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Board asks legal counsel to review Golden Heights screening conditions after plantings fall short
Summary
Planning board members raised concerns that required evergreen screening at the Golden Heights apron has not yet met the visual screening intended in the conditions of approval; staff will consult town counsel and coordinate enforcement and final occupancy timing.
Members reviewed the Golden Heights site conditions, focusing on required landscape screening for a six-space apron and snow-storage arrangements.
John Racine, speaking to board members, said the planted shrubs intended to screen parked vehicles are currently undersized and asked what follow-up is possible. The condition language requires replacement with "evergreen vegetation" and references maintenance in HOA documents, but it does not specify an initial planting height or a strict timeline. "They're pathetic little things," Racine said, referring to the current shrubs, and urged the board to obtain a clearer enforcement path.
Building staff reported that the owner was given until mid‑July to complete landscaping work and that some items remain winter‑delayed. Board members discussed whether code enforcement can withhold final occupancy until screening is effective and whether the board has legal footing to insist on plant size or replacement. The planning board asked the select board to request legal counsel to review how the conditions can be enforced and to advise whether the town can require replacement plantings now or wait for natural growth.
The board will follow up after counsel’s advice and expects the building official and code enforcement to report back on compliance or appropriate next steps.
