Center Street condominiums challenge waiting hearing examiner response

No decision on the reconsideration requests filed for the Center Street condominiums conditional use permit before hearing examiner David Lowell had been made by May 27. Four requests for reconsidering Lowell’s May 11 decision to approve the 3-story, 21 unit building on the corner of Center and Fourth streets were filed by May 18.

Planner Michael Davolio’s request, filed May 12, received a same day email response from Lowell stating he would “wait five days and will render a revised decision.” By May 18 three additional reconsideration requests were filed, by the town’s fire department, property owners Brandon and Kate Atkinson and, probably most significantly by resident Linda Talman, a party of record.

Town Administrator Scott Thomas wrote the Weekly News that Lowell “concluded that due process requires him to allow opponents to a motion for reconsideration to file a response” but had not established a schedule for that by May 27.

Talman asserted that Lowell had made an error of fact in the decision in finding that the site was zoned commercial. With her filing Talman submitted a 1986 agreement between then owners Donna and Gerald Blades and the Town that was not filed with the county auditor and was unknown to town staff. This contract rezone stipulated Historical Preservation District zoning if the site was improved, with failure to comply causing the zoning to revert to residential.