The Highlands Planning Board had several new business items to discuss on Monday night, each with a common theme.
Town planner Michael Mathis introduced an amendment to the commercial building code ordinance and noted that the change is needed to fix a loophole created by the current ordinance language.
“Essentially, what constitutes a commercial building is not well defined in the town’s building code,” Mathis said. “In order to close a loophole we need to amend the wording to require that all new commercial structures in town limits be built on permanent foundations.”
The issue arose when a mobile food service business was constructed on a trailer outside an existing business. Because the food service operation is not on a permanent foundation it was not subject to the commercial building code, and because it doesn’t have a motor it is not technically a “food truck,” which are also against town regulations.
“That business basically found two loopholes in the wording of two separate ordinances,” Mathis said. “It was built to be a permanent fixture outside an existing business. It’s not properly equipped to be mobile, so if it was ever pulled out on the road it would be ticketed.”
The second issue brought to the planning board was the use of string lighting at commercial businesses. Mathis informed the board for string lighting to be legal within the town’s ordinances it had to either be illuminating a walkway on private property, or be considered holiday lighting (allowable from Nov. 15 to Jan. 15 annually).
“I’m not sure if the use of string lighting is so prevalent that it has become an issue, but I do know we have several areas in our business district that need to be better lit,” planning board member Chris Wilkes said. “With the foot traffic we have, especially in the summer and fall, not having walkways lit is just asking for someone to trip or fall.”
Planning board member Nick McCall offered to take photos of string lighting being used in Highlands and bring the matter back to the board in May to consider whether or not string lighting should be regulated further.
The final issue brought to the board was the use of plastic sheeting on commercial structures. Mathis noted that the land use committee raised the issue of plastic sheeting being installed to effectively increase the usable space of businesses during the winter months.
“This is another issue, where language and the structure of any potential regulation is going to be very important,” Mathis said. “There are ways to use temporary plastic screening to enclose a patio or an outside dining area that look nice, but if you aren’t careful in what is allowed it may open a door for a property owner to simply wrap their patio or deck in cheap frosted plastic or black plastic from Lowes and call it good.”
Mathis offered the board four examples of businesses that have employed plastic sheeting to enclose and outdoor seating area with pictures of each.
“I feel like allowing plastic enclosures only benefits that particular business owner who is using it to increase their capacity,” McCall said. “It also seems like enclosing a patio in plastic is just a way to get around the building code. Put up some plastic walls and call it an addition, without having to be permitted.”
Mathis noted that the board could allow plastic enclosures with restrictions, such as requiring the plastic be ultra clear, or meet a certain thickness/stability requirement. The board could also allow plastic enclosures only during the winter months, when presumably the temporary walls are needed to keep customers warm.
“There are a lot of options and none of them have to be decided tonight,” Mathis said. “This is an issue the land use committee asked us to take a look at from an aesthetic perspective and also from a building code perspective.”
The board came to the consensus to visit some of the businesses that use plastic enclosures and discuss the matter further in May.