The town found Buckpasser LLC’s property at Gruber Lane in violation for unauthorized land clearing and filling that affected drainage, citing multiple ULDC provisions governing floodplain development and land‑alteration permits.

Town staff said an FDA application had been submitted but was not moving forward because of outstanding reviewer comments and problems with the original engineering consultant. Respondents said they retained new engineers and were working to respond to comments. The town reported outstanding comments dated Sept. 19, 2025, and noted some permitting reviews had been pending for months.

Magistrate Barnard found the respondents in violation of the cited ULDC sections and set a deadline for the FDA permit to be issued by Feb. 27, 2026 (roughly 90 days), after which a $250 per day fine would begin to accrue. The magistrate admitted both sides’ evidentiary files and reserved administrative costs, directing respondents to move their permit application forward so engineering comments could be addressed.

Next steps: respondents must obtain issuance of the FDA permit by Feb. 27, 2026, or face fines starting Feb. 28; if they cannot obtain issuance, they must appear at a fine assessment hearing in March.