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objections to Gersten’s plans from anyone in the neighborhood and added that the work, would improve the property.
"Why does this have to come before the Board?” asked Forward. “Is it necessary to get the Board's permit?”
“We thought it was or we wouldn’t have brought it before the Board,” McNear responded.
Admiral Gardiner asked Commonwealth Attorney, George Davis, who was in the audience, for his legal opinion.
If a building permit application is made to the Zoning Administrator and denied, Davis replied, then the property owner has the right to appeal to the BZA. The question on what was shown in McNear’s records as to action on the application was not answered directly.
“Evidently he (McNear) denied it because he passed it on to us," Gardiner commented.
McNear indicated that he denied the application because it didn’t meet setback requirements.
If Gersten applied for and was denied a building permit, said Davis, then the matter would be legally before the BZA.
(Continued on Page 4)
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