The agenda item was a continuation of an appeal process that began two DRB meetings ago on June 19. The item was tabled until this meeting in order to accommodate the request of a site visit. Now the that the hearing is closed, a written decision will be issued within the next 45 days.
The appeal was made by Mike Nawrath, attorney for Don Dorr, on Krohn's administrative action to issue a cease and desist order on the Dorr gravel pit.
Krohn had issued the order on the grounds that they did not have a permit to continue to extract gravel from the site. The order has been appealed by Dorr, citing alleged expiration of a prior permit as grounds for them to continue excavating.
In this meeting, Nawrath produced two permits - one issued in 1989 and enacted in 1990, and one from 1992. The first permit was for a 19-lot subdivision, now known as Westview Estates. The second permit was an amendment to the first; it extended the expiration of the first permit to May of 1994.
The amendment stated that there needed to be certain work done, such as creating a road terminating at a cul-de-sac, a fire pond, and other utilities, or "the permit will not be extended."
Nawrath took that to mean that the initial permit, from 1990, will not be extended, while Krohn took that to mean that the amendment expired but the original permit did not.
Nawrath cited sections of the Manchester bylaws for his reasoning of expiration, including section 9.12 - which said that if the described work was not completed within three years, or by the date set, then the permit shall expire - and section 8.22 which dealt with subdivisions specifically.
Krohn said that regardless of whether or not the permit expired, there had been no change of use permit filed, and that according to the town listers office there was still a 19-lot subdivision permitted for residential use.
There were also residents of the Westview Estates present at the meeting, and they were given time to make comments and ask questions towards the end of the meeting.
Some residents were returning after speaking at the first meeting in June, and others were speaking up for the first time.
After a long discussion, the board closed the item.
Also on the agenda were three Design Review items. Ari Konstantinou from Manchester Pizza presented paint swatches that he is interested in putting on the former Friendly's building.
Konstantinou purchased the building in early July after the Friendly's closed.
The board approved his proposed paint colors.
After, two of the three purchasing parties of Equinox Square presented their ideas for exterior alterations and renovations to the plaza behind the former Friendly's building.
The plaza has not been officially purchased out of foreclosure by the parties, but they are currently working to close on the properties.
However, they opted to come before the board now rather than in 45 to 90 days when they are expected to close.
There was some minor discussion on some aspects of the alterations, including the appearance of some brick work. All of the issues were compromised and resolved and the board approved the proposed renovations.
Cilantro had proposed outdoor dining that had been already approved by the Town Manager to use public sidewalks. They were proposing 3, 2-top tables outside of their Main Street restaurant. The board approved the seating.