Appeals Board, Wed., Dec. 10, 2008

Appeals Board, December 10, 2008


The Sedgwick Appeals Board met on Wednesday, December 10, to hear a continuation of the appeal of Patten/4 Winds Trust.  Present were Appeals Board members Tom Schroth, Danny Weed, Steve Tobey, Pam Johnson and Chairman Fred Marston.  Also present were Clifford Goodall, attorney for the appellants, James Patterson, attorney for the Town of Sedgwick, Karen Dube, court reporter, Palmer Little, Planning Board Chair, Duane Ford, CEO, Tom O’Connor, Selectman, Jonathan and Jane Thomas, Weekly Packet, Phil Urban, John Allen, Eric Allen, Peter Atherton, and Assistant to the Selectmen Barbara Grindle.

            The meeting was convened at 6:35 by Chairman Marston.  Mr Goodall distributed copies of  last meeting’s minutes and handouts # 52, 53, 54, 56 to add to the notebooks, and copies of the DEP regulations regarding vernal pools.  He summarized  parts of the  Ordinance and explained how each was referenced by his presentations over the past meetings, how they had met the requirements and how each requirement would benefit the pond by being done as represented.

            The CEO responded to portions of the summarization by referring to the ‘50% rule’, meaning that if the questioned buildings are over 50% depreciated or destructed, the building is not redeemable.  Much discussion ranged over the value of the buildings, whether they were more or less 50% valued.  The Town’s assessor is to be consulted on this valuation. 

            Floodplain – The DEP (Dept. of Environmental Protection) wants all local permits given before they issue their permits.  NRPA (Natural Resources Protection) permits are needed for the soil and vernal pool areas.

            He also explained that the Appeals Board must determine if the appellate has met their obligations according to the Ordinance, not to determine if the CEO and the Planning Board made the correct decision.

            After a short break, there were discussions on vernal pools, definitions of  foundations, rebuilding vs repair, values of the buildings past and present, how far in the past, etc.  The property was purchased in June, 2003; the application was presented to the Planning Board on December 6, 2006.  Selectman O’Connor is to get figures from the Assessor.  The caretaker will either make a key available to him, or will accompany him inside the buildings so he can make a correct assessment.

            The meeting was adjourned at 10:10.  The next meeting will be at the Sedgwick Town Office at 6:30 on December 17, 2008.

                        Barbara Grindle, Assistant to the Selectmen