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Planning Board hears town lawyers' view that it lacks authority over Class VI road development
Summary
Board members reviewed the implications of NH RSA 674:41 for development on Class VI and private roads; town lawyers (relayed by a meeting participant) told the board it likely lacks regulatory authority and the board discussed options including an ordinance requiring 200 feet of frontage on a Class V or better road or leaving regulation to the Selectboard.
At its Dec. 18 meeting the Springfield Planning Board reviewed changes to New Hampshire RSA 674:41 and discussed how those changes affect development on Class VI and private roads.
Board members were told that the statute now allows development on Class VI and private roads provided the owner signs a liability waiver and demonstrates that the lot and structures are insurable. Steve Dzubak relayed the opinion of the town's lawyers that, under the updated statute, the Planning Board does not have authority to regulate development on Class VI roads.
The board discussed two possible responses: one would amend the Zoning Ordinance to require 200 feet of road frontage on a Class V or better road to qualify for a building permit, which would allow affected landowners to seek a variance from the Zoning Board of Adjustment; the other would be for the Selectboard to draft regulations governing Class VI roads. Members agreed to wait and monitor ongoing legal challenges to the state change before taking further local action.
No formal vote or ordinance change was made at the Dec. 18 meeting; the matter will remain under review and may reappear on a future agenda.
