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Planning Board to seek legal opinion after staff acknowledged overly permissive site‑clearing authorization on commercial property
Summary
Town Planner Charles Wise told the board that Land Use staff authorized vegetation management at a commercial site but did not intend to permit blasting or grading; the board asked Mr. Wise to seek legal guidance before notifying commercial property owners about site‑plan approval requirements.
Town Planner Charles Wise read a staff memo at the June 10 meeting acknowledging that the Land Use Department had authorized vegetation management at a commercial property (the Morrow site at 525 Whittier Highway) but that the department’s prior authorization did not extend to blasting and other site work.
Mr. Wise told the Board that, on review, the department’s interpretation of what activities could occur prior to site‑plan approval was overly permissive. The minutes record that he confirmed the authorization covered vegetation management but not blasting or major site work. Board members expressed concern about defining ‘‘tree’’ or ‘‘vegetation’’ under the ordinance, distinguishing limited dead‑tree removal from wholesale clearing, and noted that some commercially zoned parcels may lack previously approved site plans, complicating enforcement.
Chair Scott Bartlett and the Board agreed Mr. Wise should seek a legal opinion to clarify the regulation’s scope before issuing any written notice to commercial property owners. Mr. Wise will add the legal question to the Land Use Department’s matrix for legal and regulatory review and will investigate a separate commercial parcel where clearing and grading appear to have occurred without site‑plan approval.
The Board reached consensus to defer issuing broad owner notifications until counsel has clarified the regulatory boundaries and enforcement options.
