CHINA

July 29, 2010

Planning Board denies permit to machine shop

BY MARY GROW, Correspondent

CHINA -- Planning Board members inspected Dewey "Robbie" Baker's machine shop Tuesday on Industrial Drive, but did not approve a permit for it.

Baker applied in May for an after-the-fact permit for the shop, which he says is mostly a hobby, not his business. The board held a public hearing June 22.

Board members Tuesday directed Code Enforcement Officer Scott Pierz to draft findings of fact to serve as a basis for a decision, perhaps for their Aug. 10 meeting.

Baker; his representative, Kyle Pierce; and several neighbors were present at the site and, later, at the Town Office, for discussion.

Clifford Goodall, an attorney representing neighbor James West, objected that his client allegedly was denied his right to speak at the June 22 hearing. West told the board he "absolutely" had information to submit, in addition to written testimony he filed before and after the hearing.

Board members nonetheless voted unanimously not to reopen the hearing.

Scott Rollins disagreed with Goodall: West had the opportunity to speak but chose to withdraw from the hearing, he said.

At the June 22 hearing, West, who owns China Lake Auto across Lakeview Drive from the Industrial Drive entrance, started to testify. Before he finished his first sentence, about bringing truck traffic to town officials' attention for many years, acting board Chairman Milton Dudley interrupted. Dudley said the history of truck traffic was not relevant to the application.

West then gathered his papers and left the room. No one else offered to testify.

Tuesday evening, Rollins was ready to allow West to speak, on the ground that a few minutes' talk might deter an appeal of the board's final decision, assuming the decision is in Baker's favor.

Other board members feared setting a precedent for endless discussion and pointed out that West had submitted written information.

In other business Tuesday evening:

* Board members unanimously approved permits for Erskine Academy in South China to repave sections of the parking lot and build a third tennis court.

* They advised Caroline Rideout she should apply for a permit to operate her towing business from her home at 88 Parmenter Hill Road.

* They continued discussion with Thad Barber about adding a FedEx pickup station at Tobey's Market on Route 3.

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