Planning board deadlocks on rezoning request for 309 Pollock Street

The Planning Board on Nov. 25 failed to recommend approval of a rezoning request for 309 Pollock Street after a 2–2 tie vote, sending the matter to the Board of Commissioners for final action.

Planning staff (Kyle) told the board the request—Case 26‑15—would change the parcel’s zoning from R‑8 to TCA (townhome condominium and apartment). "It is a request to go from an R 8 zoning to a TCA townhome condominium and apartment," Kyle said during his presentation, noting the lot is vacant, measures roughly 0.25 acre and has a measured frontage of 55.28 feet, which makes it an existing nonconforming lot.

Several board members centered their questions on whether the applicant would combine the subject lot with the adjacent Lot 311. The applicant’s representative confirmed the applicant "just closed on 311, not 309," and said combining the parcels would bring frontage above the minimum and ease development access and buffering.

Board members expressed differing views on precedent and legal permissibility. "309 is undersized for the zone that we're gonna put it in," said board member Vic Fasilino, raising concern that approving one undersized lot could invite similar requests elsewhere. Town legal counsel told the board converting one nonconforming status to another is generally allowable and that rezoning approvals are rarely subject to legally enforceable conditions.

A motion to recommend approval was moved and seconded. The board recorded a 2–2 tie and the motion failed for lack of a majority; staff said the tie and discussion will be included in the record and the proposal will be forwarded to the Board of Commissioners for their public hearing and decision.