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Planning Board outlines limits for retroactive subdivision approvals; septic and state requirements cannot be waived
Summary
Following Selectboard complaints about unpermitted construction, the board discussed requirements and limits for retroactive subdivision approvals, noting state-required elements (for example, septic) cannot be waived and applicants must submit a full application.
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The Planning Board discussed how to address situations where construction or subdivision activity occurred without prior approval. Members described a process in which applicants seeking retroactive approvals would be required to submit a full subdivision application and the board would identify which regulatory requirements could be reasonably satisfied in retrospect.
Board members emphasized there are state-required elements that the board cannot waive, citing septic systems as an example. The minutes state the Planning Board approves applications while the Selectboard enforces regulations; complaints about unapproved subdivisions had prompted this review. The board discussed criteria for what might be waived, but noted many items are mandated by state law and cannot be omitted.
No formal retroactive waivers or decisions were made at the work session; the board agreed on the need to clarify which subdivision requirements are non-waivable and to develop a predictable process for applicants seeking retroactive review.
