Planning Commission: July 20, 2023

Jul 20 2023

7:00 pm Fairfax Women’s Club

Fairfax Women's Club - 46 Park Road, Fairfax 94930
May 2, 2023
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Planning Commission Meeting

Public Hearing Agenda
7:00 p.m., Thursday, July 20, 2023


This meeting will be held in-person at the Fairfax Women’s Club, 46 Park Road, Fairfax, and, consistent with AB 361 during the declared order of emergency, the 7pm meeting is also being held virtually on Zoom. It will be broadcast on Channels 27 and 99, and livestreamed on or

How to participate in the meeting virtually

  • Join the Zoom webinar and use the “raise hand” feature to provide verbal public comment.
  • On Zoom: Webinar ID: 836 6532 1093 or join
  • By telephone: 1 (669) 900 6833 or 1 (346) 248-7799 and use Webinar ID above. If you receive a busy signal, call +1 (346) 248-7799 (Press *67 before dialing to hide your phone number). To speak during the public comment time press *9 and you will be added to the queue and unmuted when it is your turn to speak.

Before 3:00 pm on the day of the meeting you may e-mail written comments to the Planning Commission at Comments will be provided to the Commission prior to the meeting and will become part of the meeting record but will not be read out loud.


ROLL CALL (Commissioner Newton will participate via teleconferencing from 16 Ledge Rd. #72, Blue Hill, Maine, 04614)



The Chair shall maintain order at the meetings in accordance with Robert’s Rules of Order and the Commission has the responsibility to be a model of respectful behavior in order to encourage community participation and citizen input at Commission meetings.

The Commission and the audience are expected to refrain from using profane language and/or ridiculing the character or motive of Commission members, staff, or members of the public and to maintain the standards of tolerance and civility.


Anyone wishing to address the Commission on matters not on the agenda, but within the jurisdiction of the Commission, must do so by e-mail, in person, or via Zoom in the manner described above. Presentations will be limited to three minutes, or as otherwise established by the Commission Chair.

Conduct: All interested persons are invited to participate in public hearings. In order to give all interested persons an opportunity to be heard and to ensure the presentation of all points of view, members of the audience should: (1) Limit their presentation to three minutes: (2) Provide their comments by e-mail as described above; (3) State their view and concerns succinctly; and (4) Submit any new documents to the Planning Staff, first, directly, or via e-mail at to be entered into the record.


There are no items on the consent calendar.



1. 109 Broadway; Application # 22-22
Continued consideration of a Request for a Fence Height Variance, Design Review Permit, Tree Removal Permit and an Encroachment Permit to erect an 8-foot-tall fence along approximately 350 linear feet of the rear property line along Spruce Road and install a planting buffer within the Spruce Road right-of-way; Assessor’s Parcel No. 001-148-13; Service Commercial CS Zone; Fairfax Lumber and Hardware, applicant; San Rafael Lumber Company, owner; CEQA categorically exempt, § 15303(e).

2. 30 Park Lane; Application # 23-17
Request for a Hill Area Residential Development Permit, Design Review Permit, and Variances to construct/rebuild a 951 square foot residential structure with an 80 square foot addition (1,031 square feet total living space) and a new attached 200 square foot garage; Assessor’s Parcel No. 001-032-12; RS-6 Single-family Residential Zone; David McNutt, owner/applicant; CEQA categorically exempt, § 15303(a).
Structural Plans
Civil Plans
Architectural Plans Part 1
Architectural Plans Part 2

3. 34 Hill Avenue; Application # Application # 23-18
Request for a Conditional Use Permit, Design Review Permit, Excavation Permit, Tree Removal Permit and Minimum and Combined Side-yard Setback Variances to construct a new single-family residence; Assessor’s Parcel No. 002-214-01; RD 5.5-7 Residential Zone; John Simenic, architect/applicant; CEQA categorically exempt, 15303(a).

4. 10 Court Lane; Application # 23-19
Request for a Conditional Use Permit, Design Review Permit and Variance to remodel an existing single-family residence, reconstruct/remodel the front porch and access deck, replace the flat roof with a peaked roof, remodel approximately 388 sq. ft. to create a ½ bathroom and additional storage, reconstruct the rear yard pergola, and install a deck off the east side of the building; APN # 002-105-01; RD 5.5-7 Zone; Talia Friedman, applicant; Talia Friedman and Alec Shuldiner, owners; CEQA categorically exempt, § 15301(a).

There are no discussion items scheduled for this meeting.


5. Principal Planner will discuss proposed changes in the minute taking protocol.


6. Review and approval of minutes from the May 18, 2023, Planning Commission meeting.



There will be no Planning Director Report.


Staff reports: Staff reports, and associated materials will be available for public review on the Town website at the Saturday before the meeting.

Court Challenges: If you challenge the matter(s) described above in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or in written correspondence delivered at, or prior to the above referenced public hearing [Govt. Code section 65009(b)].

If an item is continued to a date certain, it is the responsibility of interested parties to note the new meeting date. Notices will not be sent out for items continued to a specific hearing date.

Materials related to an item on this Agenda submitted to the Planning Commission after distribution of the agenda packet are available for public inspection on the Town’s website at subject to the staff’s ability to post the documents before the meeting.

Accommodation: If you need accommodation to attend or participate in this meeting due to a disability, please contact the Town Clerk at (415) 453-1584 a minimum of 48 hours prior to the meeting.

The Final Agenda will be posted on the Friday evening before the hearing at the Fairfax Post Office, the Women’s Club and Town Hall in accordance with Government Code section 54954.2(a)(1). Items shown on this notice may be taken out of order so all interested parties should be at the meeting at 7:00 PM.

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