Okay.

311
00:24:29,836 --> 00:24:31,856
[clears throat]

312
00:24:32,000 --> 00:24:38,360
in the front uh schoolhouse. We get
closer to 24.

313
00:24:40,960 --> 00:24:45,600
» Does he have to follow the pled those
three other buildings

314
00:24:44,080 --> 00:24:49,279
» if he wants to put three more buildings
in there?

315
00:24:46,080 --> 00:24:52,799
» So what happens if I could he scrape
those plans for those three buildings

316
00:24:50,799 --> 00:24:55,440
and put something else there?
>> Yeah, he'd lose any rights at that

317
00:24:54,720 --> 00:24:59,279
point.
>> Rights meaning he would have to put in

318
00:24:57,600 --> 00:25:04,640
vegetative barrier things like that
would be there. So he could put once B3

319
00:25:02,720 --> 00:25:07,520
whatever's not in B3 zone he could put
up front if he wanted to as long as it

320
00:25:06,720 --> 00:25:14,080
comes up here.
>> Yeah. As long as it meets our zoning

321
00:25:10,159 --> 00:25:17,720
ordinance and flood plan ordinance
>> and get the subject.

322
00:25:18,880 --> 00:25:26,720
So if I So if I understand this
correctly right now,

323
00:25:23,840 --> 00:25:32,159
he can do what he's doing
as long as he only rents those boat

324
00:25:28,880 --> 00:25:35,840
slips to the residents of the of
property that are renting on the

325
00:25:33,760 --> 00:25:40,960
property.
He wants to change it. if he changes it,

326
00:25:38,480 --> 00:25:47,120
he can rent it to anyone and he can put
a sign out front and and and rent those

327
00:25:45,200 --> 00:25:52,640
and he preserves his rights to the
pre-existing plan. But if he tries to

328
00:25:49,760 --> 00:25:55,919
deviate from that plan to any other
thing like a restaurant, then he would

329
00:25:54,640 --> 00:26:00,960
lose all the rights and then it would
just all the regular B3 rules and

330
00:25:58,720 --> 00:26:05,279
vegetative barrier would spray and
businesses that would be there.

331
00:26:02,400 --> 00:26:11,039
» Yeah. Okay. That's a good summer.
>> And the sign that goes out front, would

332
00:26:07,120 --> 00:26:15,840
that be a digital sign that can then
people pay him to advertise? Not just

333
00:26:13,840 --> 00:26:19,279
» No, it would not allow for off-site
advertising.

334
00:26:16,559 --> 00:26:23,919
» Got it. It would only be for
the

335
00:26:19,840 --> 00:26:27,679
» the apartment units and the folks slip
>> it and would not be digital.

336
00:26:25,840 --> 00:26:32,279
» It could be digital, but there's some
strict limitations on the size of it,

337
00:26:29,279 --> 00:26:32,279
» right?

338
00:26:32,640 --> 00:26:38,120
» Yeah. your [clears throat] your sign
requirements for a

339
00:26:39,600 --> 00:26:43,159
B3 zone.

340
00:26:51,039 --> 00:26:54,360
Just second.

341
00:26:56,640 --> 00:27:01,760
Well, the problem is every time we make
ordinance adjustments, I have to go back

342
00:27:00,240 --> 00:27:07,520
through
U. All right. So within [clears throat]

343
00:27:03,919 --> 00:27:11,360
a B3 zone wall sign, which wouldn't
really be applicable, the only thing

344
00:27:09,919 --> 00:27:18,000
he'd really be looking at would be
ground signs. So either a low profile

345
00:27:14,640 --> 00:27:23,039
sign, a medium profile sign, or a
tracked ID. An A-frame is just a little

346
00:27:20,400 --> 00:27:28,559
temporary sign. So tracked ID, low
profile, medium profile.

347
00:27:25,760 --> 00:27:34,880
So we get down there and look at them.
Uh here's your low profile sign, little

348
00:27:32,320 --> 00:27:39,679
monument type,
max area of 70 square feet.

349
00:27:38,159 --> 00:27:43,679
And if you're looking at a medium, it
depends on if it's sitting on the ground

350
00:27:41,120 --> 00:27:49,679
versus in the air. Uh one sitting on the
ground um

351
00:27:46,880 --> 00:27:54,200
can be 100 square feet. One in the air
can only be 70 square feet.

352
00:27:54,960 --> 00:28:02,159
for uh billboards. The billboards we
have in town, does it matter what zone

353
00:28:00,480 --> 00:28:06,000
they're in or not
>> at this point? No, because they're no

354
00:28:03,919 --> 00:28:08,320
longer allowed. The billboards we have
in town are considered grandfathered.

355
00:28:07,919 --> 00:28:11,880
» Okay.
>> As to their locations,

356
00:28:17,840 --> 00:28:25,200
» except I take that back. Unless you're
going to put it in an IW or LIW zone.

357
00:28:23,039 --> 00:28:31,360
Those are the two location two zoning
districts which we have

358
00:28:28,640 --> 00:28:34,440
» very few light industrial
>> and industrial

359
00:28:37,279 --> 00:28:42,520
questions about these two requests.

360
00:28:43,600 --> 00:28:52,559
If not, our option is to make a motion
to recommend approval and the proposed

361
00:28:48,960 --> 00:28:57,520
consistency statement versus recommend
denial. And the consistency statement

362
00:28:55,360 --> 00:29:01,600
would be that it is not in compliance
with the land use plan. We vote

363
00:29:00,080 --> 00:29:06,080
» specifically the future land use
>> future future language mapping

364
00:29:04,799 --> 00:29:12,840
and then we vote on each of these
individually.

365
00:29:08,720 --> 00:29:12,840
If someone would like to make a cons

366
00:29:14,320 --> 00:29:17,320
03

367
00:29:28,399 --> 00:29:34,760
make a motion in approving the reszoning
application of RZ-2026-03

368
00:29:36,399 --> 00:29:44,919
uh to resume the property located 127
Odin Street

369
00:29:41,200 --> 00:29:44,919
and also to

370
00:29:44,960 --> 00:29:55,039
adopt or approve the consistency
statement for the town city white car

371
00:29:52,080 --> 00:30:03,120
November 1620
second. We have a second. All in favor?

372
00:29:59,360 --> 00:30:08,799
It's uh and all post. So we have one,
two, three, four, five in favor, one

373
00:30:04,799 --> 00:30:14,159
opposed. It passes. Move on to resoning
application RZ2026

374
00:30:11,760 --> 00:30:21,440
tech04.
The applicant had requested that we vote

375
00:30:17,760 --> 00:30:24,440
similarly for this one. So we'll open to
a

376
00:30:28,480 --> 00:30:35,120
motion. Thank you. like the work.
Appreciate

377
00:30:32,320 --> 00:30:42,960
» a motion again to
approve the reszone request RZ-20226-04

378
00:30:39,520 --> 00:30:49,279
request to reszone the parcel located at
125 street for R-20

379
00:30:46,080 --> 00:30:55,200
to B3 business and to approve the state
of Tennessee

380
00:30:51,039 --> 00:30:59,760
plan adopted November 16, 2020.
>> We have a motion. We have a second. All

381
00:30:57,760 --> 00:31:06,120
in favor?
45. All post one and five to one.

382
00:31:08,559 --> 00:31:16,596
Okay. Next on the agenda is public
comments. In the absence of public

383
00:31:14,559 --> 00:31:19,360
comments,
[laughter]

384
00:31:17,600 --> 00:31:26,320
we'll turn it over to comments from
board members,

385
00:31:21,200 --> 00:31:29,600
concerns, issues, thoughts, critics. Um
so

386
00:31:27,840 --> 00:31:33,440
um
just acknowledging the school year

387
00:31:31,360 --> 00:31:38,399
started so traffic's picked up in the
morning uh with the lights so you know

388
00:31:36,640 --> 00:31:46,480
everybody appreciate everybody being
safe out there and I know uh NC Dots can

389
00:31:42,399 --> 00:31:52,720
begin construction of the right only
turn lane from Cedar Point into turning

390
00:31:49,360 --> 00:31:55,360
onto Highway 58 going into Emerald Isle.
So that's about a year-long project,

391
00:31:54,640 --> 00:31:58,960
right?
>> 18 months and it'll be all four corners

392
00:31:57,200 --> 00:32:02,000
will have the right term.
>> Yep. And then one coming from Cape

393
00:32:00,559 --> 00:32:04,720
Carter in and I know they're also going
to work on on Taylor Notion. They're

394
00:32:03,519 --> 00:32:11,679
going to put a roundabout in there.
Taylor Notion and 24.

395
00:32:08,000 --> 00:32:14,799
But uh just uh just ask town just please
continue pushing updates to the

396
00:32:13,279 --> 00:32:20,960
residents. They appreciate all the
updates Facebook and uh on that on that

397
00:32:18,159 --> 00:32:27,039
construction, but uh looking forward to
cool weather. Yes sir. So I motion that

398
00:32:25,372 --> 00:32:33,760
[laughter]
>> got a question for you for law

399
00:32:29,200 --> 00:32:35,760
enforcement here. Have we lost that
40hour a week

400
00:32:35,039 --> 00:32:41,200
» deputy?
>> Looks here. He he was here today.

401
00:32:39,519 --> 00:32:45,039
» Haven't seen him in quite a while. So I
didn't know

402
00:32:43,200 --> 00:32:48,640
I know he's getting close to retirement.
So

403
00:32:45,279 --> 00:32:54,880
» yeah. Yeah. I know he um he had shoulder
surgery on it or knee knee surgery.

404
00:32:52,880 --> 00:33:02,279
» Knee surgery a couple weeks back. So he
was out for a little bit for that. But

405
00:32:58,799 --> 00:33:02,279
for my son

406
00:33:04,640 --> 00:33:12,480
and for the board's awareness, according
to our policies, this chair position

407
00:33:09,279 --> 00:33:16,559
should only be for one year without
choosing someone else or electing

408
00:33:14,720 --> 00:33:20,799
renewal. uh think it'd be a great
opportunity for someone else to take

409
00:33:19,039 --> 00:33:27,960
over, but we'll probably put that on the
agenda for next month as a vote. So,

410
00:33:28,640 --> 00:33:35,120
» next meeting is what I mean next meeting
>> which we'll some volunteerism next

411
00:33:33,600 --> 00:33:40,640
meeting
>> which is currently scheduled for October

412
00:33:36,960 --> 00:33:43,760
6th if there is anything for the agenda.
Um,

413
00:33:42,159 --> 00:33:48,880
one thing I wanted to let you know there
there will be some proposed text

414
00:33:45,679 --> 00:33:53,840
revisions coming from town staff. Um,
there were a number of changes in the

415
00:33:50,640 --> 00:33:57,600
state uh legislature this year as far as
things that we can and cannot regulate,

416
00:33:55,919 --> 00:34:02,159
things that we have to amend our
ordinances to be in compliance with

417
00:33:58,960 --> 00:34:06,799
state law. Uh, one of those that is
going to be up for discussion uh with

418
00:34:04,480 --> 00:34:10,159
the board of commissioners is regulating
ebikes.

419
00:34:08,560 --> 00:34:14,000
uh that wouldn't be under the land use
plan or it wouldn't be under our UDO.

420
00:34:12,159 --> 00:34:19,359
It's in the town's code of ordinances.
So, it's not something that has to come

421
00:34:15,359 --> 00:34:23,200
before you all. Um but I'm looking to
put together a package of all the

422
00:34:20,720 --> 00:34:26,320
changes at one time. So, once they give
me some direction on the language that

423
00:34:24,560 --> 00:34:29,520
they're looking for with that, I can put
that with the other stuff I've been

424
00:34:27,440 --> 00:34:34,879
working on. We've got number of changes
both in the UDO and in the town code um

425
00:34:32,800 --> 00:34:39,040
kind of taking place right now.
>> So, you mentioned ebikes. What

426
00:34:36,560 --> 00:34:41,440
specifically is the state law that's
changed or updated?

427
00:34:40,000 --> 00:34:47,200
» So, we haven't had the authority to
regulate ebikes. Um the state beginning

428
00:34:45,280 --> 00:34:52,560
uh December 1st is giving us that
authority to regulate them, identifying

429
00:34:49,679 --> 00:35:00,160
three separate classes of ebikes and
giving us the the authority to u

430
00:34:57,119 --> 00:35:05,760
limit or prohibit their usage on
sidewalks and multi-use paths and to

431
00:35:03,040 --> 00:35:12,560
require helmets for a class one or class
two uh for anyone under the age of 18. I

432
00:35:09,359 --> 00:35:15,599
think it is. uh class three ebike would
automatically require that so we don't

433
00:35:14,480 --> 00:35:18,960
have to regulate that.
>> What is the classes? Is it based on

434
00:35:17,440 --> 00:35:23,680
speed?
>> So class one and two is based on 20 m an

435
00:35:21,680 --> 00:35:28,480
hour and whether or not it requires
additional pedaling for it to provide

436
00:35:25,760 --> 00:35:34,640
boost or if it can just be electrically
operated up to 20 m hour. A class 3

437
00:35:31,119 --> 00:35:37,760
would operate um up to 28 miles an hour.
>> What's uh town's position on these

438
00:35:36,960 --> 00:35:40,240
bikes?
>> It's a good question. That's why it's up

439
00:35:39,200 --> 00:35:43,440
for discussion at [laughter] the next
meeting

440
00:35:41,200 --> 00:35:48,240
» because what so in prep for that I'll
let you know a couple of my questions.

441
00:35:45,280 --> 00:35:53,040
What uh what ne negative interactions
have we had with residents or out of

442
00:35:50,400 --> 00:36:00,480
town residents on ebikes on our
properties? So ARC town hall uh on other

443
00:35:57,599 --> 00:36:04,560
people's private property and uh
businesses

444
00:36:02,000 --> 00:36:08,320
uh law enforcement uh interactions with
ebikes. So that's going to be some of my

445
00:36:05,839 --> 00:36:11,040
questions if in prep for the material.
>> Yeah. So none of that applies to what

446
00:36:10,000 --> 00:36:14,320
they're going to be talking about
though.

447
00:36:11,760 --> 00:36:16,320
» The the limitation is within uh
rideaways.

448
00:36:15,200 --> 00:36:20,079
» Yeah.
>> So I mean we have the ability to

449
00:36:18,160 --> 00:36:24,480
regulate town properties.
>> If they can't go on a rideway, they

450
00:36:21,440 --> 00:36:26,480
can't get zip down 24. Is that what
you're talking about?

451
00:36:25,520 --> 00:36:28,640
» 24.
>> Yeah.

452
00:36:27,119 --> 00:36:32,720
» Uh Sherwood Avenue.
>> Yeah. Yeah. So they can't zip in between

453
00:36:30,960 --> 00:36:38,560
to get to different location. That'll be
some of my questions. Um just so I saw

454
00:36:35,920 --> 00:36:45,880
an ebike going about 35 without a helmet
right down 24 going from Swansboro

455
00:36:41,040 --> 00:36:45,880
direction towards Cape Carter.

456
00:36:47,280 --> 00:36:49,839
» Hang out a little bit.
>> That was two days. That was a couple

457
00:36:49,280 --> 00:36:53,760
days ago.
>> So if it's going 35 miles an hour, it

458
00:36:52,320 --> 00:36:57,760
would not be an ebike.
>> That's a moped.

459
00:36:55,599 --> 00:37:03,520
» It was an ebike. It was all electric.
Well, an ebike by definition cannot have

460
00:37:00,800 --> 00:37:07,280
a boost beyond 28 miles per hour. Now,
it can go faster than that. I mean, they

461
00:37:05,119 --> 00:37:11,520
can use the boost up to 28 and be going
downhill and pedal and get it up to 60

462
00:37:08,960 --> 00:37:15,720
mph, but the electric boost can only
take it up to 28 miles an hour.

463
00:37:18,480 --> 00:37:26,599
» Motion to adjurnn. Motion.
All

464
00:37:22,160 --> 00:37:26,599
» in favor? All right, we're journalist

465
00:37:27,520 --> 00:37:31,680
for the record.
>> Doug, I got minutes for you.

466
00:37:33,119 --> 00:37:37,839
I still
get