Created on Wednesday, 12 March 2008 20:30
Last Updated on Wednesday, 12 March 2008 20:30
By Kara Herlihy
The Warren DRB issued a continuance for a proposed three-lot
subdivision located on the south end of Warren village on March 5. An
appeal was filed previously regarding the upper lots of the property
that were approved by the select board.
Susan Hemmeter, of Warren, filed an appeal to environmental court
regarding the select board's approval of the upper section of property,
which was split from the lower part in the subdivision application
Hemmeter is appealing the upper part of the Newcomb property, which has
already been approved by the select board. In the appeal Hemmeter's
attorney, Paul Gillies, cites three areas of procedural inconsistencies.
First, "Whether the plat approved by the Warren DRB on September 19,
2007, was materially inconsistent with the subdivision permit issued by
the DRB on June 20, 2007."
Second is, "Whether the inconsistency between the plat and the permit
justifies the invalidation of the DRB's approval of the plat."
And finally, "Whether the meeting at which the plat was approved, held
on September 19, 2007, was properly warned, in that the warning did not
include any notice of such an act and no prior notice was supplied to
the parties at a previous meeting."
Hemmeter stated, "It is a process issue. There is a subdivision design
process clearly defined in our zoning regulations and for some reason
that process was not followed on this application."
Applicants Danforth and Elizabeth Newcomb's original application to the
DRB first considered last winter called for a total of nine lots: five
off of Fuller Hill Road, the small parcel on the east side of the road
to be deeded to abutting neighbor Charlie Snow, and two building lots
accessed from Main Street and the Newcomb's home site.
Previous DRB meetings regarding the proposed subdivision met opposition
from neighbors, specifically abutting neighbor Charlie Snow, over
driveway placement and the DRB's lack of jurisdiction over it.
Snow presented his contentions over the driveway layout to the DRB per
the select board's referral. He argued that the long, twisted driveway
would cause problems with snowplowing and snow removal as well as
vehicle access in the winter.
Prior to the select board's approval of a driveway to the lots off Main
Street, concerns from neighbors regarding the roadway's configuration
resulted in several meetings and site visits over the past few months.
Because the select board has jurisdiction over curb cuts and road
access, the Newcomb's first had to obtain a curb-cut permit, which they
were eventually granted.
The proposed subdivision now includes five lots to be accessed via
Fuller Hill Road. The upper section, approved by the select board, is
currently being appealed. The DRB will revisit the application on July