By Susan Dickson
Staff Writer
At the close of the second nearly four-hour meeting dedicated to a Family Dollar proposed for the corner of Alabama Avenue and Jones Ferry Road last week, members of the Carrboro Board of Adjustment had still not yet commenced discussion on the project.
Raleigh-based Stronach Properties has proposed building an 8,100-square-foot, single-story Family Dollar with 26 parking spaces on a one-acre parcel. Alabama Avenue residents and other community members have come out strongly against the project, saying the development would bring increased traffic, noise pollution and unsafe conditions to the neighborhood while decreasing values of surrounding properties.
Last week, more than 30 residents spoke in opposition during a public hearing on the project, with the lone voice in favor of the project that of Will Stronach, the developer. The hearing had been continued from May 16, when the applicant presented his case for several hours, leaving little time for public comment, clearly disappointing those who had packed the Carrboro Town Hall board room in order to do so.
The board will meet again on Wednesday to discuss and theoretically come to some decision on the proposed project.
For the project to win approval, the board of adjustment must grant Stronach a variance to the town’s land-use ordinance because of an ephemeral stream on the property over which the project would be built. Should the board grant the variance, the project would still need a special-use permit approved by the board.
To grant the variance, the board must find that Stronach can make no reasonable use of the property by complying strictly with the provisions of the ordinance. Stronach has said that the proposed configuration of the project – which includes the store at the back of the site and parking in front of it facing Jones Ferry Road – is the only possible configuration, since large delivery trucks must maneuver in and out of the parking lot from the driveway off Alabama Avenue. Stronach presented several models by which the stream could be avoided by building a smaller structure but would not be financially profitable for a developer.
Opposition
Michael Adamson, whose daughter owns a home in the Alabama Avenue neighborhood, questioned Stronach’s models, noting that certain assumptions and choices are made in crafting any such model.
“The issue is whether any reasonable use is possible from the permitted uses,†he said. “The Town of Carrboro does not owe Stronach Properties a profit.â€
Other residents have suggested the property be used for a day-care facility, police substation or elder-care home.
Sen. Ellie Kinnaird said she felt that by paving over the ephemeral stream on the property, the project would negatively impact the surrounding environment.
“There will be a loss of vegetation and there will be a loss of water quality downstream,†she said, noting Carrboro’s commitment to environmental protection.
“The neighborhood of Alabama Avenue, Davie Road and Neville Drive is one of the oldest African-American neighborhoods,†she continued, adding that the project “would be highly disruptive to that quiet, pleasant neighborhood.â€
“They call this a high-volume business, and I believe that a high-volume business … is not appropriate for a residential neighborhood,†she said.
Stronach and his team have said they feel that by installing stormwater treatment on the property, water quality downstream would be improved.
The town advisory boards that reviewed the project, including the planning board, have all recommended that the board of adjustment reject the project.
John Killeen, chair of the planning board, noted that the property is zoned for neighborhood business but that a Family Dollar is not a neighborhood business or a reasonable use for the site.
Judy Robinson, who lives on Alabama Avenue, said she worried about the project’s impact on the safety of the children who play in the neighborhood.
“I fear for my grandson and the other children in the neighborhood if they were to put this Family Dollar store at the end of Alabama Avenue,†she said. “I just fear for the children because of traffic. … I fear that they will get hurt.â€
Others noted the potential noise and smells that would be brought by the project’s dumpster and garbage trucks.
“That noise is going to drive me insane,†said resident Larry Worth. “It’s right in front of my front door.â€
“Big business has taken over Alabama Avenue,†he continued. “That’s a disgrace. I don’t know if you guys have a conscience, but can you sleep at night knowing you’re going to go into a neighborhood where you’re not wanted?â€
‘Hearsay’ evidence
Stronach had previously requested that certain materials expressing opposition to the project, including letters from Sen. Kinnaird and residents, be excluded from the materials presented to the board. In an email to members of the Carrboro Board of Aldermen, Town Attorney Mike Brough said that the applicant had the right to make such a request based on the fact that proceedings regarding whether the board should grant a variance to the town’s land-use ordinance or issue a special-use permit are quasi-judicial in nature, requiring that the board make its decision based on “competent†evidence submitted at the hearing and not “hearsay,†defined as statements not made at the hearing used to prove a matter asserted in the statement. For letters or emails to be considered by the board, the author must appear in person before the board to read it, Brough said.
A number of speakers at the meeting noted that their letters were excluded from the board packet, questioning why the applicant would make such a request.
Brough said that applicants typically don’t object to the inclusion of hearsay evidence, so the exclusion rule seldom applies.
The meeting will continue at 7:30 p.m. on Wednesday at Carrboro Town Hall.