During the Wednesday, Dec. 9 Planning Board meeting, Attorney Erik Wallin was present for a public hearing on an application for a Preliminary Plan Review for a modification to the original subdivision on Plat 9, Lot 58-2 on Mohegan Trail. Wallin had previously presented the application to the Planning Board on Thursday, Sept. 17, and was asked to come back at a later date due to the proposed changes of the subdivision being a major impact to the surrounding neighborhood, and the continued discussion in seeking clarity in what a ‘building envelope’ is defined as, versus a ‘proposed dwelling’ in the declaration.
“I’m representing Rod and Alex Mitchell, [but] the owner of the property is still Bill Merkler. We found an inconsistency between the declaration with restriction and the approved subdivision plan. The declaration requires that any structure on any lot has to be built within the building envelope,” said Merkler.
In a letter sent to the Land Use office dated Tuesday, Sept. 29, Wallin wrote the following:
“This subdivision was previously approved by the Planning Board on May 12, 2018. The subject lot (as approved) shows a building envelope or proposed footprint of 75 feet by 35
