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Commission approves 32 Bruin Road preliminary plan amid debate over private road access
Summary
The Planning Commission approved a preliminary plan for 32 Bruin Road by a 4–1 vote after extended discussion about Barnacle Cut (a private side road) and whether the subdivision would require an access easement to preserve interconnectivity; the applicant said it intends to keep the road open and has discussed closure requests with the adjacent HOA.
The Planning Commission voted 4–1 to approve a preliminary development plan for 32 Bruin Road, a 1.22‑acre site in the Old Town Historic District that would be subdivided into two commercial lots and retain an existing office building.
Dan Frasier, presenting the staff review, described the proposal as two commercial lots with an existing office (the former post office) and a proposed two-story, roughly 3,000 square‑foot building with an accessory carriage-house structure. The applicant demonstrated 45 parking spaces and met the 75% tree‑canopy requirement in the site plan packet.
James Atkins, the applicant, told the commission the new building will be delivered as a “shell building” that the owner may occupy and lease as needed. "We're building this as a shell building, and then we'll likely outfit it based upon our needs," Atkins said, adding that they plan to keep the existing office and add screened service yards and a carriage-house–style accessory structure.
A substantial portion of the hearing focused on Barnacle Cut, a privately maintained roadway that provides informal access between Tabby Road/Tabby Rhodes and the subject lot. Several commissioners and members of the public raised concerns that subdividing the lot without a recorded access easement could allow a future owner to block or fence the route, effectively severing long‑standing connectivity. Frasier and commissioners noted that the town’s ability to compel access on private roads is limited by the Unified Development Ordinance and state law, and that formal closure or master‑plan amendments would require Town Council review.
The applicant said it has submitted an exhibit and a letter supporting Tabby Rhodes’ (the adjacent HOA) potential closure request and is coordinating with that HOA and with staff. The applicant said the current application does not close Barnacle Cut and the plan shows the road remaining open.
Commission debate resulted in a motion to approve the preliminary plan as submitted. One commissioner said on the record they believed the commission was making a mistake on access management but nonetheless the motion carried 4–1.
The commission’s approval was for the preliminary development plan as submitted; staff noted recorded easements or future master‑plan amendments would be separate processes if the HOA pursues a road closure or if applicants later request a change.
