Zoning Board Seeks Clarification on Fresh & Fancy's Farm Deed
Board attorney recommends Fresh & Fancy Farms has county clarify the language of the farm deed regarding signage and fencing.
- Relocation of an existing greenhouse
- Construction of a new greenhouse
- Construction of a 36' x 60' barn with a greenhouse and 12 foot overhang
- Paving a portion of the property between Stockton Street and the existing house and barn
- Installation of a 12 foot high, 6' x 6' double sided sign facing River Road
The board spent a considerable amount of time discussing the 12 foot 6' x 6' double sided sign that would be facing River Road.
Board attorney, Scott Sproviero asked if the sign is a violation of the deed restrictions.
"The deed says 'no signs,'" Sproviero said. "I don't see a distinction between that and what you are asking for."
"Signs are prohibited, period," Sprovierio said, adding that in order for the board to make a determination, they have to analyze the language of the deed.
"As it stands now, we don’t have juridiction to modify or amend the deed of easement. Therefore, we have no jurisdiction over the sign," Sproviero said.
Don Low, owner of Fresh & Fancy Farms, told the board that he met with representatives from the county and he was told that they have no problem amending the deed because it was "hastily written."
Sproviero told Low that as the deed stands now, the language is getting in the way of what he wants to do. He recommended that Low have the county clarify the language regarding signs and fences, and if need be, then come back to the board.
"If what you’re asking falls within the zoning ordinance, once the language is amended you don’t have to come back to zoning board. However, with the sign size, you’d need to come back once they approve that a sign is allowable," Sproviero told Low.
Low agreed to go back to the county to have them amend the language of the farm deed so that it is clear what restrictions it contains.
Members of the public spoke out in support of Fresh & Fancy Farms' application. One resident said, "How fortunate to have two farms in one town."