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Tyrone’s Planning Commission Shows Lack of Knowledge/ConcernAt their March 27 Hearing, Planning members apparently did not understand an applicant’s request for amendment and how it applied to their zoning ordinances. Commissioner Mary Sturm, told the applicant that his request for land uses were already allowed under Federal law. Town Attorney Davenport had to correct Ms. Sturm by telling her that zoning was the domain of State law and not Federal law. And that Tyrone’s ordinances were most applicable. Undaunted by the egg on her face, Ms. Sturm proceeded to monopolize the applicant’s short 10 minute time limit, by telling him how to run his business. When the applicant finally got an opportunity to start explaining his application, Chairman Gordon Shenkle promptly told him that everyone understood his 47 page application and that his time limit was up. Shenkle’s decision came up on top of Valerie Fowler’s failure to provide his full application at the Commission’s March 13 Workshop which cancelled the applicant’s Hearing for lack of information. With the applicant’s due process rights squashed and violated, long time Commissioner David Nebergall showed his ignorance by making a motion to reject the applicant in totality, stating that part of the application involved rezoning notification procedures which were adequate. If Mr. Nebergall had read the application and allowed the applicant to explain, he would have known that the request applied to notification of abandonment of non-conforming land uses and not rezoning notification. Tyrone Regulation 2.1.3 allows the town to abandon a particular property owner’s land uses without notifying him, which is strictly against State and Federal law because it violates the Constitution’s 14th Amendment to Due Process. Nebergall had voted for Zoning Ordinance 454, but when questioned about it, Nebergall said he couldn’t remember what it meant, even though the Ordinance was exhibited in the application which was laying right before him. The applicant’s hearing amounted to no more than a Kangaroo court in which the principles of law and justice were disregarded and perverted. It is significant to note that Chairman Shenkle stated at the Public Forum during the 2007 Election, “The Zoning Ordinance should be seriously examined along with all Town Ordinances”. Shenkle ignored his promise. I Watch's blog | login to post comments
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