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The ARB decided the proposed fountain was not structure and thus did not rule on whether or not it was “appropriate.”
The discussion that night revealed that most people thought the issue would not have arisen if the fountain had been planned for a less conspicuous location. How ever, the town's Historic District Ordinance does not contain an overlay district indicating locations more critical than others. All of the town is equally in the historic district. Other discussion considered where to draw the line on structures. If the fountain was to be considered a structure, what about a swing set? In short the ARB by ruling the fountain was not a structure, finessed the issue. »
This was a decision that could be appealed, and it was. But the person filing the appeal had to claim to be “aggrieved” by the decision. Robin Purnell, who filed the appeal, does not live in town or own property in town. The members of Town Council voted 6 to 1 that she did not have standing to appeal.
Before that vote, however, Mrs. Purnell said that what she objected to was the likelihood that the fountain and plantings were not truly a gift to the church, but were intended rather to enhance the business of The Inn.
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