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Commission approves variance to remove specimen trees and priority forest at Elkton Road Industrial Park, staff to pursue fee‑in‑lieu or reforestation
Summary
After discussion about forest acreage and mitigation, the Planning Commission approved a variance allowing removal of seven specimen trees and 15.095 acres of priority forest for the Elkton Road Industrial Park project, contingent on addressing outstanding comments; Planning staff described options to reforest or accept a fee in lieu ($1 per square foot) and noted the town must identify replacement acreage within two years or return funds.
Jessica Campbell, landscape architect with Frederick Ward, asked the Planning Commission to approve a variance to allow removal of seven specimen trees and roughly 15.095 acres of priority forest to enable an industrial development at Elkton Road Industrial Park. Campbell said the site will still retain about 4.269 acres of priority forest, including some forested wetlands and a stream buffer.
Campbell said the developer’s Forest Stand Delineation and Forest Conservation Plan document tree condition, identify retained and removed areas, and analyze impacts to flora and fauna. "Retention of the entirety of the priority forest of this project would deprive the project of a feasible development layout that's capable of supporting the industrial use on the property," she said.
Planning Director Jeanne Minner explained the town’s mitigation options: the developer must reforest about 11.99 acres elsewhere or pay a fee in lieu. Minner said the town’s fee-in-lieu is set at $1 per square foot, which in this instance results in a fee amount described in the transcript as "over $500,000." She added that if the town accepts the fee it becomes the town’s responsibility to locate land for planting; if the town cannot find suitable land within two years it may be required to return the money and the developer must then complete reforestation or use the state fee-in-lieu fund.
Commissioner William Muller raised concerns about the town's burden to identify reforestation land and the practical risk that development could proceed while town acquisition lags. Town counsel Lisa Blackson said the town’s ordinance creates a fee-in-lieu option and that adopting a higher fee was intentional to help the town secure replacement forest land when acquisition is needed.
After addressing outstanding plan-review comments, Commissioner Edward Ginder moved to approve the variance for priority forest and specimen tree removal at Elkton Road Industrial Park, contingent on resolving all outstanding comments; the motion passed unanimously as recorded.
The approval allows project design to proceed subject to final plan adjustments, payment or site identification for mitigation, and any state or county permits required for wetlands or stream protections. The Planning Department said it has identified potential parcels for reforestation but had not completed acquisitions as of the meeting.
