Lebanon board asks legal counsel to review River Road ‘Highland Estates’ plan after resident concerns

At a long discussion item about development on River Road, town staff told the Selectboard that Highland Estates proposes four buildings with four units each (16 dwelling units) on a single parcel. Several residents had emailed the board with questions about whether the application should proceed under the town’s site‑plan ordinance or trigger full subdivision review under state law because the project would create five or more dwelling units on a single parcel within five years.

Town staff and board members cited Maine statutory thresholds and local subdivision language. One board member summarized the issue: a project that creates five or more dwelling units on one parcel can trigger state‑level subdivision review, and the project as presented (four buildings with four condominium units each) could total 16 dwelling units. Board members noted ambiguities in local definitions (dwelling vs. unit vs. building) and whether the proposed internal loop road would qualify as town‑spec road frontage. Several members said the planning board had been willing to approve the plan but agreed to ask for more time.

Action taken: the Selectboard agreed to ask the planning board to delay action and to send the project materials to MMA (Maine Municipal Association) and/or Southern Maine Planning for legal and planning interpretation. A staff member said Southern Maine Planning charges about $105 an hour and MMA legal offers free initial guidance; members preferred getting MMA input first and recommended follow‑up with legal counsel depending on MMA’s response.

Why it matters: if the development triggers subdivision review, a different set of regulations applies (lot size minima, road‑frontage requirements, survey and utility review), and the project could require larger surveyed lots, town‑approved road construction and a dual‑track application that satisfies both local site‑plan and subdivision rules. Board members raised broader planning concerns, including a lack of a comprehensive plan and whether the town should consider impact fees or a temporary moratorium on certain housing approvals.

Next steps: staff will send the plan and a focused list of questions to MMA and Southern Maine Planning, notify residents that the Selectboard has asked for more time, and route final legal interpretation to the town attorney if required. The planning board will be asked to hold off on approval until the board receives legal guidance.