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Almost three hours.

That’s how long the Town Board spent on a public hearing last night dealing with the Whittaker Creek Condo proposal and whether to grant developer Knute Bysheim the Special Use Permit he needs to build condos at the end of Whittaker Point Road.

For almost three hours, Mr. Bysheim, owner of Whittaker Creek Marina testified before the board, along with neighbors who oppose the scope of his project. The 12 condos would go on less than an acre of land at the end of a street of wooded-lots and one and two story homes.

One neighbor distributed a flyer suggesting the project could become “a Poster Child for bad Development”

A chief complaint among neighbors was the size and bulk of the 4-story project at the end of their street.. One neighbor asked if, given the heavy opposition to his plan, Mr. Bysheim would consider scaling it back.

His answer: No. Mr Bysheim maintains that the Town Board should grant the Special Use Permit because in essence, he is complying with the GMO.

He is.

But just. For instance, the condos’ flat/mansard roof would stand 48.17 feet above sea level. The maximum allowed is 48.5 feet. The setbacks on the side to a neighbor’s lot would be the minimum required. And he’s able to put in 12 units on those 40,103 square feet because of the town’s 5,000/3,000 formula. (He would, for instance, need more land if he wanted to add a 13th)

Mr. Bysheim is right that the GMO allows him to do all that. (The Town Board however held off on the SUP decision until at least next week. After two hours and 45 minutes of the hearing, they continued it til November 13. Look for the GMO’s parking requirements to be a focus.)

But the long session last night underscored a sentiment in town. Most here don’t want the looming condo projects on their streets.

And as Mr. Bysheim himself said when first hearing opposition to his plan, if the residents don’t like the GMO, they should change it.

Some have been trying to.

The Town Board can take a big step toward avoiding projects of this bulk in the future by changing, as Mr. Bysheim suggested, the rules.

And the Town Board can do so this afternoon.

Because so much time and energy and effort at last night’s meeting was taken up by the Whittaker Creek Marina hearing, the town board continued their meeting til this afternoon at 5:15 at Town Hall.

And so, this afternoon is when the Town Board can vote to reduce the density. It can vote to scale back the 5,000/3,000 formula that lets 12 units go on less than an acre of land, a prospect the residents of Whittaker Point Road are facing.

It’s a prospect that other residents don’t want on their streets.

That’s why it’s important to make this change in density — section 182 — and put it in to effect immediately.

Later, at other meetings, the Town Board can get to other aspects of changing the GMO on setbacks, number of stories allowed, a ban on flat roofs even.

Changing the rules wouldn’t have an effect on Mr. Bysheim’s project. He properly got his application in under the existing rules.

But so long as the GMO allows projects of this scale and scope, there will be developers who will say, “The GMO lets me.”

Question is: does the Town Board want to let the GMO let that happen?

Here’s hoping the Town Board will do what they can do, what’s been cleared for takeoff. Changing Section 182 and the density as Commissioner Barb Venturi proposed.

Posted Wednesday November 8, 2006 by Melinda Penkava

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