[RP TownTalk] Patriot Group "Condominiums"

[Roland Walker]

[rob oppenheim writes]
>  Again, I will vote no to 5-story buildings. I hope that the council
>  will turn this down. But if it passes, I expect to see it challenged
>  by a referendum.

I'm afraid you misunderstand the charter.  A referendum would not be
legally possible.  Article 2, section 211 provides for challenging a
town *ordinance*.  The upcoming vote will not concern an ordinance.

All zoning power is really held by the county, not the town.  Even
MUTC, a zone in which the county has granted us some power, there are
strict limits on what we can do.  For instance, it was never within
the power of the MUTC committee to grant a variance for a 5 story
building.  They can grant some variances, but rights over other
variances are still held by the county in full.  On those issues, the
MUTC board is reduced to a consultative role.

Now the Patriot Group is applying directly to the county for
variances.  The county will ask for the town's advice, and the Town
Council will pass a resolution formalizing its advice to the county.
That advisory resolution is not an ordinance, and cannot be challenged
by a referendum.

A simplistic definition of an ordinance would be "something which adds
a page to the book of the laws of the town".

The resolution that we pass about the Patriot Group project is more
like a very formal letter to the county.

R