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Select Board to seek state and legal advice after planning board moves on multi‑unit project
Summary
Select Board members raised concerns that a multi‑unit development approved at the planning board level may require subdivision review; the board agreed to call state planning staff and possibly consult legal counsel to avoid costly errors.
Select Board members on June 16 said a development that has been before the planning board for up to two years may need additional legal review to determine whether it qualifies as a subdivision and thus requires a different approval path.
Members said the planning board appeared to be processing the project as a site plan while the town’s subdivision rules (discussed in the meeting as “Title 34 41” in the transcript) may require subdivision review for projects with five or more dwelling units. Several members warned that if the wrong approval path is used, the town could face costly legal challenges and delays.
Board members agreed to seek outside advice. One member suggested contacting Ben Plan (planning counsel referenced in the packet) and the state planning board to determine whether the planning board’s approach is appropriate; another recommended following up with MMA legal or the town attorney if state guidance is inconclusive. Rick (the newly elected chair) was asked to place the calls and organize a short conference call with available Select Board members and planning staff to clarify the next steps.
Members emphasized the need to act quickly because contractors have equipment staged on the property and decisions are pending; they favored a short phone consultation (10–20 minutes) to determine whether formal legal action is required.
Next steps: Chair Rick will contact state planning staff and referenced counsel to determine whether the development must be processed as a subdivision; the board will consider retaining legal counsel if state guidance indicates questions remain.
