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Board discusses FOIL request and possible Foxfire permit noncompliance; files located after misfiling
Summary
The planning board reviewed a FOIL request from a neighbor and confirmed the Foxfire special-permit file was misfiled and has been located. A member raised concerns that Foxfire may be operating beyond the original 'small intimate events' scope noted in its permit, and the board discussed legal research and enforcement options.
Members discussed a FOIL request from Molly Holmes for the Foxfire special-permit file and confirmed staff located the previously misfiled record.
One board member raised concerns after reviewing advertisements and materials, saying Foxfire's website appears to advertise larger events (140 guests) and suggested the venue may "not be in compliance with that resolution as approved." That member recommended the zoning enforcement official review the matter to determine whether the current activity exceeds permit conditions. The planning office representative said the office would not issue violations based solely on current activity without additional findings.
The board discussed legal options and cautioned that if the matter moves toward litigation, discussions should be limited; members agreed to research precedent and legal approaches. A letter from Supervisor Babs Mansfield was read into the record, describing staff time spent locating the file and announcing an exploration of a grant to digitize past permits to improve records access: "I am exploring a grant to digitize all past permits because no citizen should experience the frustration of not being provided official documents requested." The board signaled it would research options for enforcement or alternative remedies rather than immediately reopening the special permit.
No enforcement action was taken at the meeting; the board advised staff to assemble complete materials and pursue legal research before taking additional steps.
