Planning board denies wetland permit for private basketball court, recommends no enforcement

The Planning Board voted to deny a wetland permit for a concrete recreational pad installed three years ago by an applicant identified as Mr. Davis, finding that the court is sited largely within the town-mandated 100-foot buffer from a watercourse. Mr. Davis told the board he had installed the concrete pad because it was a flat area and he believed it was the least environmentally intrusive location; he said he did not knowingly try to avoid permits and that he had spent about $4,000 on actions to date toward permitting. "I just kind of took on myself to come to you guys to make it right," he told the board.

Board members who visited the property said the pad lies largely inside the regulated buffer and that town wetland rules are strict. Several members said removing the court at this stage would be expensive and that the owner came forward voluntarily rather than waiting for enforcement. After discussion, Board member Jack moved to deny the application but recommend to the town that enforcement not be pursued; that motion was seconded and carried 4–2. The board recorded the outcome as a denial of the wetland permit with a non-binding recommendation to the town board and zoning administrator to refrain from enforcement action.

Planning staff clarified that enforcement actions are within the town's purview and that the zoning administrator (Jeff Newman) and any town enforcement officer would determine whether to pursue action. The board's recommendation does not remove the town's authority to act; it only reflects the planning board's view in this particular case.