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Chair says Spencer Place lacks adequate emergency access; applicant withdraws Form A
Summary
The West Stockbridge Planning Board declined to endorse a Form A for Spencer Place over concerns the way cannot provide year-round emergency vehicle access; the applicant withdrew the submission and the board entered an abutter's objections into the record.
The West Stockbridge Planning Board declined to endorse a Form A plan for a parcel on Spencer Place on Jan. 5, citing safety and maintenance concerns about the access road, and the applicant withdrew the submission.
The chair said the board found conflicting evidence about Spencer Place's status: a 2005 Town Clerk letter states the way was seasonally maintained, but a Dec. 2, 2025 email from Curt Wilton, the town's director of public works, says the road is not currently regularly maintained. The chair said the board's legal test is whether the way is "sufficient" to allow emergency vehicle access year-round, noting the Fire Chief's letter identified needed improvements to the road base, width and tree trimming.
"Based on the Fire Chief's letter and the letter from DPW Director Curt Wilton, I do not believe the way meets the test of sufficiency," the chair said during the meeting. Board members who visited the site on Jan. 3 reported the road was not plowed.
Bryan Siter, the engineer representing the applicant (Foresight Land Services), said he understood from his meeting with the Fire Chief that the way "would be adequate for fire emergencies," but acknowledged the chief mentioned trees could be trimmed. Siter said his client intends to use and enjoy the property and argued the 2005 clerk's letter and prior precedent supported the plan; the chair asked whether he had a current DPW letter confirming regular plowing, which Siter did not provide.
Board members pressed for technical evidence. "An engineer would need to inspect and test the road base," Andrew Fudge said; he and Chris Tonini noted that coring would be required to determine whether the road could support fire and rescue equipment. Tonini, describing his experience as a firefighter, said he feared a truck could get stuck and urged the applicant to withdraw and resubmit after improvements.
The chair advised that the board cannot refuse endorsement outright but must endorse a Form A with accurate information. She said the endorsement could include a notation that Parcel 2 is not a building lot if the way is insufficient. Siter said such a notation would devalue the parcel. Following the exchange, Siter officially withdrew the Form A application.
Attorney Mitchell I. Greenwald, representing abutters, confirmed by email that he had submitted objections to the board; the chair said the email (Attachment D) would be entered into the record. Greenwald's written objections argued the division does not qualify for Form A exceptions under the Subdivision Control Law and questioned whether the applicant has a right to use portions of the non-public road owned by abutters.
The planning board took no vote to approve the Form A and recorded the withdrawal; Ryan Beattie had recused himself from this agenda item because he is an abutter. The meeting continued with separate agenda business.
The planning board listed the DPW's Dec. 2, 2025 email and the Fire Chief's Dec. 19, 2025 letter among the materials referenced by the board. No timeline or permit to require on-site improvements was adopted at the meeting.
