To the Editor:
In reference to the page 1 article of September 12 by Town Times reporter Kaley Chamberlain titled “Thomaston Planning and Zoning Signage Exception, Special Permit Topics,” the Planning and Zoning Commission should be aware that they do not have the authority to grant a “signage exception” or to allow waivers to the zoning regulations.
The power and duty to consider a variance from the zoning regulations lies solely with the Zoning Board of Appeals.
The Planning and Zoning Commission has usurped its authority by opening a public hearing on the matter, and considering such request (Mackenzie v. Planning and Zoning Commission Town of Monroe).
Mr. Rahman should apply for a variance from Article 8 of the Thomaston Zoning Regulations, Revised to July 1, 2016, which prohibits signs from being located on a roof or projecting above the top wall of any structure.
The Planning and Zoning Commission should be advised not to consider the request, and to ask Mr. Rahman to appropriately apply to the Zoning Board of Appeals for a variance from the regulations and present his hardship as to why he should be allowed to place signs on the roof.
Procedural error is one of the most common causes of legal action, and cause for overturning a decision by a land use board or commission.
Land use law and regulation is a continuously changing challenge; adhering to legal protocol lays the foundation for a commission to stand on.
Clifford Brammer, III