Charter wood did not achieve approval by the Town Council last week even though the majority of the council voted for it. That paradox is due to 1923 state law on protest petitions giving neighbors living close to projects a “greater influence” by requiring a supermajority vote of council for approval.
A few in town have criticized the council for not approving this project and not listening to advisory boards. An advisory board chair of several town boards in the last few years posed the question “how likely are people going to want to serve on these boards if their advice isn’t being followed?” Thanks for asking the question. Here’s at least MY answer, having voted against the project, having served as a council member for almost two terms, and having served as an advisory board member myself for two years prior to that:
Advisory board members are appointed by the council. The council members are elected officials having been chosen by thousands of citizens to make the ultimate decisions in these cases. Council highly values advisory board work and their advice, and takes that advice very seriously in weighing ALL of the evidence before us in the quasi-judicial process. Evidence includes advisory board recommendations, staff recommendations, various expert witnesses, citizens’ comments both pro and con, and our own research and ideas about the project. The council DOES listen to the advisory boards. In fact, in the last 5 years, there have been 31 SUP’s brought before the council and voted on. Out of those, 29 were APPROVED by the council, a majority of the time agreeing with advisory boards. Many of those projects are mixed use retail and a few are totally retail.
If the council was compelled to vote yes for every project that advisory boards all voted yes for, what is the point of having council review? We are doing the jobs that citizens, and yes that includes advisory board members, asked us to do. Weigh all of the evidence, and VOTE for what we think is right for the Town. Development projects that are presented to the council are not negotiations. They are not long, drawn out negotiations that should end up as approvals. The SUP process is quasi-judicial, where the burden of proof is on the developer to present a project worthy of approval according to our ordinances and comprehensive plan. The council makes that ultimate decision in their own minds, as they have a right to do.
And for those who are concerned about how this vote meshes with the new Comprehensive Plan for 2020, I say, that plan isn’t a plan yet, it is still actively being worked on. Many citizens who have been a part of this planning process were not in favor of Charterwood. Remember the old year 2000 comprehensive plan’s statement that weight should be given to protection of neighborhoods? Maybe we should be carrying perhaps a few old adages forward to the new plan.
