Orange County is reviewing whether rules placed on a Millhouse Road property 30 years ago prevent the county from placing a solid waste transfer station there.
Mark Dorosin, senior managing attorney with the UNC-Chapel Hill-based Center for Civil Rights, has been working with the historically black Rogers Road community to oppose a possible transfer station on Millhouse Road just north of Chapel Hill. Community leaders consider the Paydarfar property part of their neighborhod.
On Wednesday Dorosin notified the county that covenants placed on the 10-acre property in 1979 restrict its use to “residential purposes only.”
The restriction, repeated in later deeds, appears to revise an even earlier restriction contained in two 1974 deeds that said “There shall be no commercial uses or any lawful use of said property which wil constitute a public or private nuisance.”
Dorosin said there is a time limit on such covenants but that state law makes exceptions, including for provisions that limit land to residential use.
“Siting of the transfer station on the Paydarfar property deliberately iogores the clear intent and vision of the Blackwoods and all of the propety owners who bought land throughout the area,” Dorosin wrote in his letter.
The Orange County landfill is scheduled to fill up in 2012. On Monday, the Board of County Commissioners is scheduled to either pick one of two transfer station sites or decide to send future trash to Durham’s transfer station for trucking to a landfill outside that county.