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Committee discusses encroachments, license process and homeowner responsibilities
Summary
Committee members and staff discussed recurring encroachment complaints — hedges, hardscaping and private parking — and described the town's current licensing and enforcement approach, including case-by-case reviews and possible termination clauses for licenses.
Committee members spent a substantial portion of the July 15 meeting discussing property encroachments into the public way — hedges, hardscaping, historic elements and parked vehicles on sidewalks — and how the town handles requests for exceptions or licenses.
Tracy, the town staff member leading the presentation on existing policy, described the current approach as case-by-case. For properties that seek formal permission, Tracy said homeowners must develop a plan and, in some cases, retain an attorney to prepare materials for presentation to the select board. In examples discussed, encroachments that interfere with utilities — including a hardscaping request that goes over a sewer line — have been treated as likely ineligible for approval.
Tracy said the town issues temporary licenses for some historical encroachments and that those licenses include automatic-termination language if the town needs the area for infrastructure work. Tracy said the town is pursuing documentation, insurance and formal licenses in specific cases where long-standing features exist and where the town agrees to permit them.
Committee members said educating property owners could reduce staff time spent investigating complaints. One committee member said she handled five encroachment matters in one day and that each required title research, plan review and follow-up before the town decided whether to send a letter to property owners. Members also discussed that private roads remain the responsibility of abutting landowners and that public-safety access concerns should be routed to the traffic-safety group.
No formal motion or vote was recorded on encroachment policy at the meeting. Committee members agreed to continue advising staff and to provide input on policy revisions when staff brings a draft for review.
