The Town of Lakeville Board of Selectmen voted Jan. 7 to ask town counsel for a written memorandum analyzing whether the Zoning Board of Appeals has the legal authority to grant the variances and special permit sought for the property at 57 Long Point Road (referred to in materials as Highland Terrace).

Selectmen said they sought an objective, four‑corners legal analysis that lays out case law on both sides of the question so the ZBA can make an informed decision. The board’s motion directed town counsel to respond specifically to the petitioner’s Nov. 14 submission and to produce a memorandum that evaluates the legal merits and limits of the requested variances and special permit.

At the meeting, members stressed the narrow purpose of the request: not to advocate for one outcome but to produce a written analysis that identifies case law supporting and opposing the requested relief. The board discussed prior meetings and letters, including a letter from Mayor Tommy Hoyt advocating purchase of the island-terrace property for passive open space, and correspondence from the state Department of Environmental Protection (DEP) that staff said contains regulatory limits relevant to septic capacity and lot coverage.

Selectmen and staff raised several technical constraints: the DEP’s written comment on septic capacity (noting thresholds in gallons-per-day) and DEP limits on lot coverage, which will affect how many units the developer can credibly build without redesign. Several selectmen argued that if the ZBA grants relief the board believes it lacks legal authority to grant, and no appeal is filed within the statutory window, the relief could become effective by operation of law.

A motion to authorize town counsel to prepare the memorandum was made, seconded and approved by the board. The selectmen asked that town counsel limit the analysis to the materials submitted by the petitioner and to provide point-counterpoint case law so the ZBA receives an objective legal record in advance of its decision. The board did not attempt to direct the ZBA on the merits of the development; instead selectmen framed the request as legal guidance to assist the ZBA’s deliberations.