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Tuesday, 24 April 2007 16:01 |
From Staff Reports
WOODFIN ó A clash of wills between Woodfin Town Administrator Jason Young and Town Council at its April 17 meeting over a townhouse development to be built next door to a noisy pipe factory marked the latest conflict over the pace of Woodfinís development.
Following much discussion, council voted 4-1 to continue consideration of the plan to its meeting next month.
Coastal Mountain Development wants to put a subdivision of townhomes that will sell for $300,000 and up at 1050 Riverside Drive, the site of the former Woodfin Trailer Park, zoned as a ìmountain villageî but bordered by two heavy-industry plants. The developers told council that they were well aware of the nearby factory ownersí concerns that future residents of the homes would file complaints against their loud, brightly lit neighbors.
ìWeíre putting 40 homes in the middle of industry,î developer Mark Cope
told the council. He acknowledged that the eight-foot sound wall his
company plans to build will not block noise and light from reaching the
homesí living spaces, which will start at nine feet and go up to 26
feet.
But he promised to put language in a sales-contract addendum or deed
restriction that would make it ìvery clear to these homeowners that
they are buying in an industrial area,î and would be living next door
to factories that operate 24/7.
ìSurely nobody would buy into that without looking!î Mayor Pro-tem Geneva Maney exclaimed.
During the public hearing on the proposal, Ricky Silver spoke on behalf
of Silver-Line Plastics, a pipe-manufacturing factory owned by his
family that has operated for 35 years at the location near the
intersection with Woodfin Avenue. The plantís property abuts directly
against the townhome development.
ìIíve been around the business since I was four years old, so I know
what a pipe plant sounds like,î Silver told the council. ìSaws [and]
forklifts running 24 hours a day ... we unload rail cars at 2 a.m. And
light ó we have to have light 24/7.î
While not opposing the project, Silver said he wanted the developers to
add more sound buffering as he said they had promised when the zoning
board approved the development ó otherwise, ìfive years from now the
police chief will come down and talk to me with complaints.î
John West, co-owner of the development company, told council that he
expects Silver-Line, not his company, to do any further buffering, and
said that an engineer he had hired to measure the sound of a machine at
the plant told him it was ìnot a major issue ó no worse than
[Riverside] road.î He has another development next to a railroad track,
he noted, addingìI promise you, they get used to it ó people tell me,
ëAt 6 a.m., Iím awake, looking for the trainí ... Thereís not a great
answer here.î
But what raised the ire of the developers ó and of the town
administrator, who oversees the townís development proposals ó was
Silverís request to council that it postpone its approval so that he
and the developers could meet and ìwork it out.î
When Maney and Mayor Jerry VeHaun expressed interest in granting a
delay, Young insisted that the council had no legal right to do so.
ìThe proposed development is compliant with the zoning permission. ...
I would take issue with the idea that this board has the authority to
supersede the written law,î he told them. ìYour legal requirements and
duty to the people of Woodfin are bound directly to the letter of the
law. I would advise against a delay.î
ìWhy are we considering this issue if we donít have a choice?î Maney asked him.
ìYour choice is to decide whether or not it meets or exceeds those
zoning requirementsî already approved by the Board of Adjustment, he
replied. ìIf you would like a detailed presentation of those
requirements, Iím capable of presenting them.î The noise issue was
ìindependent,î he asserted, and the board had no legal right to
postpone its approval on that basis.
ìWhy can we not choose to hear it next month instead of this month? Why
canít I continue the public hearing to next month?î VeHaun asked.
ìNow I feel held hostage!î exclaimed West, who got into a heated
exchange with Silver over the latterís complaint that he had ìheard
nothing fromî the developers since their alleged promise to work with
him on improving the sound buffering at the projectís Jan. 8 zoning
hearing.
ìSomewhere along the way, this board looks at whatís best for Woodfin,î
interjected Alderman Virgil Hollifield. ìThe board has got to look at
(the noise problem).î
Warning council of ìlegal jeopardyî if it chose to delay its vote on
the project, Young demanded that council go into closed-door executive
session before it discussed the issue further. (State law directs
public boards to hold such sessions when considering legal and
personnel matters.)
But VeHaun asked for an opinion from the town attorney, Joseph Ferikes,
who had been sitting silently throughout the debate. Ferikes replied
evenly, ìI believe the board has authority to table this for 30 days.î
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