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Neighbors press planning board over Torromeo excavation; town law limits local control where activity predates state cutoff
Summary
Residents raised new concerns over excavation and tree removal at the Torromeo property; the board noted state law limits local zoning control for excavations lawfully begun before an August 1979 statutory cutoff and encouraged neighbors to document distances and consult staff.
Town residents and board members returned to an ongoing dispute about excavation and tree removal at the Torromeo property during the April 15 meeting. Abutters reported continued clearing and said buffers required by the town’s excavation and buffer rules had not been restored.
What the board said: Planning staff reviewed the statutory framework and town ordinance language cited in the meeting. Under state statute and existing town interpretation, excavations lawfully existing before August 24, 1979 receive a narrow exemption from local zoning; the board observed that Torromeo’s first local permit dates to 1975 and that, under the current statute, much of the activity can be lawful so long as it remains within the limits of the earlier permit. That statutory exemption constrains the town’s ability to require post‑1979 zoning compliance in some circumstances.
Residents’ concerns and procedural next steps: Neighbors said trees in the 50‑foot and 150‑foot buffer zones adjacent to homes had been removed and that blasting and excavation activities were audible to adjacent properties. The board noted neighbors may document distances and imagery; staff said inspections or enforcement referrals will proceed where the town has clear jurisdiction. The board also said it will follow up with code enforcement and the select board as necessary and that members of the public had organized a neighborhood review on Saturday to document conditions.
Why it matters: The dispute illustrates the limits of local control when a site has a long, permitted excavation history and shows the interplay between state excavation laws and local buffer/landscape rules. The board recommended residents provide measurements and documentation to staff so the town can determine whether current activity exceeds permitted limits or triggers enforcement obligations.
Ending: Planning staff will coordinate field measurements and follow up with code enforcement and state agencies where activity falls under state excavation statutes; the board reminded residents that statutory exemptions for pre‑1979 operations can reduce local zoning options in such cases.
