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Developer to re‑notice 2 East Main site plan after zoning transcription error; Planning Board extends decision deadline

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Summary

Applicant for 2 East Main Street will re‑notice a change from mixed‑use to residential‑only after town code transcription errors were found; Planning Board continued the hearings to March 24 and extended the decision deadline to March 28 and agreed to waive two additional board fees.

The Planning Board on Feb. 24 reviewed a submission for 2 East Main Street and learned that a transcription error in the online town code had altered the downtown‑district mixed‑use rules that applied to the project. Town staff and town counsel advised the board that, because the advertised project now reflects a change in use (to residential‑only), the project should be re‑noticed to ensure the public hears the correct proposal.

Applicant Peter Bemis told the board he would re‑notice the project and again mail abutter notices and run the required legal ads; he asked the board to consider waiving additional application fees that would be triggered by the re‑noticed change. The board expressed sympathy for the applicant’s situation and members indicated they were willing to waive the additional board fees related to the re‑noticed filings; Bemis said he would cover certified‑mail and legal‑ad costs.

Planning staff reported that the transcription problems involved missing or incorrect language in the downtown district (for example, the 50% limit on residential floor area for certain two‑story buildings and the threshold for when mixed‑use triggers a special permit). Bemis said the effect of the current wording would make practical mixed‑use redevelopment infeasible for his compact downtown lot and that a residential‑only approach yields a more feasible footprint for the site.

Action: the Planning Board voted to continue the public hearings for the 2 East Main site‑plan and downtown‑district special permit to 7:10 p.m. on March 24 and voted to extend the decision deadline to March 28. The board also indicated willingness to waive permit fees associated with the re‑filing for the dimensional special‑permit aspects of the downtown district.