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Residents press council for transparency on Blue Heron Pond settlement; council takes no action
Summary
Two residents told the council a confidential settlement tied to 138 Blue Heron Pond Road appears to override a 6–1 BZA denial and called for public release of the agreement; Mayor Bradley De Belt said no variance has been granted and council did not approve the settlement at the meeting.
At the start of public comment on May 5, residents Maura McElveen and Brad McElvaney spoke from the same neighborhood near Blue Heron Pond Road and urged the council not to approve a confidential settlement that, they said, would allow an HVAC platform inside a required setback at 138 Blue Heron Pond Road.
McElveen said she attended the Board of Zoning Appeals (BZA) hearing, where the board denied a variance 6–1, and she questioned whether the council has authority to approve a settlement that would have the practical effect of granting a variance. “I do question what exactly your authority is to grant a settlement, the result of which is to go into the setback in my neighborhood,” she told council.
McElvaney followed with similar concerns, saying the applicant caused the setback violation and asking why mediation terms were confidential. He recommended that the town refuse to vote on any settlement until the public has had a chance to review an agreement or the parties waive confidentiality.
Mayor Bradley De Belt responded during the public comment period that the town had not granted a variance and that the proposed settlement was part of pending litigation; he said counsel and the county attorney would address legal questions when the item came up on the agenda. When the settlement item later returned to the agenda, the council entertained a motion for approval but there was no motion and no second; therefore the council took no action and the settlement was not approved.
Why this matters: commenters argued the settlement would effectively bypass the BZA process and set a local precedent on variances and spot zoning. Council members indicated the matter required a legal review before any final action and the lack of motion left the town’s next step unclear.
What was said (examples):
- Maura McElveen: “If you’re gonna change the agenda, mark it amended agenda…You seem to have encouraged somebody to now violate the setback again, unless, of course, your settlement includes giving him a variance on that too.”
- Brad McElvaney: “We’re told there’s an agreement, but we can’t see what it is because mediation is confidential…Can the town say … we’re not going to vote on this until we are given that we give the public an opportunity to look at the agreement?”
- Mayor Bradley De Belt: “The town has not granted a variance. This is a settlement of pending litigation, but counsel, the county attorney and we’ll go over kind of what the legal issues and process is when we get to that on the agenda.”
Next steps: The council did not approve the settlement at the meeting. Council and staff indicated counsel will review legal authority and procedural questions; residents requested greater transparency and public access to any future settlement documents before a vote.
