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Lot reconfiguration at former Aurora/Gotham site raises private-road maintenance and cell-tower questions
Summary
An applicant seeks to reconfigure parcels at the Aurora (now referenced as Gotham) property; reviewers discussed a 2-88 variance (allowing build without direct municipal road access), private road maintenance responsibility, and whether a T-Mobile colocation sits on the correct parcel.
Reviewers discussed a multi-part proposal to reconfigure parcels at the property previously identified as Aurora and now referred to as Gotham. The filing would create three parcels and includes a request for a 2-88 variance allowing a parcel to be served without direct access to a municipal road.
Why it matters: The reconfiguration raises practical questions about who is responsible to maintain the private access road that would serve the interior parcels. Board members said the town must ensure emergency access, identify maintenance responsibility, and consider deed notes or easements requiring upkeep.
Private-road and emergency-access concerns The board asked who would be responsible for maintaining the "blue" access road shown on maps; staff responded that absent a maintenance easement the responsibility typically rests with the served parcel owner. Members emphasized that if emergency services cannot reach buildings because the private road becomes impassable, the town should have recourse (for example, the right to repair and then lien the property). The board recommended deed-restriction language naming a responsible party and considering the town's right (but not obligation) to enter and restore access if required.
T-Mobile colocation and parcel accuracy Separately, the board discussed a T-Mobile colocation application for a cell tower on the site. Reviewers said the tower and its fall zone appeared close to the parcel edge and asked the applicant to confirm which parcel the tower occupies; one member said a survey should verify whether the tower sits entirely on the parcel represented in the application.
Other items The applicant discussed possible future building construction on one of the newly formed parcels but said no building is proposed now. Board members noted a prior landing-strip feature and upland soils, described how the new lot layout would create a front parcel with road frontage and rear parcels on black-dirt soils, and asked that any future building proposals include adequate access and code compliance.
Ending: The board asked the applicant to provide a current survey of property lines, deed-restriction or maintenance-easement language for the private road, and a parcel-specific confirmation for the T-Mobile tower before further approvals.
