Salted with Sharks

Putney Appeal Hearing to Continue September 4

In Agriculture, Breaking, Community Alert, Infrastructure and Planning on August 22, 2013 at 8:45 pm

Tonight the Zoning Board of Appeals, with new members Holly O’Dwyer and and Mark Held, after hearing public comment and a statement from Loy Putney’s attorney, Brad Putney, decided to continue the hearing on September 4 to give ZBA members more time to review the appeal exhibits, some of which they received from the Putney team as late as Tuesday.

Several members of the public spoke during public comment, though none commented directly on the matter at hand, the appeal of the occupancy restriction placed by council at the July 9 meeting at which Putney’s special permit application was approved. Council, on the recommendation of the Planning Commission, set an occupancy limit of no more than one person per 165 square feet. Putney had already configured his interior spaces and been approved by MDARD for an occupancy rate of 1 person per 100 square feet.

Brad Putney strongly suggested that the Putneys are willing to appeal their case to the Supreme Court, arguing that council is violating both the state and federal constitution by placing this restriction on the structure, and that the action constitutes a government “taking” of property. He also argued that the Village is in violation of the Right to Farm act, which he said by precedent (citing a case in Shelby Township) overrides local zoning.

The next hearing will take place September 4 at 6 pm at the Village Community Building, 401 First Street.

 

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