Brentwood officials, residents question staff handling after unpermitted activity at Smith Road site

Residents and several Planning Board members challenged how unpermitted activity at 1 Smith Road was handled, saying staff-level decisions allowed materials and sales to begin before the board completed a formal site-plan review.

Abutter David Flagg told the board he observed materials placed within the 50-foot abutting-use setback and that sales and deliveries began before a site plan was approved. “What’s good for all of us ought to be good for all of us,” Flagg said, urging consistent enforcement.

Multiple board members said they were concerned about staff communications and the chain of authority. One board member said any decision to allow continued activity while an application was prepared “should be made by this board,” not by a staff agent acting alone. Planning staff and the board’s liaison said the intent was to get the site into a formal site-plan review and that the town’s select board retains authority to issue a cease-and-desist.

Select Board representation at the meeting said they would bring confirmed ongoing sales to the Select Board for possible sanctions. The Select Board’s next meeting is scheduled for Sept. 2, according to board discussion.

Why it matters: Board members said decisions made informally by staff can create legal exposure and community distrust; several urged clearer, documented processes for complaints, enforcement and board-level authorization for actions affecting property use.

Next steps: The Planning Board chair and vice chair were asked to consult with planning staff about communications and to ensure the board documents any instructions to staff. Residents were advised to file signed complaints with the appropriate enforcement office if they want formal action. The board also discussed bringing regular financial manifests and project records to meetings to improve transparency.