Zoning administrator urges Newbury to consider opting into Act 181 'Tier 1B'

Dennis Marquise, Newbury's Zoning Administrator, told the Planning Commission on Feb. 19 that he recommends the town opt into Tier 1B under state Act 181, even as he warned that some of the rule’s nuances remain unclear. He said most small operators already face deterrents under Act 250 and that "permits for access, waste water, and wetlands would be required, as they are now."

Commissioner Andrew Lee said one incentive to opt in is "greater access to grant funding," while Commissioner Dustin Putnam and Mr. Marquise both suggested that the high cost of construction makes a sudden uptick in permit applications unlikely. Planning Commission member Evangeline James asked to postpone a formal recommendation to allow more research on potential liability for legal fees; Tony O’Meara cautioned the deadline to decide on Tier 1B is "imminent."

The discussion did not produce a formal vote or recorded motion. The commission identified trade‑offs — including new driveway regulations flagged elsewhere in the meeting — and left a recommendation to be finalized at a later meeting after additional review and input.