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1 July 2009 | Approved: 5 August 2009

Chairman McClelland called the meeting to order at 7:47 p.m. In attendance were Commissioners Georgette Cole and Bob Evans. Also in attendance were Charlie Challstrom, David Neumann, Carolyn Sanford, Bill Uhlendorf and Susan Uhlendorf.

Public Appearances

Bill and Susan Uhlendorf came to discuss a new discrepancy with a property marker between their property (17 The Circle) and the Bent property (407 5th Ave.). The discrepancy came into being as a result of someone physically moving the survey marker twice. John McClelland began the discussion by stating that the recent permit application for a fence by the Bents will be denied because of lack of information (fence height). He went on to say that this was a neighbor to neighbor dispute but knowing the history makes the situation a little different. There was a discussion about Planning Commission responsibility, homeowner’s rights, property marker ownership, state survey requirements, real distances, angles, property delineation and fines for moving survey markers. Because the Bents did not attend this meeting, there was no further discussion. John will write a letter to the Bents explaining that the permit was denied because of insufficient information and the question about the location of the property line.

Approval of Minutes

The minutes for June 3, 2009 were approved. Vote: 3-0.

Nomination of Chairman

Bob Evans moved to nominate John McClelland as chairman of the Planning Commission for another year. Georgette Cole seconded the motion. Vote: 3-0.

115 Chestnut Ave – deck location

The results of a BZA hearing granted the variance request of 2 ½ feet from the side yard setback for placement of a new home. The owner would like to build a deck on the North side of the house but is unclear about the setback requirements. There was a lengthy discussion about the results of the BZA hearing (If the line moves or if the decision merely allows for encroachment into the setbacks), Section 3.327 in Article VII, steps, setbacks, foundation height, backfill, retaining walls and permits. Carolyn will bring plans for the front steps to a future meeting.

333 McCauley Street

Prospective buyers changed their minds about the sale. No discussion.

402 5th Ave

David Neumann brought up his letter (Exhibit A) to the Long’s concerning the use of their property as a storage facility. He also presented a report from the Council of Governments group called “Hoarding a Dangerous Secret”. There was a discussion about enforcement, demolition by neglect, asking the Fire Department for help, fairness to neighbors, empty homes and what to do about this. He asked if the Town’s Municipal Infractions ordinance could help with the problem. This home appears to be a commercial storage facility not a residential structure.

Washington Grove Lane – Discussion/encroachments/front yards

There was a discussion about homes along Washington Grove Lane that may be creating driveways on Town property and even parking mobile homes on Town property. The discussion also included the parking on Town property that occurs in other parts of Town, driveway permits and Town sanctioned permanent use.

Ordinance Revision (No. 2008-07)

Chairman McClelland stated that work on the more restrictive side of this document should begin quickly. Georgette Cole stated that more public involvement was needed. David Neumann stated that the first version of this ordinance was more equitable and that this version should never have been passed.

Report from Town Council

Georgette Cole presented a report to the Planning Commission (see Exhibit B). There was a brief discussion about the property known as Casey 6 & 7 and the moving of the Montgomery County Service Parks.


The Commission unanimously approved a permit application for a split rail fence at 215 Ridge Road.

The meeting was adjourned at 9:45 p.m.

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