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Old 03-30-2019, 06:36 PM   #28
jeffk
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Quote:
Originally Posted by DickR View Post
... But if the town and state, collectively, permitted one thing and the owner went beyond that and built, say, a "party room" with bathroom, kitchen, etc, then the state has a rightful beef to resolve. ...
This will indeed be interesting to follow.
The thing is, the town set height restrictions but the owner seems to have stayed within those. The town seems NOT to be complaining. The wetland bureau seems NOT to be complaining. DES is complaining but seems NOT to have called out restrictions in their original approval?

In summary, the owner seems to have abided by restrictions indicated in the approval process.

If height was an issue, why didn't DES ask about the owner's plans beforehand or call out the appropriate limits? This is the PURPOSE of an approval process, to guide the owner into proper development BEFORE they sink money and time into something. It is the job of the review agencies to do this work properly, not wait until a citizen has to point out something they should have checked out BEFORE construction started.

Again I note, these types of issues keep coming up. It seems the review process is insufficient and flawed. Then the agencies want to play catch up at the owner's expense.

If an owner's plans are given a through review and they are presented with a concise approval document and THEN they color outside the lines, they should be responsible for costs to come into compliance.
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