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Planning Board calls for clearer enforcement and interdepartmental workshop after repeated site-plan compliance problems
Summary
Planning Board members identified multiple sites operating without full site-plan compliance, discussed using existing zoning enforcement powers (including fines) and publishing a list of noncompliant properties, and proposed a workshop with the building commissioner, planner and select board to clarify roles and timelines.
Members of the Planning Board used a lengthy portion of the meeting to discuss a recurring problem: properties and projects that have been developed, partially occupied, or altered without completing required site-plan compliance tasks and without clear enforcement follow-through.
Planning staff and board members cited several examples, including properties on Turnpike Road and other locations that show completed work inconsistent with recorded site plans or decisions. The planner said the building commissioner is the zoning-code enforcement officer and that the board has limited direct enforcement authority; she urged the board to coordinate with the enforcement officer and Select Board when fines, court action, or other steps are needed.
One board member said, "We have sites that are non-compliant and we know about it. Why can't we do something about it?" The discussion explored practical tools: monthly published lists of noncompliant properties, formal enforcement letters from planning to the zoning enforcement officer, issuance of fines under the code ($300 per day per offense as noted in transcript), and use of the permitting portal so planning staff can be triggered before a certificate of occupancy is issued.
Board members recommended organizing a workshop with the building commissioner, the town administrator and planning staff to review the town’s enforcement procedures and the expectations for site-plan compliance, including: when a TCO may be issued, the content required for as-built submissions and certifying letters from engineers, thresholds for revocation or fines, and how to prioritize older, long-standing violations versus recent noncompliance.
The planner suggested a staged approach: document and circulate a short list of priority noncompliant sites, ask the zoning enforcement officer to engage those owners formally, and convene a training/workshop to align staff expectations about notice periods, retainer requirements for peer review, and the board’s role in follow-up. A senior member recommended starting with an internal meeting with the building commissioner to clarify "rules of the road," then escalating to the Select Board if enforcement is not happening.
The board asked staff to prepare an initial list of sites, and some members volunteered to assist. The planner and board agreed to draft an outreach approach, and to propose a workshop in which planning staff would present typical decision conditions and enforcement pathways to the building department, Select Board staff, and other stakeholders.
