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Planning board rescinds its Oct. 8 site‑plan request after counsel cites state statute
Summary
After counsel concluded state statute limited local jurisdiction in the Freeman/Colby Road runway matter, the board voted to rescind its Oct. 8 request for site‑plan review concerning the Gomez family property and referred wetlands questions to the select board.
Staff (Mark) told the board counsel had determined a state statute quoted in the packet (referred to in the meeting as "6 74 16") preempts the board’s prior action on the Freeman/Colby Road matter and that the board lacks authority for the specific site‑plan requirement it had requested on Oct. 8.
Given that legal guidance, a board member moved to rescind the Oct. 8 decision asking for a site‑plan review for the Gomez family property; the motion was seconded and the board agreed to send a letter rescinding the prior request. Chair confirmed the board would turn wetlands questions over to the select board for follow-up and recordkeeping.
No formal appeal or enforcement action was taken by the planning board; staff said the matter will be handled by the select board and by town inspectors as appropriate.
