Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use topic
No spam. Unsubscribe anytime.
Council authorizes 40-foot town right-of-way after residents raise wetlands concerns
Summary
After a resident said state records continue to list nearby parcels as protected wetlands, the council amended and approved authorization of a town right-of-way for U30 Lot 59-03 contingent on road standards, permits, inspections and departmental memos being met.
The council approved authorizing a town right-of-way near map U30, Lot 59-03, but only after adding conditions and fielding sustained public comment about whether the land is protected wetlands. Department memos from public works, sewer and code enforcement recommended permit and inspection requirements; staff said current readily available mapping does not show wetlands but noted that wetlands designations can change and that any evidence from state agencies would be considered.
Resident Naomi Lutz told the council that when she purchased her property in 2003 the adjacent parcels were shown on town maps as protected wetlands and said state records (she cited DEP and EPA checks) still list the land as protected. “That is protected wetlands,” she said, adding she could find no paper trail explaining why town maps no longer show the designation. The council debated whether existing town and state mapping satisfied the town’s ordinances or whether the council should delay action until the DEP provided documentation.
The project proponent objected to additional delay, saying repeated tablings had already cost the project significant money. Councilors who reviewed department memoranda said site zoning and department reviews largely met ordinance standards, but several members required clear conditions. The amendment that passed requires the developer to bring the road to town road standards at the developer’s expense, comply with all permits and inspections, follow the department memos provided to council, and use licensed and bonded excavators for the work. With those conditions in place, the council authorized the right-of-way implementation.
Council members said the town’s governance is constrained to act on the evidence before it, and they directed staff to obtain any relevant DEP/State documentation if residents wish to provide it. The decision was procedural and conditional: it authorizes use of the right-of-way only if the stated requirements are satisfied.
