The Chesterton Plan
Commission voted 6-0 Thursday to lift a stop-work order pertaining to one
property formerly owned by Don Meyers Construction Co. in the Villages of
Sand Creek so that the new owners can build there.
The Commission met
last night for what they thought would be a quick, five minute meeting to
put signatures on the Easton Park development secondary plat after a few
minor changes were made, but the meeting turned out to be over an hour long
when property owner Michelle Glinski told the board during public comment
that she was informed by her title company that her two lots on Lost Tree
Drive have a stop-work order on them.
Glinski said her
title had been acquired prior to knowing about the stop-work order issued by
the Town in May 2012. She and her husband bought the property in December
2013 and contemplated selling the land but now wish to build there.
The stop-work order
was placed on new homes in Phases 4 and 5 in default for not building a
walking trail that was required in lieu of sidewalks, Commission Attorney
Chuck Parkinson said.
Planner Fred
Thompson said the order was filed in hopes that Meyers wouldn’t sell any
more lots, but it appears “one snuck through.”
In attendance were
members from the homeowners association, Nicole Cherep and Nancy Simko who
said the HOA has spent money on legal fees against Meyers who isn’t
maintaining the handful of lots he owns, at one of which a tree has fallen
onto a house. They said Meyers owes the HOA at least $9,000, but he has been
unresponsive.
The properties
however have never gone to a tax sale, they said.
The planners
discussed if the planned unit development ordinance (PUD) could be changed
since there is an issue over the walking paths and the walking bridge, which
were to give the development some green space. Cherep said the HOA does not
have the funds on-hand to put in the bridge.
Parkinson said that
it would be up to the developer or the property owner to petition a change
to the PUD, but advised that the plan commission talk with the homeowner’s
association on a solution.
The planners asked
for the HOA to “be in touch” and come back at a future meeting.
The motion to lift
the stop-work order was accepted for Glinski’s property only, as they feel a
case-by-case approach is the most appropriate.
Making the motion,
planner Emerson DeLaney said the commission sends the signal of “shame on
you to Meyers for what he did” and also to the title company for failing to
notice the order.
“The (owners) want
to enjoy this area. They want to come here because we’ve got a great school
system. That’s the reason I decided to move here 17 years ago,” DeLaney
said.