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2 August 2006 | Approved: 6 September 2006

Chairman John McClelland called the meeting to order at 7:36 p.m. In attendance were Commissioners Peggy Ebner and Bud O’Connor. Also in attendance were town residents Bob Booher, Georgette Cole and Charlie Nagem

Approval of Minutes

The minutes for July were approved.

Ordinance Change Format Procedure

Chairman McClelland suggested that the Planning Commission (PC) include a more formal document describing the purpose, reasoning and intent of the proposal when presenting ordinance changes to the Town Council (TC). The TC would also be required to add their thoughts if any modifications to the PC’s recommendations are adjusted. It is hoped that this will become a record of the TC and PC’s intent if and when future questions/issues arise. Georgette Cole noted several cases where such a record would have been helpful to the TC when discussing proposed changes to the ordinances.

Private Structures on Town Property – 315 Grove Ave.

The Commissioners discussed a proposed second story addition for 315 Grove Ave. The rough plans and new boundary survey presented the second story addition entirely within the property lines. Attorney Bill Roberts had previously noted that the PC has no authority for any structure or portion of a structure located on or over Town property. Therefore, all of the proposed structure changes (including all overhangs, eves, porches etc.) would have to be within the owner’s property boundaries. The PC will require extremely detailed drawings clearly demonstrating that there would not be any encroachment on or over Town property.

206 Grove Ave. – HPC Review/Timing

The PC approved this permit at the last meeting pending HPC review submittal within 30 days. The review was not submitted within the 30-day requirement so the permit was approved.

112 Chestnut Ave. – Continuing Demolition

This demolition project is moving so slowly that it has become unclear as to the owner’s intent. As the County demolition permit for this project expired last year, the Mayor will be sending a letter to the owner asking for his plans and a new permit application.

115 Chestnut Ave. – BZA vs. TC Appeal

Marc Hansen, Chairman of the Board of Zoning Appeals, has indicated that the BZA does not have the authority to modify a Town’s deed agreement – which in this case prohibits the owner from including the deeded land for lot coverage and/or set back requirements. A primary structure is also not permitted. Only the TC has the authority to consider changing the terms of the land deed. The PC expressed concern regarding any potential changes in land deed terms due to Town-wide implications for all previous land transfers. The BZA could hear the appeal from the residents of 115 Chestnut Ave. as long as the terms of the transferred land were not part of the discussion.

Building Permits

The following building permits were discussed and voted on by the PC:

  • 419 4th Avenue – Shed permit denied because does not comply with the Article 7, Section 9, specifically accessory building front setbacks. BZA option was discussed with resident.
  • 111 Maple Avenue – Front porch addition approved per Article VII, Sections 3.141 and 9.
  • 127 Washington Grove Lane – Gazebo approved per Article 7, Section 9.

Missy Yachup – Secretary

The meeting was adjourned at 9:30 p.m.

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