Eco Village applicants missed one of the two deadlines set in place by the Planning Board in February, setting up an uncertain future for the case in the coming months.
The Planning Board had asked Eco Village applicants to submit documents to the Zoning Board of Adjustment by March 7 for its April 4 meeting and to the Planning Board by March 14 for its April 11 meeting. According to Town Planner Danica Melone, the applicants only met the first of these deadlines.
Eco Village has been before the Planning Board since December 2020, when applicant Akhil Garland submitted a plan for a subdivision on the property and it was found that existing structures were violating town safety and code ordinances. The request for the ZBA was an application for a variance to allow existing structures to remain within the wetlands buffer on the property, structures that did not initially receive permits to be there. This application was received, Melone said.
The other request was for the applicants to submit a new site plan to the Planning Board “clearly articulating” how all proposed and existing structures will come under compliance going forward.
“So going forward with the Planning Board, because he has one but not the other, I can see it being a little bit up in the air,” said Melone.
The initial vote in February included language that the Planning Board intended to deny the Eco Village application if these deadlines were not met, but the board does not necessarily have to hold to this.
“It’s possible that they might show a little bit of lenience and say, ‘Let’s give it one more month,’” Melone said.
The Planning Board’s decision could depend on ZBA’s ruling about the wetland variance, although Melone said the likelihood of the ZBA approving the variance was low. Either way, the options include denying the application, allowing the applicants to resubmit or continuing for another month.
Melone said that she was not expecting Garland and the Eco Village applicants to only meet one of the deadlines.
“It’s kind of surprising that he missed one,” she said.
Garland stated that he was unaware of the second deadline, and added that he believed the town has been treating him unfairly by not allowing himself or other applicants to speak at Planning Board meetings.
“This is totally against the law and one of an endless number of examples of the town’s passive yet very aggressive actions,” he said. “We will do whatever we need to do to see that the town is held accountable for its illegal actions.”
At February’s Planning Board meeting, an attorney for the Eco Village applicants, Chris Swiniarski, had a similar complaint and threatened legal action.
Melone said that board has been hearing similar threats throughout the case.
“It’s something that’s been happening back and forth,” she said. “We do expect at some point in this process, particularly if we deny the application, that they will try to sue us. It’s going to be an interesting meeting.”