Select Board asks town counsel to review road obligations in High Pastures development

Chair Barbara Campbell opened discussion of Eastfield Road in the High Pastures subdivision, noting concerns about the roadway’s condition and what is required for future lot development. Building Inspector Kevin Bennett and Town Engineer Burr Phillips told the Board the paved portion of Eastfield Road had documented improvements in 2015 but that drainage problems, washouts, and grading raised questions about whether later segments were constructed to the original subdivision specifications.

Attorney Derek Lick, representing the High Pastures Homeowners Association, said the HOA considers the 2015 improvements to have satisfied the Town’s requirements and that the HOA’s responsibility is maintenance of the roadway. Attorney Chris Meier, representing Black Mountain Community Corporation, said litigation over responsibility for infrastructure remains ongoing and that the legal question has not been resolved.

Town Counsel Jason Dennis recommended the Board pause any permitting decisions until staff and counsel review the 1985 subdivision approval, the 2015 correspondence, and related documents and confer with the parties’ attorneys. The Board agreed and directed Town Counsel to conduct that review and communicate possible next steps; no permits or bonding determinations were made at the meeting.

Why it matters: the Board’s decision to refer the issue for legal review delays any construction or permitting tied to the remaining lots and could affect whether bonding or other guarantees are imposed on future development. The Town will await counsel’s findings before acting further.