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era are considered under the law as having legal standing for the purpose of use applications, Mr. Wickens disagreed. "We could wind up with a lawsuit.” He suggested that the council treat the application as a nullity until title either passed to Mr. Batchelder or Mrs. Wood presented the application in her name.
Mayor Morehouse agreed, adding that the opposition of adjacent landowners heightened the need for the council to be sure that the application was presented and approved under the correct procedure. He suggested that Ms. Haase research and present more details on her plans for parking, hours, provisions for trash containers, and the sale of beer and wine.
Mr. Wickens agreed that Ms. Bruce had raised valid questions, adding that “I would oppose this if council had not done to that property what they did.” But, he added, “I am concerned that we could be setting someone up for a lawsuit who has spent a lot of money starting a business and then be forced out because their special use permit was not approved correctly.”
Ms. Bruce repeated the points which she found objectionable:
• The requirement in the zoning ordinance for one off-street parking space for each 100 square feet of retail space. Mr. Kramer pointed out that cannot be waived by the council, but such waiver must be granted by the town’s Board of Zoning Appeals.
• The sale of carryout beer and wine in a residential neighborhood, with the potential for resulting littering, loitering and parking on nearby streets by patrons.
• That the conversion of the property from residential to commercial is not “inevitable.”
• The congestion caused by store customers, added to the already crowded conditions faced by church and community members attending functions at Trinity Church.
Mayor Morehouse suggested that the council table the request for amendment, with the council to pay for the cost of readvertising the permit application, since Ms. Haase had applied for the permit in good faith, believing herself to have legal standing in representing the permit.
The council will give the application further consideration at its special meeting on Wednesday, Oct. 28. It will be held at the Courthouse beginning at 8 p.m.
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