The most notable topic of discussion was the ongoing debate over the fence setback requirements for a property on North 17th Street. The board had previously approved a dimensional variance for the front yard fence, which was to be positioned at least 25 feet from the front property line. This decision was primarily driven by the applicant’s need to accommodate his wife’s condition. However, the approval came with conditions that sparked debate on how best to ensure compliance, particularly if the property were to change ownership.

Board members expressed concerns about how future building officials would be made aware of the stipulation that the fence must be removed if no longer necessary. The possibility of instituting a deed restriction was considered, which would require the applicant to work with an attorney to ensure the restriction was recorded at the county courthouse. This would effectively inform any future buyer of the stipulation through a title search. The practicality of monitoring compliance with such a deed restriction was questioned, as direct oversight from the town would not be possible once the property changed hands.

To address these concerns, the board agreed that the resolution should include explicit language regarding the fence’s placement, stating that it must be positioned no closer than 25 feet from the front property line. This clarity would help prevent any ambiguity or confusion about the requirements. The resolution was amended to mandate that the fence’s placement be verified within 90 days of the resolution’s adoption, rather than the originally discussed six-month timeframe, to expedite compliance and mitigate further complications.

In addition to the fence setback issue, several other applications were reviewed and resolved during the meeting. The board granted a one-year extension for application 23-03, related to a Dunkin Donuts location at 705 to 717 Boulevard, allowing the applicant additional time for minor subdivision approval due to delays associated with county and state involvement.

The board also addressed application number 2402 from Durham School Services, which sought a use variance approval along with preliminary and final site plan dimensional variances for a property on Monroe. The applicant planned to demolish certain buildings and utilize outdoor areas for storage, as well as for bus and employee parking. The board had previously reviewed this application in May and, after considering the necessary adjustments and operational conditions, approved the application with an added six-month compliance requirement.

Another application, number 24006 from North Holdings, involved modifications to existing parking bays on North 12 Street. The board reviewed past approvals and discussed compliance measures before unanimously approving the application with a six-month compliance condition.

In other business, applications 24009 and 240010, concerning properties on Boulevard and Jefferson Avenue, were dismissed without prejudice, allowing applicants to return with similar proposals in the future if desired.