Appeals Board, May 20, 2009



Re:  Eggemoggin Heights vs Abutters


Appeals Board members present:  Steve Tobey, Michael Rossney, Tobey Woodward, Danny Weed and Chairman Fred Marston.

Also present:  Owner Richard Duffy, Attorneys Peter Roy, James Patterson, CEO Duane Ford, Selectman Nelson Grindal, Packet Reporter Jon Thomas and many of the appellants. Barbara Grindle, Assistant to the selectmen.

Chairman Marston opened the meeting with comments of the site walk.  There was a good group of all the board members and many citizens present.

Mr Patterson, attorney for the Town, gave memos to the board, explaining the difference between a de novo hearing vs a direct appeal.  This will be a de novo appeal.  They will get a fresh look at the material presented to the Planning Board.  The appellants are to present their evidence first.  They need to make their case in a clear, concise manner.  Mr Duffy will present the rebuttal after the appellants  have made their presentation.  

Tom McKechnie, spokesman for the appellants, opened their case by challenging the validity of the permit.  They claim that there was no public hearing, properly posted and advertised according to the ordinance, Section 6, subsection 2, paragraph 6-A, of the final plan of the subdivision.  They would like to have the Appeals Board direct the appeal back to the Planning Board for this hearing.  They would like Mr Duffy to present his subdivision plan to the Planning Board over again so they could counterpoint their problems as they are presented by him.

They do think that the Planning Board toured the property properly, but perhaps they do not realize just how wet the land is; the vernal pool issue was discussed again; one part of one of the roads into the subdivision is too close to the stream.  These just were a few of the items that they are objecting to. 

The Appeals Board could not determine if there was a valid problem with the public hearing since neither the Planning Board Chairman or the Vice Chairman were present.  After much discussion on problems and points of law, the appellants were asked to write a concise list of their complaints so they, and the Board, would have items to focus on.  Mr Marston will confer with the Town Clerk and those responsible for writing the minutes and posting the advertisements for the public hearing to see if it was done.

The meeting was adjourned at 8:55.  The next meeting will be held on Wednesday, May 27 at 6:30, at the Town Office.

                        Respectfully submitted,

                        Barbara Grindle

                        Assistant to the Selectmen