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Planning board adds appeal contingency to reclamation decision; requires modified plan if buffer is changed on appeal
Summary
The Sabattus Planning Board voted to adopt a revised notice of decision and added a condition requiring applicants to submit a modified reclamation plan to the board if a pending appeal alters the required buffer width, limiting the board's obligation to buffer-width changes only.
The Sabattus Planning Board on Nov. 17 adopted a revised notice of decision for a reclamation plan and added a condition tied to a pending appeal over setback width. Staff told the board that the attorney for the opposing party had flagged a likely appeal focused on the required buffer and suggested language to ensure the town's process could accommodate any court-ordered change.
Planner read revised language the board agreed to add, saying in part: "In the event that the consent judgment is vacated or modified on appeal to modify the width of the required buffer, the applicant shall submit to the planning board for review and approval a modified reclamation plan consistent with the judgment of the court as to the width of the required buffer." The board clarified that the condition should be narrowly tied to changes in the buffer width and not to unrelated modifications to the consent judgment.
Board members debated wording to prevent the appeal from being used to reopen unrelated parts of the consent judgment. One member said the narrower language "narrows it down" and avoids forcing the board to accept other changes the court might order. Staff said they would incorporate the agreed phrasing into the final printed decision and add vote signatures before recording.
The board closed the public hearing and moved to adopt the notice of decision as modified; staff said they would circulate the final documents for signatures and recording. The motion to add the appeal-contingency condition and to adopt the modified notice of decision was put before the board and seconded; members indicated assent and the documents were prepared for signature.
Next steps: staff will finalize the printed decision with the new language, attach the vote records and signatures and, if an appeal results in a court alteration of the buffer width, the applicant must return a revised reclamation plan to the planning board for review.
