Board asks manager to check past approvals after applicants cite prior building-official guidance

Several board members urged staff to review past building-department approvals after applicants told the panel they relied on guidance from a former building official, Robert Bitgood. Members said inconsistent handling of nonconforming corner lots across the town could create perception of unequal treatment and recommended pulling records for two beach properties previously flagged.

Member comments noted a pattern of corner-lot nonconformities in the neighborhood and questioned whether the building department had been consistent in interpreting code. One member asked whether the town might have liability for giving incorrect advice; Town Attorney Ryan Knight responded that published codes and ordinances are the controlling authorities and that the town typically would not be liable for prior informal guidance.

The board directed the chair to ask the town manager to request that building staff gather records and documentation for the two beach properties discussed at a prior meeting so the commission can determine whether additional follow-up is warranted. Board members cautioned that any retrospective review is limited: the town cannot retroactively tear down work that was permitted and completed without demonstrating a legal violation.

The board discussed internal options for ensuring consistent application of the code going forward, and building and planning staff said they will provide the requested records to the town manager. The board did not take any formal enforcement action at the meeting; the direction was to compile records and report back to the manager for potential next steps.