Date:      May 9, 2006

To:          Town Planning Commisison Members

From:     Department of Community Development Staff

RE:          Agenda Item 6 – Conditional Use Permit Revision – Palisades Condos


The applicant is requesting a revision to the Conditional Use Permit approved by the Town Board February 28th, 2005.  The applicant is requesting that the condition requiring a fence on the southern property line be deleted.  The applicant is proposing a berm on the northern property line of the parcel to the south of the condominium development, parcel 008-0040-01, for screening instead of the fence. 


In order to accommodate Fire Department access around all the condominium buildings, there needs to be a break in the berm or fence so the Fire Department has access to the back side of the condominium building through the property to the south.


Staff is concerned that the berm is not located within the condominium development and should there be issues about the berm from condo owners it will be difficult to enforce.  The other issue that concerns staff is the gap in the berm and that there wouldn’t be any screening between the two developments in this gap.

Staff Recommendation                            

Staff recommends approval of this Conditional Use Permit Revision with the following conditions:

·         A berm easement shall be provided along the northern portion of parcel 008-0040-01, for the area of the berm, to ensure that proper screening will be in place if the property is ever sold. 

·         An attractive fence, with a gate, shall be constructed along the gap of the berm to provide screening between the two developments.