Operator warns of shutdown as planning board, selectmen debate whether Moose Mountain reopening requires site-plan review

Moose Mountain Recreation operator Moose Nunn told the Tar Heel Field Planning Board the lodge reopened this spring and that the town sent a letter demanding completion of a site-plan review or face fines and cessation of restaurant/bar operations by Nov. 1. "We received a letter from the town of Brookfield threatening to fine us if we do not cease all operations of the restaurant slash bar food service by November 1," Nunn said, asking the board for clarity and relief.

The applicant argued the current use is a permitted use within the zoning and cited historical approvals, hiring ads and prior site sketches as evidence that food service and related activities have previously operated at the location. Several residents and a nearby business owner, Rob Collins of Frosty Brewery, urged cooperation and public review: Collins said a public site-plan process helps neighbors understand the plans and places clear limits on hours and operations.

Board members and counsel explained the procedural issue: the town’s site-plan review regulations (Article 5) require review when there is a change in the use of a site. As one member summarized, "site plan review is required for any change in the use of a site." Legal counsel and selectmen had interpreted the operator’s expanded offerings (outdoor seating, full service, events) as a change in use and issued the enforcement letter.

Board discussion centered on process and timing. Members advised that a minor site-plan review typically requires a simple plan showing building locations, setbacks and any proposed decks or lighting, and that applicants can request waivers for specific items. Several board members urged the applicant to submit a complete application so the board can accept it and schedule a noticed public hearing; one member noted the board can recommend an extension to the selectmen to avoid an immediate shutdown while the review proceeds.

The board agreed to hold a short meeting next Monday at 7:00 p.m. to accept the applicant’s completed submission. Members discussed recommending a 60- or 90-day window to allow the review to proceed and avoid an abrupt business closure; the board did not itself extend the selectmen’s enforcement deadline but said it would consider recommending relief once the application is formally accepted. No vote to extend the enforcement deadline was recorded at tonight’s meeting.

Next steps: the operator was advised to complete the planning checklist and submit the application; the board will convene the short meeting to formally accept that application, after which the board will schedule the required public hearing and may make a recommendation to the selectmen about deadline relief.