Subject:
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Request to set a public hearing for Dec. 7, 2026, for the appeal of a decision by the Board of Architectural Review related to outdoor lighting at 226 Maple Avenue W.
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DATE(S) OF PRIOR COUNCIL CONSIDERATION OF THIS ISSUE:
At the Town Council’s Oct. 5, 2026, meeting, the Council set a public hearing for this appeal to take place on Oct. 26, 2026. The applicant subsequently requested that the public hearing be delayed, which is why the item is returning to set a new public hearing date.
EXPLANATION AND SUMMARY:
The applicant, Bernstein Management, submitted an application to the Board of Architectural Review (BAR) for outdoor lighting at 226 Maple Ave., W. The application seeks to resolve an open zoning violation for having installed building-mounted and pole-mounted light fixtures 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 Sept. 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 paying the required fee with the Town Clerk on or before 14 days after the decision. On Oct. 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.
The public hearing for the appeal was originally scheduled for the Oct. 26, 2026, Town Council meeting. The business representative subsequently informed staff, on Oct. 8, 2026, that they would not be able to be present on Oct. 26. They requested in writing that the Town Council public hearing and consideration be held during a Town Council meet...
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