DATE: Thursday, August 7, 1997              TAG: 9708070487

SECTION: LOCAL                   PAGE: B1   EDITION: NORTH CAROLINA 
SOURCE: BY PAUL SOUTH, STAFF WRITER 

DATELINE: NAGS HEAD                         LENGTH:   83 lines

NAGS HEAD ADDS TO WATER AGREEMENT THE AMENDMENT, SAY SUPPORTERS, MAKES IT CLEAR JUST WHAT AN EMERGENCY IS.

An amendment to the tri-party water agreement that would clear the way for emergency water sales to the Currituck Outer Banks was approved Wednesday by the Nags Head Board of Commissioners.

The additional language still must be approved by the Kill Devil Hills Board of Commissioners, which tabled the matter last week.

In 1996, Nags Head, Kill Devil Hills and the county entered into a 40-year agreement guaranteeing the towns' water supply. It prohibited the sale of water outside the county unless scientific studies showed there was enough to go around.

Dare County has signed an agreement with Carolina Water Service to help CWS customers in an emergency.

Opponents of the agreement worry that it will strain Dare's water supply and lead to full water sales to Currituck County. But supporters say the amendment specifies the emergency conditions under which Dare would help Currituck communities.

Emergencies, Dare County Commissioner Doug Langford told the Nags Head board, would include: ``fires, water line breaks, tornadoes, hurricanes and other such short-term events that may occur from time to time.

``This is nothing more than a mutual aid agreement. It is heavily canted in favor of Dare County as to when an emergency condition would exist.''

But Dare County Commissioner Cheryl Byrd, an opponent of the Carolina Water agreement, raised concerns about the county's ability to meet its own water needs. Byrd was one of three commissioners to vote against the proposal last month.``First, Currituck County and Carolina Water Service, serving as a proxy for developers, are battling for control of water and thus, future development on the Currituck Outer Banks,'' Byrd said. ``We are getting ourselves right in the middle of the fray, and that is a mistake.''

Second, Byrd said, is the uncertainty over Dare's water supply.

``The status of our own raw water resources is unknown,'' Byrd said. ``And thus the extent to which we could expand our water systems to meet Dare County's own future needs is unknown.''

Finally, Byrd called for a scientific study.

``If we waited one or two years to enable the completion of a hydrogeological study, and proceeded to have meetings with Currituck County to map out a future water strategy, we could devise a much smarter and safer agreement for emergency water between the two counties,'' Byrd said.

Some Kill Devil Hills Commissioners also feel that a study should be done.

But Nags Head Commissioner Doug Remaley said, ``I think as long as we hold the key to the water, we're OK.''

The board also approved new zoning language that prohibits construction of shopping centers or single-use buildings 10,000 square feet or larger on tracts within the Commercial 2 district.

Tim Walters, president of Seamark Foods, had asked for the zoning change. Earlier this year, Food Lion bought a tract across from the Outer Banks Mall to develop a shopping center with one of its stores as the anchor. A Seamark store is in Outer Banks Mall.

Residents of the neighboring Village of Nags Head spoke in favor of Walters' amendment, saying the project would hurt property values and cause traffic problems.

But Hood Ellis, an attorney for Food Lion, disagreed and contended that the amendment stifled free enterprise.

``We don't know that a Food Lion will bring more traffic than a whole bunch of smaller operations,'' Ellis said. ``If it was Food Lion here coming to you to put forth the same amendment, would there be the same reaction? We don't think this is in the public interest.''

Ellis hinted that Food Lion might take the matter to court. Food Lion entered into a contract for the property before the zoning change came up. ``I'm going to talk to my client, and we're going to look at our options,'' he said.

In another zoning matter, commissioners opted to delay action on non-conforming uses in the Outdoor Recreation zone. Under the changes, businesses such as amusement parks and miniature golf courses could not increase the height of any structure or feature above the height of any existing feature. Also, businesses would be prohibited from increasing lot coverage above that existing at the time of the ordinance. And structures cannot be closer than the required setbacks.

``This could be disastrous to one of the oldest businesses in Nags Head,'' said Dwight Wheless, attorney for Dowdy's Amusement Park. ``If Dowdy's is such a blight on the community, why do people come back year after year?''

The commission voted to send the issue back to the planning board to try to reach a compromise.

``We're not in this to run people out of business,'' said Mayor Renee Cahoon.

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