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Rutland planning commission to ask select board to meet with town attorney on subdivision ordinance and possible unified development bylaw
Summary
The Town of Rutland Planning Commission will ask the select board to meet with town attorney Kevin Brown after Brown advised the current subdivision ordinance includes unenforceable provisions that stray into zoning.
The Town of Rutland Planning Commission on May 29 agreed to present the town attorney’s written advice to the select board and to request a meeting that includes the attorney, Kevin Brown, to discuss the current subdivision ordinance and options going forward.
Commissioners said Brown’s letter — presented to the commission in recent meetings — concludes the existing subdivision ordinance contains provisions that stray into zoning and that portions are unlikely to withstand judicial review. Commissioners said the finding leaves the town exposed if disputed development is litigated and that the select board should be briefed on the legal risks before the commission…
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