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Light turnout at low-key ETJ hearing

By Rose Hooper

In a low-key, quietly-spoken tone, indicative of the church setting in which it was held, Forest Hills' public hearing Monday was absent the crowd at its last ETJ hearing April 2000 at Cullowhee Valley School.

The subject, however, remained the same, but this time around, the proposed ETJ has been greatly reduced from ridgetop to ridgetop.

Originally, from the Forest Hills entrance, the proposed ETJ ran south on N.C. 107 to Speedwell, down Speedwell Road to Bo Cove Road, until that road ends. Then it followed the existing property lines to the Webster/Cullowhee township lines. Following those lines past Gribble Gap, the original ETJ picked up the ridge line, following back to N.C. 107 at the intersection directly in front of the administration building.

The most vocal opponents at the first public hearing where those whose property lies within that area.

But Monday night at the Cullowhee United Methodist Church, Mary Wilson, whose property lies within the current ridgetop to ridgetop ETJ, was present to voice her opposition. Wilson, who lives on Freedom Drive off Lyle Wilson Road, told the village board, "Ours is a small community of six houses. The property where we live has been in the family since the 1930s. Why do you want to put your rules on us?"

Wilson said she objected to the ordinance "requiring a 2-acre development, especially since most of the homes in Forest Hills aren't on 2 acres." The plans her family have for their 8 acres would be adversely affected by those "strict ordinances," Wilson contended.

James Hooper, Forest Hills property owner and Sevierville, Tenn., resident, told the board he considered the proposed ETJ "unfair and illegal, and it will devalue our property."

Hooper, who owns several lots, including 13 acres at the corner of N.C. 107 and Dillard Farm Road, called the action illegal because the zoning ordinance is essentially a "single use zoning." "Essentially the only uses permitted in the entire town and the ETJ will be residential ­ either residential 1, residential 2 or motel. There is no provision for any commercial or industrial use throughout the entire jurisdiction of the town. I believe there is a substantial likelihood that a court would find the imposition of this zoning ordinance into the ETJ to be illegal, arbitrary and capricious," Hooper said.

Mark Jamison, chairman of the Speedwell-Long Branch group opposing the ETJ, said that group is prepared to fight "if this ETJ issue goes any further. Our communities prefer to regulate themselves."

"What's the trade off?" Hooper asked the board. "What are you offering property owners except control?"

Dick Iobst said what the village board was offering is protection, not control "and I, for one, am for it. We don't have the kind of money for a gated community, but we want some kind of protection, especially from overdevelopment. That's why I support a ridgetop-to-ridgetop ETJ."

Resident Joe Rossano, who has owned a house in the village since 1978, said, "I have seen lots of construction going on in the valley... trailers, rental property, etc... and all unregulated. I favor ETJ for stability. I think it would help our property values."

Gene Tweedy agreed. "Nobody else is going to do it for us," he said. "If we don't regulate ourselves, who will? I think ETJ would be beneficial to our village."

Mayor Irene Hooper read a letter into the record from village resident Charles Rush, who "supports the proposal 100 percent." He was out-of-town for the hearing.

The board could make a decision on ETJ at its next meeting, which is 7 p.m. Monday, Oct. 1, at the University Inn.

Back to Archive: 09/27/01.