Agenda - 05-15-1990 (2) - Laserfiche WebLink

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H ILLS BOROUGH° `_T =%'._-- PLANNING- BOARD-` APRIL 5, 1990 PAGE 4 noted he had submitted numerous past records of lots 4, 5, and 6 of the property of Sam Kirkland and that these lots pre - existed all Town and County Subdivision Regulations. He felt the language of the deed had been ignored in the denial and the non - approval of the plat constituted a violation of Property rights and the inability to convey the property to heirs. He added it was his opinion the decision was not valid considering the past history of the lots in question. Stone passed out copies of the plat and the deeds which showed the areas important to his case underlined in red. He noted lots 4, 5 and 6 were all referred to in pre - existing documentation. He read from and passed out copies of North Carolina General Statutes 8 -19 and 39 -2. Stone distributed more handouts concerning the Statutes-and various Constitutional provisions and read from NCGS 16OA --375 concerning penalties. He said he was not a subdivider but just wanted to protect his rights. He argued the appeal should be approved on the basis of ethics and morality and added the Thoroughfare Plan also violated some property rights.. Crowther asked if he represented the Rooks and Stone said no. Crowther reviewed -the appeals process and noted the Board could make a recommendation to reverse a staff decision. -> Simpson said the Board should investigate the matter further and not make a decision now because property rights were an important issue. Deetjen noted than when the.property was purchased in 1956, Stone knew there were three lots on the plat and Crowther asked if the.old and new plat lines were the same. Olson said she needed more time to look at the situation and to find out the rationale for the Town Attorney's decision. Steve Jones moved to delay decision for one meeting out of respect for Mr. Stone and all the materials he had submitted. Deetjen seconded the motion. -. Vote: Unanimous..': ITEM #11: Rigsbee asked if Item # 11 could be heard at this time because the speaker had arrived and the Board agreed. Gene Bell, Orange County Planner, made a presentation concerning the Orange County Thoroughfare Plan. He reviewed -T the sequence of events leading to the current situation and said the TAS had reviewed the plan and Orange County was asked to adopt the Thoroughfare Plan because so much of the County was covered. He pointed out the Orange County Commissioners were concerned with the overall picture, so- the '1"AS reviewed the Hillsborough Thoroughfare Plan and identified the areas of concern.