MINUTES OF A PUBLIC HEARING HELD BY THE MAYOR AND COUNCIL OF THE

TOWN OF CHAPEL HILL, NORTH CAROLINA, MONDAY, SEPTEMBER 16, 1991

 

Mayor Howes called the meeting to order. Council Members in attendance were Julie Andresen, Joyce Brown, Joe Herzenberg, Nancy Preston, Alan Rimer, Arthur Werner and Roosevelt Wilkerson, Jr. Council Member James C. Wallace was absent. Also in attendance were Town Manager Cal Horton, Assistant Town Managers Sonna Loewenthal and Florentine Miller, Parks and Recreation Director Mike Loveman, Planning Director Roger Waldon, Long Range Planner Chris Berndt and Town Attorney Ralph Karpinos.

 

                        Item 1 Ceremony

 

Bob Baxter stated that the recent Junior Olympics event held in Chapel Hill had been one of the most successful Junior Olympics ever held. He thanked local residents for their outstanding assistance in coordinating the events. Mr. Baxter also thanked the Mayor and Council for their support of the Junior Olympics.

 

Charles Foster, University of North Carolina track and field coach and meet coordinator of the 1991 Junior Olympics, stated that over nine thousand young people participated in the olympics. Mr. Foster said that the events were a major undertaking and a tremendous success. Noting that he was a former Junior Olympic champion, Mr. Foster said that participation in the event could lead young people to greater heights. He noted that thirty‑six new national Junior Olympics records had been set at the 1991 event. Mr. Foster thanked all who had volunteered for the Junior Olympics.

 

Mike Fales, representing the local business community and the Omni Europa Hotel, thanked the Town for its generous support of the Junior Olympics event. Mr. Fales noted that his hotel did not have to lay off any employees during July thanks to the Junior Olympics event. He stated that slower business trends during the summer normally required such layoffs. Mr. Fales said that the Junior Olympics had shown the Town at its best.

 

Mayor Howes thanked Mr. Baxter, Mr. Foster and Mr. Fales for their comments. He said that this year's Junior Olympics had been an extraordinary event. Mayor Howes stated that some Council Members and himself had attended some of the Junior Olympic events. He thanked all persons who had participated by volunteering or coordinating events.

 

Mr. Baxter presented Mayor Howes with a plaque recognizing the Town as Grand Sponsor of the 1991 Junior Olympics. Mayor Howes accepted the plaque from Mr. Baxter with appreciation on behalf of the Council and Town residents.

 

                      Item 2 Bolin Creek

 

Persons wishing to testify in the matter were sworn.

 

Planning Director Roger Waldon provided an overview of the proposal, noting that the trail was being proposed both as part of the Greenways Plan and as part of the Town's non‑automobile transportation strategy. Mr. Waldon showed a schematic of the proposed Bolin Creek greenway trail. He noted that a greenway trail was proposed along the entire length of Bolin Creek, from the Carrboro Town limits to University Mall on Estes Drive. Mr. Waldon said that only phase one was before the Council this evening. He noted that several public information meetings had been held on the proposal. Mr. Waldon added that the special use permit application met the requirements of the Town's Development Ordinance.

 

Mr. Waldon stated that a number of persons had expressed concern about security along the proposed trail. He noted that the trail was adjacent to the Police Department at the Airport Road end of the trail. Mr. Waldon added that bicycle patrols from the Police Department would periodically patrol the trail. He also said that the trail would be closed at dusk each day. Mr. Waldon stated that the surface treatment and width had been chosen to provide handicapped accessibility, a good bicycle transportation system and to keep maintenance costs of the trail down. Mr. Waldon noted that representatives of several Town Council advisory boards and commissions were in attendance this evening to make their recommendations to the Council. Noting that all of the boards and commissions had recommended approval of Phase One of the Bolin Creek Greenway, Mr. Waldon said that the Manager's Preliminary Recommendation was adoption of Resolution A, approving the application.

 

Council Member Andresen inquired about the proposed width of the trail. Mr. Waldon said ten feet. Council Member Andresen inquired about a proposed sewer line project proposed by the Orange Water and Sewer Authority along the trail. Mr. Waldon said that the Orange Water and Sewer Authority did not have immediate plans to undertake this work. Council Member Andresen noted that work on a large line in the area could have a detrimental effect. Mr. Horton stated that Mr. Loveman and the Town's project consultant could provide additional background on OWASA's future plans in the area.

 

Parks and Recreation Director Mike Loveman noted that the trail lay within the Middle Bolin Creek corridor. He also briefly outlined Town documents which included references to the proposed Bolin Creek greenways trail. Mr. Loveman stated that the Greenways Commission had unanimously recommended that the project be listed as a bicycle accessible facility. Mr. Loveman briefly outlined the review schedule for the project, noting that a $224,000 bicycle grant for the project was available from the North Carolina Department of Transportation. He also noted that the Town had contracted with Dewberry and Davis in 1990 to design phase one of the Bolin Creek greenway trail.

 

Mr. Loveman said that the first community‑wide introductory meeting on the proposed trail was held in 1988. He added that Town staff and members of the Greenways Commission had met with property owners adjacent to the proposed trail in 1990. Mr. Loveman also said that two public meetings were held at the proposed trail site in 1990 and 1991. Mr. Loveman said that all persons who had attended any of these meetings were recently invited to take a tour of the City of Raleigh's multi‑use trails. He also stated that a meeting on the special use permit application had been held on May 23, 1991.

 

David Rast, project consultant, provided an overview of the location of the trail from Airport Road to Elizabeth Street. He noted that a thirty foot wide pedestrian easement was located within OWASA's sewer easement. He noted that Town staff had met with several different homeowner associations along the trail to discuss the proposal in detail. Mr. Rast said that he and Town staff had met with OWASA staff to determine an appropriate greenway alignment along the sewer easement. He stated that OWASA was intending to relocate the proposed sewer line fifteen feet uphill, making it possible for the trail to be moved closer to Bolin Creek, utilizing OWASA's abandoned easement. Mr. Rast stated that a maximum slope gradient of eight percent was recommended for handicapped access purposes. He said that the initial portion of the trail near Airport Road would be twelve feet wide, tapering to ten feet for the balance of the trail. Mr. Rast stated that the trail went through wooded areas and would cross Bolinwood Drive at grade. He stated that a natural corridor would be provided through the woods with minimal clearing necessary. Mr. Rast said that he and Town staff would work with Village Green property owners to sensitively buffer their properties along the trail.

 

Parks and Recreation Department Administrative Officer Bill Webster said that the staff was proud to have acquired bicycle grant funds for the proposed trail. He provided a slide show of greenway and multi‑use trails. Showing slides of greenways in Boulder, Colorado, Mr. Webster said this was a much more urbanized setting, but depicted trails having the same width and similar amenities to the one being proposed. He stated that the multi‑use trails were intended for use by bicycles and other non‑motorized means of transportation. Mr. Webster noted that several area residents had expressed concern about security along the trail. He said that most communities with greenways trails in North Carolina had experienced minimal problems with crime and security. Mr. Webster stated that the Town Police Station would be one of the anchors of the trail and the trail would be patrolled by Police officers on bicycles. He noted that the City of Raleigh Parks Police Department had received only three complaints about motorcycle usage on twenty‑three miles of trails during the last year.

 

Mr. Webster showed slides of the Raleigh Greenways system, noting that it had a ten foot wide asphalt base, with retaining walls to maintain necessary widths. He noted that the Town currently had two unpaved greenway trails. Mr. Webster stated that parking for the proposed trail would be accommodated by a minimum of six spaces at the Police Station, supplemented by parking on Bolinwood Drive. Mr. Webster showed slides of the proposed trail alignment. He noted that clearing of the ten foot wide trail would actually require clearing of sixteen feet for safety reasons. Mr. Webster also noted that property owners abutting the trail were concerned about sewer caps and the need to remove some screening along the trail. He showed slides of proposed bridge types along the trail, noting that landscaping would be necessary near Franklin Hills and Village Green on Elizabeth Street.

 

Council Member Andresen inquired about OWASA's plans for construction in the trail area. Mr. Webster responded that the Bolin Creek interceptor sewer line was on OWASA's Capital Improvements Program schedule, but had been postponed numerous times due to lack of funds. Mr. webster stated that construction of the line was a major consideration in determining location of the proposed trail. He said the proposed plan minimized the amount of conflict between the proposed trail and the interceptor. Mr. webster also noted that the bicycle grant funding was only available for a limited time.

 

Council Member Rimer asked whether it would be possible to have the trail weave and undulate, rather than cutting a sixteen foot wide corridor swath. He suggested setting an inner limit of one foot and an outer limit of three feet for the cleared area along the trail. Council Member Andresen noted that it would not be necessary to trim the overstory. Mr. Webster said it would be possible to achieve a compromise in clearing limits.

 

Planning Board Chair Bruce Guild said that the Board had agreed that asphalt would be the best material for the trail. He noted that some members of the Planning Board had concerns about signage and sidewalks on Elizabeth Street. He noted that the Board recommended that the Town provide funding for the sidewalk. Mr. Guild also noted that the Planning Board had recommended approval of the project to the Council.

 

Parks and Recreation Commission Chair Sherry Anscher said the Commission had unanimously recommended approval of the proposed trail. She encouraged the Council to approve the project so that people could enjoy the beauty of the area.

 

Greenways Commission Chair Andy Sachs said the Commission unanimously favored the proposed. He noted that the bulk of project costs would be borne by the North Carolina Department of Transportation. He stressed the importance of providing access to special populations.

 

Town Manager Horton said his preliminary recommendation was the adoption of Resolution A.

 

Kathy Harris said she had recently completed six years of service on the Town's Greenways Commission. Ms. Harris said it was an uplifting experience to visit the Raleigh Greenways system. Ms. Harris stated that she had visited paved greenways in Arizona, Colorado and North Carolina. She urged the Council to give people a choice between paved and dirt greenways. Ms. Harris also urged the Council not to lag behind more progressive communities in handling of greenways. She expressed hope that a greenway trail in her neighborhood would be paved in the future. Ms. Harris said that greenway trails were a healthier alternative for exercising than running beside area roadways. Ms. Harris stated that it was important to provide natural adventures for area youngsters. She requested that the Council support establishment of the trail. Ms. Harris requested that those persons wearing green "yes" badges supporting the trail rise. Those supporting the trail did so.

 

Paul Debreczeny, a resident of Hidden Hills Neighborhood, said he had submitted a petition to the Mayor and Council containing signatures of over one hundred and twenty persons opposing phase one and two of the proposed trail. Mr. Debreczeny expressed concern that the staff was recommending a wider trail solely because of the availability of the Department of Transportation grant. He said that it would be preferable to postpone the trail project until OWASA completed its work on the interceptor line project. Mr. Debreczeny said that bulldozers would break up the area and silt would run off into the creek.

 

Mr. Debreczeny requested that no more trees than necessary be removed for siting of the trail. He also expressed concern that phase two would be hard to prevent, in the event that the Council approved phase one of the trail project. Mr. Debreczeny said he did not believe that citizens had voted in favor of open space bonds to cut down trees for a paved bicycle trail. He also stated that the trail did not connect places where people traditionally drove their cars. Mr. Debreczeny said that environmental sacrifices were being proposed for the sake of constructing a recreational facility. He stated that the Executive Committee of the Franklin Hills Homeowners Association opposed the proposed plan. Mr. Debreczeny said that the association favored a narrower unpaved trail as a means of preserving greenspace.

 

Don Stanat said he was sorry to see opposition to the proposed bicycle path. Dr. Stanat said he looked forward to phase one and two of the trail. He said that society in general was addicted to the use of automobiles. Dr. Stanat urged the Council to provide alternatives to the automobile such as the provision of bicycle and multi‑use trails.

 

Barbara Brooks said she had lived in Town all of her life. Ms. Brooks noted that she had known Dr. Stanat for many years and understood his point of view. Ms. Brooks stated she had walked many of trails along area creeks. She noted that existing dirt paths tended to become overgrown during the summer. Ms. Brooks inquired about the anticipated cost of maintenance of the trails on an annual basis and in the long term. She added that phase two of the project was located in a biologically sensitive area which would pose political difficulties in siting the trail. Ms. Brooks expressed concern that the project was being pursued solely because a grant was available. She also inquired how hardwoods would be handled in five to ten years when they extended onto the trail. Ms. Brooks also inquired what flood events such as ten or fifty year floods would pose problems along the trail.

 

Eva Metzger, a former member of the Greenways Commission, said that the proposed trail had been part of the Town's greenway trail plan since its inception. Ms. Metzger stated that the greenway would be available for many years for people to enjoy. She urged the Council to cast an affirmative vote on the proposal.

 

Phillip Cohen said his objection was not to the concept of pathway. He expressed concern about the environmental impact of cutting trees along the proposed trail. Mr. Cohen said he was a user of the Franklin Street bikeway, which is far narrower than ten feet wide. He urged the Council not to destroy a beautiful part of the Town.

 

Pearson Stewart, a resident of Glendale Drive, said he lived adjacent to the unpaved Battle Branch greenway. Mr. Stewart said the trail was well‑used by non‑residents of the area. Mr. Stewart expressed his support of phase one of the Bolin Creek greenway.

 

Paul Meyers, a resident of Franklin Hills, said he had three main areas of concern about the proposed greenway. Mr. Meyers inquired when commitments would be made to patrol the Bolin Creek greenways trail. He also inquired where the money for additional police protection would be obtained. Mr. Meyers also asked why the trail was administered by the Parks and Recreation Department when a transportation grant had been offered. He asked why the Engineering Department was not involved in planning the project. Mr. Meyers suggested that existing streets be widened to accommodate bicycle lanes. Mr. Meyers also expressed concern that some trail users would use private driveways for parking when using the trail. He stated that there was no objective analysis or projection of how much money would be needed for the proposed greenways trail. Mr. Meyers said the project was impractical until more information of this type was provided. He also expressed concern that the asphalt surface of the trail would erode and pollute the creek area. Mr. Meyers said that heavy equipment would damage the wetlands area, defeating the purpose of a greenways trail.

 

Bill Bracey, representing the Sierra Club, said he strongly favored the proposal. Mr. Bracey said that transportation aspects of the trail would have good short and long‑term benefits for the Town. Mr. Bracey said he expected to use the trail frequently.

 

Jack Raper, a member of the Village Green Homeowners Board of Directors, said he opposed the proposed greenways trail exit onto Elizabeth Street. He noted that the grade on Elizabeth Street was greater than the recommended maximum gradient of eight percent. Mr. Raper said he had spoken to about sixty of his neighbors, most of whom were opposed to a ten foot bicycle path with a six foot additional clearing area. Mr. Raper said these residents would support a four foot trail with six feet of additional clearing. He urged the Council to maintain the Town's good environment.

 

Herschel Slater said he concurred with Ms. Harris' and Ms. Metzger's remarks. Expressing his support for the proposed trail, Mr. Slater commended the Seattle, Washington study on greenway trails to the Council's consideration.

 

Phil Sloane said he believed that people would look back on the decision to proceed as a good one. Mr. Sloane said that it was possible to design a trail to leave most trees and greenery in place. He stated that there would be some disturbances regardless of how the project was handled. Mr. Sloane said that any greenery and trees removed along the trail would regrow rapidly.

 

Margaret Scarborough, a member of the Greenways Commission, said she enjoyed hiking in the Town's green areas. She expressed support for the Bolin Creek greenway proposal.

 

Carwile Leroy, a UNC medical student, said he enjoyed racing in a racing wheelchair. He noted that space for this purpose was currently very limited in Chapel Hill and Carrboro. He urged the Council to approve the Bolin Creek greenway trail.

 

Dick Terry, a member of the Greenways Commission, said he was speaking as a member of the Chapel Hill League for Safe Bicycling. He stated that many more people would use their bicycles in the future. Mr. Terry stated that the Bolin Creek trail would serve as the backbone of the Town's greenways system.

 

Lightning Brown expressed his strong support for the proposal. Mr. Brown said he was particularly concerned about traffic and bicycle interactions at the top of Elizabeth Street. He suggested that a pedestrian crossing might mitigate some of these difficulties. Mr. Brown said he was also concerned about the proposed Bolin Creek interceptor replacement project. He stated that the replacement of the interceptor had been promised for about ten years.  Mr. Brown said that during heavy rains, rain infiltrated the existing line and sewage overflowed.  He stated that OWASA had indicated that funding was only available for an engineering study of the Bolin Creek interceptor. Mr. Brown urged the Council to put pressure on the Orange Water and Sewer Authority to address the interceptor situation in the near future.

 

Colin Hall said he resided close to Bolin Creek. He stated that raw sewage and rainwater pooled along the proposed greenway trail. Mr. Hall said that the pools were three or four feet deep and several feet wide. He stated that the pools pose a significant health hazard. Mr. Hall suggested that OWASA correct the interceptor situation before work began on the greenways trail project.

 

Mayor Howes stated that matters concerning the proposed interceptor were a matter of long‑standing concern. Council Member Werner requested that the Town Manager provide a report to the Council on the status of the interceptor project.

 

Council Member Wilkerson requested a report on what OWASA Board members were doing to address the matter of the interceptor. He added that if the matter were difficult to resolve, immediate action needed to be taken. Council Member Wilkerson requested information on the cost of sidewalk installation on Elizabeth Street. He also requested information on maintaining the greenway. Council Member Wilkerson inquired the significance of ten and fifty year flood events on the proposed trail.

 

Council Member Preston said she was concerned about the sewage and interceptor matter. She inquired how the trail would be closed at dusk each night. Mr. Horton said there were no lights along the trail. He added that signs would note that the trails close at dusk, but there was no way to physically keep people off the trail. Council Member Preston inquired whether or not there would be chains to close off the trail. Mr. Horton said chains would not be used to close the trail.

 

Council Member Andresen inquired when an OWASA board member would make a report to the Council. Mr. Horton said that these reports had not yet been scheduled. Council Member Andresen requested that the staff provide comments on resolving vehicle/pedestrian conflicts. She inquired whether any consideration had been given to striping of streets for bicycle lanes. Mayor Howes stated that striping was in place on Elizabeth Street. He added that greater enforcement efforts needed to be undertaken to prevent bicyclists from riding the wrong way in bicycle lanes such as those beside East Franklin Street and Airport Road.

 

Council Member Rimer suggested that the staff examine the feasibility of using existing open space to reduce the need for cutting trees and greenery along the proposed trail. Council Member Brown inquired about the deadline for receiving the Department of Transportation grant funds. Mr. Horton said that the deadline was October 15. He stated that the item was scheduled for consideration at the Council's September 23 meeting.

 

COUNCIL MEMBER HERZENBERG MOVED, SECONDED BY COUNCIL MEMBER RIMER, TO RECESS THE HEARING TO SEPTEMBER 23 AND REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

                                                                                                                          Item 3 East Franklin Street Corridor

 

Long‑range planner Chris Berndt said that a design workshop about the East Franklin Street corridor was held on May 14. She noted that the workshop had been very successful. Ms. Berndt stated that the Planning Board had considered the proposal in June. She showed an exhibit map and slides of the study area. Ms. Berndt stated that many of the property owners in the area had been actively involved in the workshop and related meetings. She noted streetscaping, transportation and the mix of land uses were three of the key issues discussed by the study group. Ms. Berndt said that the study recommended limiting the number of curb cuts along Franklin Street. She noted that the report stressed the architecture of existing buildings and how new buildings could fit into the surroundings of the area.

 

Ms. Berndt showed a conceptual site plan for the Martindale/ Williams property, noting that parking was encouraged behind buildings and smaller buildings would be located toward the rear of the site. She also noted that one access point was proposed for the collection of properties west of the fire station site on Elliott Road. Council Member Andresen inquired about the distance from the fire station entrance to Franklin Street. Ms. Berndt said she estimated the distance to be approximately five hundred feet. She also noted that the concept of a mini‑park at the fire station site had been suggested. Ms. Berndt said that the proposal included moving an existing sidewalk into a cluster of trees on the fire station site. She stated that the Planning and Design Review Boards recommended the implementation of the idea of a mini‑park. Ms. Berndt said that the East Franklin Street corridor study plan served as an important long‑range planning tool. Ms. Berndt noted that the study plan did not propose changes in existing zoning along Franklin Street. She stated that zoning changes would be evaluated in relation to the conceptualized plans.

 

Design Review Board Chairperson Bruce Ballentine said the Board had found the corridor study procedure to be an excellent communication tool between owners of undeveloped and underdeveloped tracts and the Town's planning staff. Mr. Ballentine stated that graphics depicted the overall plan and individual properties were conceptual in nature. He noted that language of the study was very flexible, serving as an extension of the design guidelines process. Mr. Ballentine offered the Design Review Board's commendation to Council Member Rimer, Planning Director Roger Waldon and Design Coordinator Dave Roesler for proposing the concept of the Franklin Street corridor study. Mr. Ballentine noted that the Design Review Board had unanimously recommended adoption of the study to the Council.

 

Planning Board Chairperson Bruce Guild said that two members of the Planning Board had participated in the East Franklin Street corridor planning workshop. Mr. Guild said that the Board preferred to reserve its recommendation on the study until comments had been received at this evening's hearing. He noted that the Planning Board would forward its recommendation to the Council by its October 14 meeting.

 

Town Manager Horton said his preliminary recommendation was for the Council to adopt the corridor study as a part of the Comprehensive Plan.

 

John Morris, representing the Martindale and Williams families property interests, said that the process had been a worthwhile and meaningful one. He noted that the invitation to share opinions openly had been very beneficial. Mr. Morris stated that in contrast to the remainder of the Triangle, the vacancy rate for office space is very low, in the range of five to seven percent. Mr. Morris stressed the need to develop the East Franklin Street corridor in a sensitive manner that would emphasize the Town's unique beauty and character. He urged the Council to adopt the East Franklin Street corridor conceptual plan.

 

Joe Hakan, representing the Chapel Hill‑Carrboro Chamber of Commerce, said the study was a good first step in enhancing the financial prospects of the area.

 

Mel Rashkis, owner of a land parcel at East Franklin Street and Couch Road, noted that Couch Road was used as a shortcut from Willow Drive. He requested that the Council delete a recommendation on page eight of the report suggesting that Couch Road be connected to Elliott Road. Mr. Rashkis said he had recently enjoyed the beautiful streetscapes in Niagara on the Lake, Ontario, Canada. He noted that property owners could work cooperatively to beautify the East Franklin Street corridor.

 

Bruce Martindale, a part owner of the Martindale/Williams property, said that area property owners had experienced disappointments in the past when attempting to develop and market their properties. He urged the Council to adopt the East Franklin Corridor study plan.

 

Pat Wright, a property owner on Velma Road, said that Velma Road had four homes with three driveways. Ms. Wright said she saw no reason for recommending the provision of pedestrian access between Velma Road and East Franklin Street. She said that no young children needed access to Velma Road and sidewalks were already provided on Elliott Road. Ms. Wright also noted that terrain in the area was not level.

 

                        No other persons indicated a desire to speak.

 

                        Mayor Howes said the study process had been a constructive way for Town staff to work with property owners in the area.

 

Council Member Andresen requested that the staff examine strategies providing more pedestrian facilities in the area to encourage greater pedestrian uses. Council Member Andresen noted that she favored pedestrian trails in principle. She also suggested that architectural diversity was needed in the area to achieve a pleasing visual effect. Council Member Andresen said she thought that stubouts for streets were a good idea since access onto Franklin Street would be difficult. Council Member Andresen said she would like to see a variety of uses in the area, including retail.

 

Council Member Rimer requested that the staff research past discussions and history concerning plans for Couch Road. Council Member Rimer said it was his recollection that there had been a great deal of discussion on this matter in the past. He noted that there had been a fairly strong outcry not to connect Couch Road to Elliott Road.

 

Noting that the Comprehensive Plan contained language encouraging use of solar design features, Council Member Brown inquired whether it would be possible to include similar language in the East Franklin Street study recommendations. Ms. Berndt said yes.

 

Council Member Preston said she liked the study approach very much. She noted that the East Franklin Street area could become a real mixed‑use area in the future, including residential, office, restaurant and related uses. She stated that human and pedestrian scales of the proposed plan were excellent. Council Member Preston also stressed the need for provision of an effective means for pedestrians to cross East Franklin Street along the corridor. Council Member Preston said she respectfully disagreed with Mr. Rashkis' observation that Elliott Road and Couch Lane should not be connected. She noted that more linkages of this type were needed throughout the Town. Council Member Preston also said she favored the provision of limited access along the corridor on East Franklin Street.

 

COUNCIL MEMBER WILKERSON MOVED, SECONDED BY COUNCIL MEMBER ANDRESEN, TO RECESS THE HEARING TO OCTOBER 14 AND REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

                                                                                                            Item 4 The Pavilion Special Use Permit Modification

 

Persons wishing to testify in the matter were sworn.

 

Planning Director Roger Waldon said that the applicant was requesting an extension of the construction time limit for The Pavilion. Mr. Waldon said that Council approval of the request was required since the Development Ordinance contained limits concerning the extent of administratively approved extensions. He noted that there was no substantive change from the original proposal.

 

Joe Hakan, representing the applicant, requested that the Council grant the extension request.

 

Planning Board Chairperson Bruce Guild said that the extension request was a reasonable one and that approval had been recommended by a vote of 5‑1.

 

Town Manager Horton said his preliminary recommendation was the adoption of Resolution A, to grant the request for extension.

 

There were no citizen comments or questions by the Council.

 

Mr. Hakan concurred with the proposed conditions of approval.

 

COUNCIL MEMBER WERNER MOVED, SECONDED BY COUNCIL MEMBER HERZENBERG, TO RECESS THE HEARING TO OCTOBER 14 AND REFER THE MATTER TO THE TOWN MANAGER. THE MOTION WAS ADOPTED UNANIMOUSLY (8‑0).

 

The hearing concluded at 10:24 p.m.