Planning board withholds attorney opinion on 24 Shore Drive, advises applicants to seek ZBA variance

The Greenland Planning Board on June 4 decided not to release a town attorney’s letter that interprets the town ordinance as allowing buffer relief only for vacant lots of record or for additions attached to existing structures; the board voted not to release the letter and the motion passed with no recorded opposition.

Board members said the attorney’s opinion confirms a narrow reading of the ordinance at issue in an application for 24 Shore Drive. Staff noted that earlier local enforcement had been based on a different, broader interpretation offered by a former zoning administrator. The board advised the applicant that the plan presented — which treated a detached building as eligible for the ordinance exception — does not fit the attorney’s reading and that the applicant would need to pursue relief from the Zoning Board of Adjustment (ZBA) or revise the plan to avoid the buffer.

Members discussed whether releasing the attorney’s opinion publicly would benefit applicants or encourage repeated attempts to test the ordinance; several members said the opinion is privileged to the board and unnecessary to release because it restates the board’s view. The board also agreed to consider revising the ordinance language in a work session so the rules are clearer; members said they want any revisions done well ahead of next January to avoid last-minute fixes.

The board also discussed procedural options: applicants may withdraw the current application and resubmit after seeking a variance from the ZBA, or reduce building size to avoid the buffer area. The planning board noted that if an applicant seeks a variance and succeeds at the ZBA, the applicant could then return with a cleaner filing. The board set no formal deadlines beyond the usual statutory review windows.