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Appeal of Pirate Tract deferred after board member recusal, staff to reschedule hearing
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Summary
An appeal of the Pirate Tract approval was postponed after a board member disclosed conflicts tied to the Old Point community and recused himself; staff and the developer’s attorney will coordinate to find a date when at least four voting members can attend.
The Board of Adjustments on April 15 postponed an appeal hearing concerning the Pirate Tract after a board member (S5) disclosed personal ties to the Old Point community and prior employment with Pender County and asked to recuse himself.
S5 explained he owns property and is part of the Old Point homeowners association and had provided informal input on the earlier application when he served as the county’s zoning administrator and planning director. Board counsel and staff clarified that with S5 recused the board would not have the minimum four voting members required by statute to hear the appeal that day.
Amy Shafer, attorney for the developer, and a developer representative appeared and asked to be noted in the record; Shafer said the developer may continue administrative processes such as TRC review but cautioned there is "a high level of risk" and outside approvals remain necessary. Staff (S3) said they will coordinate with all parties to schedule a new hearing date when a sufficient board membership is available.
The board also discussed recruitment for vacant board seats and whether district‑based appointment requirements inhibit finding members. The chair adjourned the meeting after confirming staff will work with parties to set a new date.
