Alton committee adopts draft wording on minimum lot area and setbacks, sends Cherry Hill-related amendment to counsel
Get AI-powered insights, summaries, and transcripts
Subscribe
Summary
Committee members revised language on minimum-lot/buildable-area calculations after litigation raised ambiguities about whether required buildable-area computations should include land within required setbacks. They approved sending Amendment 7 to planning board and town counsel for review.
The planning committee approved forwarding Amendment 7, a change to minimum-lot and buildable-area language that arose from the Cherry Hill dispute, to planning board and town counsel for review.
Members debated whether the ordinance should state explicitly that the minimum-area calculation for newly created lots include land within required setbacks. Some argued that the existing definition of "buildable area" (as a three-dimensional zone defined by setbacks and height limits) made the new wording redundant or contradictory. John Cronins suggested language (delivered by email) was discussed as a drafting option.
After discussion committee members settled on a working sentence to place in multiple sections: "All lots created after March 2007 must have a minimum area inclusive of land within the required setbacks made up of contiguous upland and slopes not greater than 25% grade of no less than 75% of the minimum lot requirement for the zone." Members said the change is intended to clarify previous practice and reduce litigation risk by making the calculation method explicit.
The committee voted to forward the amendment to planning board and to town counsel for review. Staff will return the counsels comments at the next committee meeting and prepare materials for the planned November planning-board presentation.