Subject:
Title
Request to set a public hearing for October 26, 2026, for the appeal of decision by the Board of Architectural Review related to outdoor lighting at 226 Maple Avenue W.
Body
DATE(S) OF PRIOR COUNCIL CONSIDERATION OF THIS ISSUE:
This is the first time that the Town Council has considered this issue.
EXPLANATION AND SUMMARY:
The applicant, Bernstein Management, submitted an application to the Board of Architectural Review (BAR) for outdoor lighting at 226 Maple Avenue W. The application seeks to resolve an open zoning violation for building-mounted and pole-mounted light fixtures that were installed without prior BAR approval.
The applicant appeared before the BAR at its June 18, 2026 meeting, and the BAR deferred the application pending additional information on proposed lighting levels. The applicant returned at the BAR's September 17, 2026 meeting, and the BAR voted to deny the application.
Section 4-12 of the Town Code allows an applicant to appeal a final BAR decision to the Town Council by filing a written notice of appeal and the required fee with the Town Clerk on or before 14 days after the decision. On October 1, 2026, the applicant submitted a written notice of appeal by email to the Town Clerk's office. Section 4-12 requires the Clerk to schedule a public hearing within 30 days of filing and to publish notice at least once in a newspaper of general circulation at least seven days before the hearing.
Departmental Recommendation: Staff recommend that the Town Council set a public hearing for October 26, 2026, and direct the Town Clerk to advertise the Notice of Public Hearing in accordance with Town Code and applicable state law requirements.
Finance Recommendation: N/A
Purchasing Recommendation: N/A
Town Attorney Recommendation: The Town Code requires a prompt review by the Town Council of the appeal of a decision of the Board of Architectural Review. The Town Attorney recommends that the Town Council set a public hearing for this matter for Monday, October 26, 2026.
Town Manager's Recommendation: I recommend the Town Council set a public hearing for October 26, 2025 regarding the appeal of decision by the Board of Architectural Review related to outdoor lighting at 226 Maple Avenue W, as presented.
Decision Needed by This date: October 5, 2026
PROPOSED/SUGGESTED MOTION
Recommended Action
"I move to set a public hearing for October 26, 2026 regarding the appeal of decision by the Board of Architectural Review related to outdoor lighting at 226 Maple Avenue W. I further move that the Town Clerk advertise a Notice of Public Hearing."
Or
Other action deemed necessary by Council.