Beach nourishment project manager Ken Willson will report on shoreline and sand volume changes on the Southern Shores beaches during the past year at the Town Council’s last meeting of the year, Tuesday, at 5:30 p.m., in the Pitts Center.

The Council also will consider a revised agreement between the Town and the Chicahauk Property Owners Assn. (CPOA) for sidewalk maintenance that would involve the CPOA expanding an existing easement to give the Town more space for vehicular parking; and it will hold a public hearing on the tree removal regulatory change (ZTA 24-05), upon which The Beacon reported 11/17/24.

To read the Tuesday meeting agenda and background materials, go to https://mccmeetings.blob.core.usgovcloudapi.net/soshoresnc-pubu/MEET-Packet-299dadb35c4146129ab0f7870843770f.pdf.

You will find all materials related to Zoning Text Amendment 24-05, which the Planning Board unanimously recommended adopting at its Nov. 18 meeting, and to the CPOA-Town agreement regarding the Town’s maintenance of some of the concrete sidewalks owned by the CPOA in the meeting materials. We elaborate on some details below.

Ken Willson, of Coastal Protection & Engineering of North Carolina, has submitted a report covering beach monitoring from June 2023 to June 2024 in Southern Shores, Kitty Hawk, and Kill Devil Hills. It is available at https://www.dropbox.com/scl/fi/obzhiqimd6hl4pe5r9hgr/2024-SS-KH-KDH-Monitoring-Report.pdf?rlkey=sjpcikcs939y9n3u615f8sn6f&e=1&st=budjawlp&dl=0.

CPE’s assessment of the Southern Shores beaches is a positive one, with the Northern Section (north of Fourth Avenue) and Central Section of the 2022-23 beach nourishment project area faring better than the problematic Southern Section (south of Chicahauk Trail), which has long been the case.

Mr. Willson’s recommendation is to continue the annual beach monitoring.

According to the agenda, Town Manager Cliff Ogburn will give updates on the Juniper/Trinitie Trail Bridge Replacement Project, which was to start in November, and the Town Hall Renovation Project, which drew only two bids from contractors, both of which far exceeded envisioned costs.

At its November meeting, the Town Council authorized Mr. Ogburn to “value-engineer” with Sussex Development Corp., the low bidder on the Town Hall remodel, and report his progress at next week’s meeting.

Mr. Ogburn has described the renovations as constructing interior “improvements mainly for safety reasons.” The Beacon detailed these improvements in our 11/17/24 report. They include remodeling the front entrance and front reception area of Town Hall, about which there has not been much public discussion, and expanding the property file room, which has been extensively discussed by the Town Council. Files have already been digitized, and the paper versions are being retained.

ADDITIONAL TOWN SPACE IN EXCHANGE FOR SIDEWALK MAINTENANCE?

The CPOA has asked the Town of Southern Shores to assume responsibility for maintaining the sidewalks on the east side of Trinitie Trail, the north side of Chicahauk Trail, and the west side of Spindrift Trail, according to a staff report in the meeting packet. In exchange, the Town has asked that an additional 12,711 square feet of space be incorporated into an existing easement granted to it by the CPOA for the Town’s use of a parking area near the Chicahauk Trail and N.C. 12 intersection.

The proposed additional space abuts the existing easement area on the south end and appears from an aerial view photo to be between the back yards of 93 Ocean Blvd. and 94 Spindrift Trail. (See photo at top.) The Town would be required to maintain a 10-foot vegetative buffer along the boundary line with each of these properties.

The proposed amendment to the easement, which also is included in the meeting packet, refers to buffers with the (rear) property lines of 94 and 96 Spindrift Trail and does not mention 93 Ocean Blvd.

It does not appear to us from the aerial view that there would be an impact on 96 Spindrift Trail, which already backs up to an area of the existing easement. But, if the aerial view is incorrect, and a section of what is designated on the image as “existing easement” is actually proposed additional space, then there should be a buffer with 95 Ocean Blvd., too.

A survey done 9/25/24, and included in the meeting packet, depicts a section labeled “existing easement” in the aerial view as “new easement area.” This will have to be clarified.

According to the staff report, the cost of the repairs to the designated sidewalks is $72,500, and the work has already been put out for, and received, bids.

The staff report dates the sidewalk maintenance agreement to a September 2019 Memorandum of Understanding (MOU) between the Town, which owns the rights-of-way upon which the public streets in the Chicahauk Subdivision have been built, and the CPOA, which owns the concrete sidewalks and associated sidewalk infrastructure. (We find the MOU to be a bit sketchy in stating the parties’ intent.)

David A. Stager signed the MOU as president of the Chicahauk Property Owners Assn.

Clearly, the most significant aspect of this sidewalk maintenance-for-larger easement space agreement is the impact the Town’s use of the additional space would have on the abutting properties, even with 10-foot buffers. We certainly would not want a parking lot or Town storage sheds in our back yard. It also would be possible to amend the easement for new uses, not stated in the proposed amendment.

We have long heard that the Town was going to pay for and handle repairs to Chicahauk sidewalks, but this is the first we’ve heard that it has sought an expanded easement in return for the maintenance. We hope the property owners in Chicahauk are aware of this arrangement. It appears from the meeting materials that it is going to be approved on Tuesday.

TREE REMOVAL ZTA EXTENDS PERMIT MANDATE TO ALL ZONING DISTRICTS

As we previously reported, the Town Council adopted in April a Zoning Text Amendment establishing that an owner of unimproved commercial property must obtain a lot disturbance/stormwater management (“LDSM”) permit before removing trees that are greater than 6 inches in diameter, measured at 4.5 feet above the ground, from within the front, side, and rear yard setbacks on any lot.

This ZTA amended Town Code section 36-171, which pertains to lot disturbance and stormwater management and sets forth the requirements for an LDSM permit.

ZTA 24-05, which will be subject to public hearing on Tuesday, proposes expanding this permit requirement to owners of undeveloped property in all zoning districts in Southern Shores, not just the general commercial district. The Planning Board felt strongly that the requirement should apply throughout Town and requested this ZTA. (See The Beacon, 11/17/24.)

See the text of ZTA 24-05 at https://www.southernshores-nc.gov/media/11196.

ZTA 24-05 also contains a new proposed subsection of 36-171 that spells out exceptions to the permit requirement for tree removal when an “emergency” exists. Under the proposed new regulation, tree emergencies are deemed to exist when:

(a) A tree has become an imminent danger or hazard to persons or property as a result of fire, motor vehicle accident, or natural occurrence such as lightning, windstorm, ice storm, flood or other similar event; or

(b) A tree must be removed in order to perform emergency repair or replacement of public or private water, sewer, electric, gas, or telecommunications utilities.

In the case of a tree emergency, the Zoning Administrator (Planning Director Wes Haskett) would have the authority to issue an LDSM within 72 hours after a tree is removed or to waive the LDSM requirement.

Please note that the permit requirement only applies to the removal of large trees in the setback areas of an undeveloped lot, not to large trees elsewhere on a property.

Also on the Town Council meeting agenda are the proposed reappointments of Regular Members Charlie Andrews and Michael Guarracino to new three-year terms on the Southern Shores Historic Landmarks Commission and the appointment of Alternate Member Wander Brett-Jordan to a three-year term on the Commission to succeed outgoing Regular Member Tony DiBernardo.

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EXTRA BULLETIN: SETBACK FOR MID-CURRITUCK BRIDGE

The Outer Banks Voice reported on Wednesday that the N.C. Turnpike Authority will not be receiving a requested $425 million federal grant to fund the Mid-Currituck Bridge, whose cost is now estimated to be $1.139 billion. The Turnpike Authority will have to identify another source of funds to make up for the shortfall.

Southern Shores Town Manager Ogburn is quoted at the end of the article as being disappointed and describing the “planning and preparation” for the bridge as “a continuous one step forward, two steps back.”

Mentioned in the article are “other proposals to alleviate the traffic woes,” which those of us who have been in town for a while have heard before and rejected. They include a “flyover at the NC12/US158 intersection in Kitty Hawk and improvements to N.C. 12,” according to The Voice.

The only “improvement” we have ever heard discussed is the widening of Highway 12 in Southern Shores.

We refer you to The Outer Banks Voice for more on the subject.

By Ann G. Sjoerdsma, The Beacon

The Beacon will preview next Tuesday’s Town Council meeting tomorrow and report on the meeting next week. We did not want to leave Santa Claus out.

Happy Holidays.

The Town Planning Board will revisit an ordinance regulating tree removal on unimproved lots at its regular monthly meeting tomorrow at 5 p.m., and the newly formed Southern Shores Entry Corridor Committee will hold its first meeting at 10 a.m. Wednesday.
Both meetings will be held in the Pitts Center.
No agenda for the Corridor Committee has been posted on the Town website. The Planning Board agenda may be found at https://www.southernshores- nc.gov/media/11201.
If the Planning Board recommends approval of Zoning Text Amendment 24-05, which will be before it tomorrow, it may find itself in opposition to views held by members of the Town Council, including Mayor Elizabeth Morey.
While property owners often speak of “individual property rights” as if they were absolute, such rights have long been subjugated to reasonable land-use and zoning regulations that are designed to protect and preserve communities.

PLANNING BOARD HAS SHOWN INTEREST IN REGULATING REMOVAL OF TREES IN YARD SETBACKS ON UNIMPROVED LOTS THROUGHOUT TOWN; TOWN COUNCIL HAS LIMITED REGULATION TO COMMERCIAL PROPERTY.

On April 9, the Town Council adopted Zoning Text Amendment 24-02, which established that a property owner must obtain a lot disturbance/stormwater management (“LDSM”) permit before removing trees that are greater than 6 inches in diameter, measured at 4.5 feet above the ground, within the front, side, and rear yard setbacks on any unimproved lot in the general commercial zoning district.
ZTA 24-02 amended Town Code section 36-171, which pertains to lot disturbance and stormwater management and sets forth the requirements for an LDSM permit. (Chapter 36 of the Town Code is the zoning chapter.)
ZTA 24-02 was a much narrower version of an earlier proposed ordinance, known as ZTA 24-01, that also addressed tree removal and LDSM permits.
ZTA 24-01 required property owners in all zoning districts, not just the general commercial district, to obtain a LDSM permit before removing trees of the specified size from anywhere on an unimproved lot, not just those in the setback areas.
Neither ZTA had any relevance to developed lots.
The Planning Board was scheduled to take action on ZTA 24-01 at its Feb. 21 meeting, but Planning Director/Deputy Managing Editor Wes Haskett withdrew the proposed ordinance, informing the Board that ZTA 24-01 would be redrafted into a new ZTA. He did not explain why.
The revised ZTA 24-02 came before the Planning Board at its March 18 meeting, with its application narrowed to the commercial district only and to trees only in the setback areas, not elsewhere on lots. When questioned about the omission of other zoning districts, in particular, residential districts, Mr. Haskett referred to a preference for focusing on buffers between commercial property and adjacent lots and for not burdening residential property owners.
The five-member Board discussed the ZTA thoroughly, unanimously expressing disappointment that the proposed ordinance no longer applied to residential districts, just the commercial district.
The Board viewed the objective of the ZTA as protecting adjacent properties from stormwater runoff, which typically increases when old-growth trees that absorb the water are removed.
Board Chairperson Andy Ward was especially adamant that the tree-removal permit requirement be extended to residential districts.
The Planning Board ultimately decided to recommend approval of ZTA 24-02, as presented—by a 4-1 vote, with Mr. Ward dissenting—while also recommending, by consensus, that the tree-removal permit requirement be applied to property owners in the residential districts.
The Town Council did not mention this request during its discussion on April 9 after the public hearing on ZTA 24-02. It unanimously approved the ordinance. ZTA 24-02 became law.
The Planning Board brought up the issue again at its June 17 meeting and asked Mr. Haskett to draft a new ZTA to apply the tree-removal permit requirement now imposed only on commercial property owners to property owners in all zoning districts.
ZTA 24-05, which the Planning Board will consider at its meeting tomorrow, is the result.
See the text of ZTA 24-05 at https://www.southernshores-nc.gov/media/11196.
ZTA 24-05 also contains a new proposed section spelling out exceptions to the permit requirement for tree removal when an “emergency” exists. Mayor Pro Tem Matt Neal first mentioned carving out emergency exceptions, for commercial property owners, at the April 9 public hearing.
According to ZTA 24-05, tree emergencies are deemed to exist when:
(a) A tree has become an imminent danger or hazard to persons or property as a result of fire, motor vehicle accident, or natural occurrence such as lightning, windstorm, ice storm, flood or other similar event; or
(b) A tree must be removed in order to perform emergency repair or replacement of public or private water, sewer, electric, gas, or telecommunications utilities.
The Town’s current Land Use Plan sets forth two land-use compatibility policies that are pertinent to ZTA 24-05: 1) “to monitor and preserve maritime forests and other tree canopy coverage”; and 2) “to consider reviewing standards for tree preservation in new development and redevelopment to ensure they protect and preserve the existing canopy and forest coverage.”
Mr. Haskett cites these policies in his staff report on ZTA 24-05 and recommends approval of the proposed ordinance.
See his staff report at https://www.southernshores-nc.gov/media/11191.
Assuming the Planning Board recommends approval of ZTA 24-05, the measure will likely be subject to a public hearing before the Town Council in January.

HIGHLIGHTS OF TOWN COUNCIL’S NOV. 12 MEETING

The Town Council’s November meeting lasted just a little over an hour. Some highlights include:

TOWN HALL RENOVATIONS: Town Manager Cliff Ogburn informed the Town Council that he had received only two bids for the Town Hall Renovation Project, which he described as constructing interior “improvements mainly for safety reasons.”
The project was bid twice because the Town did not receive the minimum three bids the first time it advertised. The same two bidders, however, submitted bids both times: They were Sussex Development Corp., which was low bidder at $512,041.23; and AR Chesson Construction, which came in slightly higher at $522,000.
Both of these bids exceed the $380,000 that the Town has budgeted for the Town Hall remodel, and neither includes important security improvements for the Police Department and the Pitts Center. Mr. Ogburn sought the Town Council’s permission to “value-engineer” with Sussex to see if he could redefine the project at a lower cost.
Mr. Ogburn and the Town Council engaged in a prolonged discussion about the scope, cost, and priority of various Town Hall renovations, which have long been envisioned, but heretofore not undertaken. According to the Town Manager, they include:
*Making the front entrance compliant with the Americans With Disabilities Act
*Remodeling the front reception area, so that the receptionist faces the entry door
*Installing more secure doors and glass
*Expanding the property file room and the conference room
*Removing the half-wall between the front reception area and the current office of Permit Officer Marcey Baum
Mr. Ogburn also identified the replacement of 13 doors in the Police Department (10), and the Pitts Center (three), as well as three doors in the Town Hall, with a new secure door-access system that employs safety glass and cameras as a top priority.
The Town Council gave him permission to proceed with the 16 doors, which Mr. Ogburn priced at $94,573, only $38,00 of which, he said, was included in Sussex’s bid.
The cost to expand the file room has previously been estimated at $111,000, but it was unclear from the Manager-Council discussion how the cost for other improvements might break down. The Council authorized Mr. Ogburn to value-engineer with Sussex and come back with his results.
LIGHT POLLUTION INITIATIVE: In her Council comments at the end of the meeting, Councilwoman Paula Sherlock said several residents had approached her with questions about Dare County’s initiative to reduce light pollution.
We are aware that the Town of Duck has had a Dark Sky Ordinance since its 2002 incorporation, but we have not heard of a county-wide initiative.
Ms. Sherlock said she would look into what Dare County is doing to reduce artificial lighting and see if Southern Shores can join in any on-going effort.
Light pollution can harm wildlife, detract from the natural environment, and diminish residents’ quality of life. We look forward to hearing what Ms. Sherlock has to say at the December Town Council meeting.
PROTECTION OF JOCKEY’S RIDGE: The Town Council unanimously approved a Town resolution in support of reinstituting the designation of an “Area of Environmental Concern” (AEC) for Jockey’s Ridge State Park. The resolution was included in the Council’s consent agenda and did not receive any discussion.

By Ann G. Sjoerdsma, The Beacon

Retired U.S. Coast Guard Chief Warrant Officer Matthew Moyer will speak at the Southern Shores 2024 Veterans Day ceremony on Monday, Nov. 11, at 11 a.m. in the Pitts Center.

Officer Moyer, CW02, is a decorated 26-year veteran of the USCG and a Southern Shores resident, according to a release by the Town of Southern Shores, which sponsors the annual Veterans Day ceremony with the Knights of Columbus Assembly 2989.

The event is free to all members of the public.

The Southern Shores ceremony is one of four ceremonies being held in Dare County towns this year to honor veterans. Kill Devil Hills, Nags Head, and Manteo also are holding memorial celebrations on Veterans Day. You can learn the details about these events and other special activities planned during Dare’s Outer Banks Veterans Week, which runs tomorrow through Nov. 11, at https://www.darearts.org/veteransdirectory.

Outer Banks Veterans Week celebrates veterans and their families through the arts. It is sponsored by The Coastal Studies Institute, Hotel Manteo, the Veterans Writing Project, and the Pioneer Theater, and funded in part by the Outer Banks Visitors Bureau.

Among the upcoming events are:

*Outer Banks Veterans Concert on Sat., Nov. 9, 7 p.m., at the Pioneer Theater, 109 Budleigh St. in downtown Manteo

Musicians Tony Rosario, the co-founder of Soldier Songs and Voices; Ron Capps, the founder of the Veterans Writing Project, and Jana Pochop, a singer/songwriter/producer, will perform a special song swap billed as an “intimate evening of storytelling through song” in a round-table format. The concert costs $5 for attendees with a military or veteran ID and $10 for all others. Tickets may be purchased online at ThePioneerTheater.com or at the door.

*Veterans Writing Workshop on Sat.-Sun., Nov. 9-10, at the UNC Coastal Studies Institute in Wanchese, from 9 a.m. to 4 p.m. each day.

Mr. Rosario and Ms. Pochop will lead a “hands-on songwriting workshop” for beginning and experienced songwriters. The two-day workshop is free for veterans, active-duty military, and their family members. Participants may bring a musical instrument, if they choose. Pre-registration for the workshop is required because space is limited.

To register for the songwriting workshop and to find out more about these events and others scheduled during Outer Banks Veterans Week, go to https://www.darearts. org/veterans.

*A new exhibit, “A Thousand Words: Photographs by Vietnam Veterans,” on display at the Outer Banks History Center, Roanoke Island Festival Park, Manteo, starting Tuesday, Nov. 4, and running through Dec. 31.

The photograph exhibit will be on display in the temporary exhibit space at the Outer Banks History Center from Tuesday through Saturday, 9 a.m. to 5 p.m., until the end of the year. The exhibit is free to the public. (The OBHC is closed for three months of renovations.)

LOCAL DISCOUNTS FOR DARE COUNTY VETERANS WITH ID CARDS

In May 2012, the Dare County Board of Commissioners created the Veterans Advisory Council in recognition of the service and sacrifice of all Dare County veterans. The DCVAC’s signature project is the Dare County Veterans I.D. card, which enables veterans to receive discounts off of goods and services at many local businesses.

To obtain a veterans I.D. card, you must have your DD214 form showing an honorable discharge and a driver’s license with a Dare County address. To obtain your card, call Marsha Brown, Dare County Veterans Advisory Council member, at (252) 202-2058, or Patty O’Sullivan, Dare County Veteran Service Officer, at (252) 475-5604.

Among the businesses that accept the Dare County veterans I.D. card and offer discounts year-round are Ace Hardware, Artsy Octopus, Barefoot Bernie’s, High Cotton BBQ, Jolly Roger Restaurant, Kitty Hawk Kites, and Sugar Shack and Sugar Creek Seafood Restaurant.

Elsewhere in recognition of Veterans Day:

Atlantic Dentistry in Kitty Hawk is offering free dental services to all veterans on Fri., Nov. 9. Call (252) 261-7700 to schedule an appointment.

Morgan Family Dentistry, 10A Juniper Trail in Southern Shores, is holding its 10th annual veterans’ dental clinic on Friday, from 8 a.m. to noon. For more information, call (252) 256-9302.

The N.C. Aquarium on Roanoke Island is offering 50 percent off its admission for all active duty, retired, and reserve members of the military and their immediate family members on Veterans Day. The aquarium is open from 9 a.m. to 5 p.m. and is located at 374 Airport Road in Manteo. Proof of service/I.D. is required.

The Wright Brothers National Memorial in Kill Devil Hills will waive all entrance fees on Veterans Day in honor of the holiday.

For all you need to know about the Dare County veterans card and the events being held during Outer Banks Veterans Week, see https://www.darearts.org/veteransdirectory.

AND DON’T FORGET: TUESDAY IS ELECTION DAY.

The Pitts Center is the polling place for all registered voters residing in Southern Shores. Polls will be open from 6:30 a.m. to 7:30 p.m.

For a list of candidates, locally, statewide, and nationally, for the election, see https://www.darenc.gov/departments/elections/candidates.

For a sample ballot, see https://www.darenc.gov/home/showpublisheddocument/14431/638620773175830000.

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The Southern Shores Town Council’s regular monthly meeting, which is usually held on the first Tuesday of the month, will be held on Tuesday, Nov. 12, at 5:30 p.m. in the Pitts Center.

By Ann G. Sjoerdsma, The Beacon, 11/3/24