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Harrisburg Board of Adjustment Continues Venator Case to March 4 at 5:30 p.m.

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Summary

At a special-call meeting, the Town of Harrisburg Board of Adjustment approved a continuance for a land-use matter involving Venator after the applicant's attorney said opposing parties needed time to inspect consultant documents; staff and town representatives agreed to the request.

The Town of Harrisburg Board of Adjustment voted to continue a land-use case involving Venator to its regular meeting on March 4, with the hearing to begin at 5:30 p.m.

The continuance request came during a special-call meeting after Tom Terrell, an attorney with Fox Rothschild representing Venator, asked the board to postpone the matter so parties could review documents produced by a town consultant. "We are here tonight to request a continuance until the regular meeting on March 4 and for that hearing to begin at 05:30," Terrell said.

The request was supported by staff and by town representatives in the room. The board chair noted a procedural detail: "If the Board sets a time and a date for this meeting, then a public notice is not required. But if the Board does not set a time or a date and just grants a continuance, then public notice will be required including notifying abutting property owners," the chair said.

Terrell told the board that an opposing party identified as Fairport had not known about certain documents prepared by a consultant until last week and only obtained them the day before the special meeting. "We requested for them last week, and it was not until yesterday that we were able to obtain them. And we have not only an obligation, but a right to inspect those materials before the hearing," he said.

A board member moved to continue the case to March 4 at 5:30 p.m.; another board member seconded. The motion passed on an audible voice vote. The chair then reminded members to refrain from ex parte communications on the matter until the next meeting. The board adjourned shortly after the vote.

Because the board set a specific date and time, the chair stated that additional public notice is not required under the town's continuance procedure as explained at the meeting.