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Council narrows dark-sky ordinance to new commercial development after solicitor edits
Summary
The Foster Town Council adopted revised nuisance ordinance language focused on commercial development after solicitor edits removed most references to single-family residential properties.
The Foster Town Council at its April 24 meeting advanced a revised dark-sky/nuisance ordinance that applies to new commercial development, with solicitor revisions removing requirements for single-family residential properties.
A letter read into the record from resident Dana Bishop urged the council to extend dark-sky protections to both residential and commercial new construction, citing Foster’s rural character and the town’s comprehensive plan. Bishop’s letter recommended that building permit applications include exterior lighting plans and listed types of lighting the writer urged to prohibit or require shielding for, such as strip lighting, LED rope lighting, upward-facing landscape lighting and unshaded driveway or parking-lot lighting.
Council discussion centered on solicitor Joanna’s edits, which council members said simplified language and removed references to single-family residences. Town counsel’s changes were described at the meeting as intended to make enforcement feasible and to limit the ordinance’s regulatory reach to new commercial construction. Several council members and commenters said enforcement of lighting requirements on existing residences would be difficult and burdensome for town staff; proponents of broader coverage said future residential lighting might need separate attention and recommended education and outreach.
A motion to approve Chapter 18 sections as presented by the Planning Board (sections 18-33 through 18-39) carried by voice vote after discussion. Council members and attendees noted the ordinance is focused on new construction; the council discussed possible future outreach such as articles in the Foster Home Journal or workshops to educate residents about dark-sky friendly fixtures.
No citations to specific state statutes limited the town’s authority in this matter during the discussion; council members repeatedly framed the solicitor’s edits as intended to align the ordinance with enforceable regulatory scope and to avoid imposing retroactive requirements on existing homes.
