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Selectmen keep town attorney's opinion private as 24 Shore Drive plan faces ZBA route
Summary
The Greenland Board of Selectmen reviewed a town attorney's opinion concluding the ordinance's buffer exceptions apply only to vacant lots or attached additions; the board voted not to release the letter and advised the applicant to seek ZBA relief or resubmit a revised plan.
At a public-hearing item on 24 Shore Drive, staff summarized a town attorney's written opinion that the ordinance's exceptions apply only to a vacant lot of record or to an attached addition to an existing structure, and therefore the presented plan as currently configured does not qualify for the ordinance exception.
Staff (S4) described the attorney's letter and said it was intended as advice to the board; several members said the letter merely reaffirmed an interpretation they had been using. S4 noted an alternative approach the town previously suggested: reduce the size of the proposed building to avoid the buffer zone entirely.
Board members debated whether to publicly release the attorney's written opinion. One member raised concerns that releasing the privileged attorney opinion could produce a wave of subsequent applications testing the limits of the ordinances. Others disagreed, saying the opinion simply confirmed the board's existing view.
S1 moved "not to release this letter at this time"; the motion was seconded and passed with no opposition. The board directed staff to consult the town attorney on clarifying ordinance language in a work session so the town can finalize clearer wording by January (members discussed completing the rewrite in time for January). Staff also advised that the applicant may withdraw and resubmit a revised plan or pursue a variance at the Zoning Board of Adjustment (ZBA) if they wish to proceed with the currently sized building.
Why it matters: the decision keeps the attorney's analysis privileged to the board for now and directs staff to pursue ordinance wording revisions and clearer processes for referring planning applications to the Conservation Commission and ZBA.
What happens next: staff will coordinate a work session to consider ordinance revisions, notify the Conservation Commission and the applicant of referral options, and await any applicant action (withdrawal, resubmission or ZBA application).
