HOPE TO REACH DECISION BY JAN. 23 Sunset Beach , SeaQuest Try To Resolve ' Explorer ' Rental Feud BY SUSAN USHER A watercraft rental company and the Town of Sunset Beach arc trying to work out their differences outside the courtroom and well before the 1995 summer season. Kevin Smith, president of The SeaOiies! ^ orp , m>'' with ^nnwi Beach Planning and Zoning Board members last Thursday in an effort to rcach a negotiated settlement by Jan. 23 that would allow the compa ny to operate its watercraft rental business in the town next summer and end a civil action filed in June in Brunswick County Superior Court Board members listened, asked questions and took no action Thurs day. Chairman Richard Good said later this year the planning board will recommend "what it thinks are appropriate provisions" to the coun cil for consideration, keeping in mind that the guidelines set for any conditional use permit granted to SeaOucst would also apply to any other company that applies to rent watercraft at Sunset Beach. Smith dcscribcs the "Explorer" rented by SeaOucst as "a cross be tween a personal watercraft and an inflatable runabout". The vessel can hold three to five people and reaches speeds of up to 30 mph to 37 mph The board will decide where, when and how the boats can operate in the ocean and or waterway . w here ?k. m?i.i :*..u * tin. iVMini iru.miv.vi iixtt ion tytiait, on the island or mainland, and other guidelines These might includc lia bility insurance limits, supervision provisions and other factors the town would want to remain consis tent from rental company to rental company. If the Town of Sunset Beach gr3i;!r, SeaQues! permission to oper ate on a permanent basis in a man ner acceptable to the company, the civil action against the town will be dismissed. If not, then it will pro rwH at the tint ion of SeaOuest and its partners. Smith and Alex Kinlaw. according to an agreement signed by them and the town. Talking with the planning board before its conference with Smith. Town Administrator Linda Flucgel advised, "We can make it a spccial use and put it anywhere and set spe cific conditions. "As long as we arc making it per missible, we can make it permissible any way we want to." The civil action against Sunse> Beach claims the town violated their rights when the company was not al lowed to operate a watercraft rental business on the beach. The town filed an answer and countersuit in late August Smith and Kinlaw approached the town council in fall 1993 seeking permission to rent out the rigid-wall inflatable "Explorers" from the wet sand beach at Sunset Beach during tho t(MH Tnw ? ??v a /y-r JVUdUII. iunu v*ll IV1UIO UU" vised that town ordinances didn't permit that type of business and that an amendment of the zoning ordi nance would be required. Smith anr j If inlaw rnnliniipft to contact town officials by letter and telephone. The plaintiffs and town differ in their accounts, but agree no formal application was made for a zoning ordinance change and that the two were never told they could do business in the town. The plain tiffs claim they were also never told what they could do specifically to get their business approved. In late May the company notified Sunset Beach they had leased an of fice in the beach business area and docking space at a local marina and planned to go into business Mem orial Day weekend. SeaQucst opened its doors with out the town's permission, saying the operation would not violate the town's personal watercraft, peddling or zoning ordinances and that no permit was needed. Auction Saturday At Sunset An auction on Saturday will benefit the Sunset Bcach Fire Department and needy families the department chooses for holiday giv ing. The event Ugiin at 11.30 a.m. Saturday, Nov. 26, at the fire depart ment on N.C. 179. Goods to be sold include antiques, collectibles, furniture, bakery good and more Refreshments will be available. The fire department will pick up items for donation. For more infor mation, call Fire Chief TJ. Lyke at 579-2456. L Bookworm Beginning Friday after Thanksgiving Nov. 25 thru Monday, Nov. 28, all new books in stock will be DISCOUNTED 20%! It is a pleasure serving such a nice community. Barbara and Jim Lowell L Bookworm 3004 Holden Beach Rd. (next to True Value) 842-7380 D A Bookstore in the Classic Tradition C*?M 'Mt Bft-SSytC* BCACON According to SeaQuest, the com pany was first dircctcd to relocate operations fro~i the island to the wa terway, then eventually shut down for allegedly impeding navigation on the Intracoastal Waterway. In their agreement, neither the town nor ScaQtj'St ad~.it any Ciiui on their own part or recognize any validity to the claims of the other party. They do agree to put the civil action on hold while attempting set tlement. The agreement allowed SeaQuest to continue operating through Sept. 12 from the Sunset Beach Gift Shop at the corner of Sunset Boulevard and Main Street, to launch rental boats from the beach and to operate them within 300 yards of the beach when coming and going. The company had operated part of the summer under a temporary court uider. The order barred the town from closing down the business be cause other items not specified by town ordinance were also being rented from the beach business dis trict, such as boogie boards and bi cycles. In turn, SeaQuest agreed to apply for an amendment to the town zon ing ordinance on or before Oct. 1 which would allow SeaQuest's type of business as either a permitted use or a conditional use within the town. If the town adds the business as a conditional use. SeaQuest is to promptly apply for a permit using a form provided in timely fashion by the town The town is to process the zoning amendment application "promptly" and render a final decision on or be fore Jan. 23, 1995, and to provide a 60-day turnaround time on any ap plication by SeaQuest for a special use permit. f Customer's Early Christmas Sale! ^ Why Wait Till After Christmas To Save? 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