Better to ask forgiveness than permission, Part 1

The August 10 Town Council meeting had a number of memorable moments and quotable quotes.

But the quote that may have the most momentous importance for Charlestown residents came near the end of the meeting. And it came from Planning Commissar Ruth Platner who said “[In Charlestown zoning] any use not permitted is prohibited.” Watch the Clerkbase video for yourself.

Ms. Platner took the sweeping position that Charlestown residents may not use their land or property in any way that is not expressly permitted under the Charlestown Code of Ordinances. As she said, "Any use not permitted is prohibited. "

I have started making a list of things that Charlestown residents may wish to do on their land and property that do not appear to be expressly permitted – and therefore, according to Commissar Platner are prohibited.  [Also: see Part 2 and Part 3 of this series]

I may have missed some activities that are prohibited for lack of permission and may also have missed some nook and cranny in our Town Code that grants permission to these putative prohibited activities. Please e-mail me at progressivecharlestown@gmail.com with additions and corrections.

Not expressly permitted so therefore prohibited

• Planting a garden

NOTE: you are allowed to SELL garden produce but I did not find expressed permission to actually have a garden

• Planting a rose bush
• Pulling up weeds
• Mowing the lawn
• Not mowing the lawn
• Having a lawn

NOTE: The only section I found that permitted landscaping is in the section on developments, businesses and multi-family homes, not single-family homes

• Putting green
• Badminton net
• Tennis court
• Basketball net
• Baseball diamond
• Pitcher's mound
• Volleyball net
• Croquet set

NOTE: In addition to violating the “whatever is not permitted is forbidden principle”, many sports activities may actually be in violation of Charlestown Ordinance 162-1(h) which forbids you to: “Throw any stone, snowball or other missile object upon or at any person, vehicle, building, tree, sign or other public or private property.” If the shuttlecock or the golf, tennis, croquet, bocce, volley, ping pong, foot or baseball hits a person, car, house, tree or anything else – you’re in big trouble! $500 and up to 30 days imprisonment.

• BBQ pit
• Outdoor pizza oven
• Telescope
• Garden gnome
• Virgin Mary on the half-shell
• Lawn jockey
• Having one of those mirror globe thingies
• Whirl-a-gigs
• Mosquito zapper

I've got lots more which I'll include in Part Two. I'd also like to get your additions - or questions about whether something you have or want to have on your property is expressly permitted.

I am not a libertarian. I am not taking a knee-jerk reaction against government intrusion into people's lives. I’m a Democrat. As a Democrat, I like regulations and think they help make life better and communities more harmonious. But who but someone like Commissar Platner likes excessive, ridiculous and unenforceable regulation? That the town can tell its people that unless it gives its expressed permission, whatever it is you want to do with your own property is prohibited.

The idea that Ms. Platner would assume the town has such pervasive and intrusive authority over its people is an outrage. But it does explain a lot about why our Planning Commission has been so out of control under her leadership.

Author: Will Collette