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Published Tue, Jul 27, 2010 05:46 AM
Modified Tue, Jul 27, 2010 05:45 AM

Durham board delays decision on 751 development

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- STAFF WRITER

DURHAM -- After hearing more than three hours of public comment on the controversial 751 South development project Monday night, the Durham County Board of Commissioners put off making a decision until Aug. 9.

With midnight approaching, the commissioners voted to continue their public hearing after County Attorney Lowell Siler said he needed more time to study the state Department of Transportation's revocation of acceptance of an easement it had been granted by the 751 South developers to a strip of land along N.C. 751 next to the project site.

Giving the easement to DOT would have invalided a protest petition that property owners adjacent to the 751 South site had filed against a rezoning for which the the developers, Southern Durham Development Inc., are seeking county approval.

The presence of a valid protest petition requires aye votes from four of the five commissioners to approve the rezoning.

The rezoning came up for a public hearing and an expected vote at the commissioners' regular meeting Monday night.

On Monday afternoon, the DOT filed a "Declaration of Revocation, Rejection and Termination" for the easement and, in an official statement, said that when it originally accepted the easement it had not been notified that its acceptance would "impact the public process."

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