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 9.
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