Board of Appeals, Wed., May 6, 2009


May 6, 2009

Appeal of the Eggemoggin Heights Subdivision

Board members present:  Chairman Fred Marston, Danny Weed, Pam Johnson, alternates Steve Tobey,  Michael Rossney and Tobey Woodward.  Absent: Tom Schroth and Phil Urban.

Also present:  Richard Duffy, Attorney Eric Columber, Attorney Jim Patterson, Jon & Jane Thomas from the Packet, T.J. McKechnie, Parker Waite, Holley Meade, Doug Jones, Barbara Brady, Planning Board Chairman Palmer Little, Planning Board Vice Chairman Victor Smith, Selectman Nelson Grindal, and Assistant to the Selectmen Barbara Grindle.

            Appeals Board member Tom Schroth recused himself by phone during the beginning of the meeting and Board member Pam Johnson recused herself because she is a member of the appellants.  Both were accepted by the Board. Mr Urban is working out of state at the present time.  The three alternates were accepted to complete the full board.

            This appeal is being brought by Pamela Johnson, T.J. McKechnie, and Jonathan and Rosalind Wood on behalf of the adjacent landowners.  There are several areas of the appeal.

         The Chairman asked the appellants to clarify and particularize the potential issues for clarification.  They have the burden of proving their appeal.  This meeting is to decide if they have grounds on which to base their appeal.  The hearing will be de novo.

The appellants made the point that they are not trying to stop the subdivision, just to get some modifications made to the plan.  Mr Duffy said that he has made every effort to address the concerns of the abutters and he doesn’t know what more he can do.

Much of the conversation concerned the vernal pool issue.  The timing is critical because the month of May is when a vernal pool is active.  An expert should be involved in a site visit at this time. The appellants will attempt to have one walk the property before the site visit.  Mr Duffy gave permission for the expert to go on the property as long as they can rebut with their own expert.    

   Michael Rossney made a motion that the board found that the abutters participated in the Planning Board hearings, that they may feel particularize damage and that there are potential reasons for a hearing.  The motion was accepted by the Board in a 5-0 vote.

A site visit is planned on Friday, May 15 at 4:30 pm.  There will be public hearings held on Wednesday, May 20 at 7:30 pm and Wednesday, May 27 at 6:30 pm.

The meeting was adjourned.

                                 Respectfully submitted,

                                 Barbara Grindle, Assistant to the Selectmen