When Divide Means to Combine! Only in Littleton

If you have been keeping up with the issues surrounding the approval for The Grove then you want to read this.  We have been told, along with the Planning Board and the City Council, that The Grove was approved as a “use by right.”  In other words, no zoning changed was required for the project to go forward and thus no public process was required.  We were told that the applicant met all the requirements of the Subdivision Exemption (Chapter 9 of the Zoning Code).  The Subdivision Exemption has also been challenged – was it appropriately applied in this instance?  You decide.

11-9-1:  Purpose of the Subdivision Exemption Chapter states – “It is the purpose and intent of this chapter to allow the owner or purchaser of land, or agent thereof, to divide such land into not more than two (2) parcels, which meet the requirements of the governing zone district classification, without requiring a subdivision plat.  The most obvious question to ask is what large parcel was subdivided in The Grove project?  The question has been asked a number of times without any satisfactory answer – until now.

The question was finally posed to Michael Penny, our city manager.  Here’s his response.

The Grove project was a combining of parcels and did not result in a division of land into more than two lots.  Any project that requires a plat for the “re-assemblage of parcels” (see Definition of Plat in 11-1-6) would be subject to this process. 

Only recently did the council update the Subdivision Exemption Code to include the combining of parcels……………that was long after the code was violated to approve the Grove for the Subdivision Exemption.

 

 

 

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