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Residents, board question whether filing is cluster development or subdivision and how frontage rules apply
Summary
Speakers and board members said the application notice uses the term 'cluster development' but the applicant described separate single-family lots; the board said frontage rules and a missing variance raise procedural questions that require counsel review.
Several commenters said the notice labeled the filing as a cluster development while the applicant described building separate single-family homes, leaving neighbors and board members uncertain which review path and frontage rules apply.
A resident asked, "So the term answer why this is listed as a cluster development on this announcement yet. It's not being described that way by the applicant," and noted town rules that treat cluster developments and subdivisions differently for acreage and frontage calculations. Board members agreed that the application as filed appears to be for cluster development but that the details raised the possibility of a variance or actual subdivision filing; the application did not include a variance request.
Because the application lacks a variance and appears inconsistent on its face with standard subdivision rules, the board said legal counsel should review whether the board can act on the special-exemption request or whether the applicant must pursue a different process and consequent renotification of neighbors. The board placed those procedural and frontage questions at the center of the items it expects counsel to address before the September hearing.
