Town solicitor says clearing may continue during appeal; abutters may seek court stay in Faith Hill Farm dispute

A resident raised concerns during public comment about tree clearing and alleged encroachment at Faith Hill Farm, where a planning board approval of a subdivision is under appeal.

Resident Denise Lopez asked whether the town could issue a cease‑and‑desist order while an appeal proceeds. The town solicitor replied that an appeal of the planning board’s approval does not automatically stay the developer’s activity. He said the appellants — the abutters challenging the approval — may petition the court for a stay, but until a stay is issued the landowner may continue certain clearing if erosion and sedimentation controls required by local and state rules are in place.

Why it matters: The exchange clarifies legal remedies and limitations for neighbors and the town when a land‑use decision is appealed. Neighbors may seek judicial relief to halt activity; the town’s enforcement role depends on whether specific conditions of approval or local code have been violated.

Details: The solicitor noted that clearing limited to land‑clearing activities that comply with sedimentation controls is generally permitted before final plan recording and building permits. The town has monitoring staff on site and said, at the time of the meeting, the work met required regulations. The solicitor encouraged appellants to consult counsel on whether to request a court‑issued stay.

Ending: Town staff said they would continue to monitor the site and respond to questions from residents; abutters were advised that seeking a court stay is a route available under the appeals process if they wish to pause land‑clearing activity pending litigation.