The Virginian-Pilot
                             THE VIRGINIAN-PILOT 
              Copyright (c) 1995, Landmark Communications, Inc.

DATE: Wednesday, December 13, 1995           TAG: 9512130429
SECTION: LOCAL                    PAGE: B1   EDITION: NORTH CAROLINA 
SOURCE: BY PAUL SOUTH, STAFF WRITER 
DATELINE: MANTEO                             LENGTH: Medium:   69 lines

DUCK PLANNERS OK PERMIT FOR CONTROVERSIAL DUCK STATION

A plan to build a combination convenience store, gas station and restaurant in the up-scale Duck community has cleared its first hurdle, with the Dare County Planning Board unanimously approving a conditional use permit for the project.

However, the board listed numerous conditions that must be met before the proposal is forwarded to the Dare County Board of Commissioners for action.

Duck Station would be located in the heart of the north beach village, across from Duck United Methodist Church. Area residents have criticized the proposal, saying it would destroy the ambience of the community.

However, at Monday night's hearing Virginia Beach developers Whitt Sessoms III and James Braithwaite sought to ease board and community fears concerning the project.

Braithwaite said the structure will be gray and white with cedar shingles on the roof. He said the primary goal in the color scheme is to maintain harmony with the surrounding community.

``We're going to try to make the project fit the site,'' Braithwaite said. ``We want to keep it in attractive colors that will be in keeping with the architecture that's already in Duck.''

Duck Station will share its location with a variety of trees, including a centuries-old live oak. Sessoms said the developers plan to work with a professional arborist to make sure the trees surrounding the site are undisturbed. Planning board member Larry Bray had expressed concern that the placement of underground gas tanks may damage the roots of the stately oak.

The board also questioned developers about the proposed restaurant. Davis Oil will hold the franchise rights for the gas station and eatery. Al Donovan, a spokesman for the firm, told the eight-member panel that while the restaurant will feature fast food, it will not be a national chain, such as McDonald's or Burger King. He said his firm is in negotiations with two firms, but would not disclose the names.

The board stipulated that:

Duck Station must get final approval by the Dare County Health Department for its wastewater treatment plan.

The second floor of the building be restricted for use as a single-family dwelling.

The canopy over the four proposed gasoline tanks be kept to a minimum.

The facility's drainage plan be approved.

A 20-foot buffer be placed between Duck Station and existing vegetation (dogwoods, live oaks, etc.)

An additional buffer be built between the site and a residential dwelling.

The board monitor parking and hours of operation for one year.

External lighting be used to illuminate the Duck Station sign. The developers will also work with the Planning Department on a sign design in keeping with the community.

Sessoms said the planning board's conditions will be met.

``These are things that we would have to do anyway,'' Sessoms said.

Despite the conditions, Duck residents say they are disappointed with the board's ruling. The planning panel received petitions carrying almost 400 signatures of citizens opposed to the plan.

``They seemed to be more concerned about appearance than function,'' Duck resident Martha McKeon said. ``No one brought up our concern about zoning. They didn't talk about traffic, and they approved it without seeing a site plan showing where the holding tanks will be. The board just seemed very carefree about it all.''

After the planning board's conditions are met, the permit application will go to the Dare County Board of Commissioners. The panel can either approve, deny, or send the request back to the planning board. by CNB