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Residents urge appeal after planning director approves pump-and-haul for Sam's Express car wash
Summary
Several residents told the Chatham County Board of Commissioners they want the board to appeal a July 28 administrative determination that allows Sam's Express to use a pump-and-haul wastewater system, saying the decision was opaque and deprived neighbors of meaningful notice; the county attorney said statutory limits constrain the board's authority.
Several residents urged the Chatham County Board of Commissioners on Aug. 18 to appeal a July 28 administrative determination by the planning director that allows a proposed Sam's Express car wash to rely on a pump-and-haul wastewater approach.
Shelley Kolbert, who said she has reviewed more than 20 years of public records on a related Bridal Chapel development, asked the board to "consider an appeal by the county to the board of adjustments," to review the planning department's record of decision, and to consider text amendments to improve disclosure and public input. Kolbert said the current delegated process "is deeply unfair as a matter of transparency and due process" and risks a "bait-and-switch" for nearby landowners.
Neighbors who live adjacent to the parcel echoed those concerns. Jeffrey Neil told commissioners that the planning director's decision "was made quickly without sufficient interpretation and in the opinion of many in a manner sufficiently opaque as to question its validity" and asked the board to file its own appeal before the statutory deadline.
County legal counsel briefed the meeting on the options and limits. The board attorney said the planning director's decision is a "determination" under state law and that "the power to make that is vested in the zoning administrator." He advised that citizens and the board may appeal determinations to the Board of Adjustment but noted legal constraints such as Senate Bill 382 that limit down-zoning actions by the board.
The board discussed the issue in closed session prior to the regular meeting and, according to the attorney's public summary, "the votes were not there" to file a county-initiated appeal. Commissioners said the law constrains their options and pledged to improve public clarity about how delegated determinations work.
Next steps: residents retain the option to appeal to the Board of Adjustment under the timetable set by state law; commissioners said staff will review whether procedural or public-notice improvements are possible going forward.
