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<br />Lane, Roger <br /> <br />From: <br />Sent: <br />To: <br />Subject: <br /> <br />Gault, David <br />Monday, May 10, 2010 8:44 AM <br />Lane, Roger <br />RE: Historic Overlay District <br /> <br />Roger: <br /> <br />The ordinance appears to make a clear distinction between "Site" and "structure." I'm assuming for purposes of this <br />answer that the 66' strip in question is within the designated site. The operative language in (2) states "No site may be <br />designated which is not cataloged and no structure may be designated without the owner's written consent." Since this <br />land is cataloged on National Historic Registry and no structure is involved, it is my opinion that the board can include this <br />land in a historic overlay district over the owners objection. <br /> <br />-----Original Message----- <br />From: Lane, Roger <br />Sent: Monday, May 10, 20108:10 AM <br />To: Gault, David <br />Subject: Historic Overlay District <br /> <br />Town of Perry would like to create a Historic Overlay District per section 10.157 around the Hauge Church. <br /> <br />As per 10.157(2), no site may be designated without being cataloged and no structure may be designated without the <br />owner's written consent. <br /> <br />The area is listed on the National History Registry. <br /> <br />There is one land owner that has a 66-foot strip of land in the overlay district area that is in opposition. There are no <br />structures on his land. He has sent a letter stating his opposition. <br /> <br />Does the ZLR Committee have the authority to create the overlay district with one of the land owners being in <br />opposition? I believe this question will be asked at the ZLR meeting. <br /> <br />Please respond. <br /> <br />Roger <br /> <br />1 <br />