Planning board negotiates deal with Salt Point representatives

Mon, 02/09/2015 - 4:00pm

The Edgecomb planning board believes two revisions to the Salt Point, LLC’s subdivision application will clarify recent controversies surrounding the property. The planning board reached an agreement with Salt Point’s legal representative and consultant to make changes to the application submitted in 2010.

Salt Point, LLC’s attorney Peter Drum agreed that his client would make minor revisions to satisfy planning board’s concerns. The planning board, along with Drum and Karl Olson, who designed the subdivision, discussed whether the subdivision’s owners abided by restrictions placed on the land development.

After a 90 minute discussion and a 20 minute executive session, the two parties reached an agreement.

Drum and Olson agreed to modify the application by describing a parcel located on the property’s northwest section as a numbered lot. The subdivision originally described the lot with a farmhouse on it as exempt from the subdivision.

The second revision calls for the two lots sold in February to Majed and Elisabeth Awamleh to be merged into one lot.

“We’d like to have a discussion, and hopefully with a lot of talented legal help, reach a conclusion and avoid going to court,” said Edgecomb Planning Board Chairman Jack French.

The planning board was represented by attorney Chip Griffin. The lawyers reviewed five areas of contention, concerning the subdivision, with Olson and the planning board. After reviewing each point, both parties reached consensus on several issues.

The planning board went into executive session to review what changes Salt Point should make to clarify the subdivision’s plans.

Concerns regarding the subdivision’s legality were raised last December. The planning board approved a building permit in November for a dock requested by the Awamlehs. Both the planning board and state Department of Environment Protection Agency later questioned whether the sale created a 15th lot on the subdivision.

The Rioux family, which created the subdivision, owned three adjacent parcels not part of the subdivision. The planning board believes the sale of those lots made Salt Point, LLC, a 15-lot subdivision. The planning board had placed a restriction on selling the three-family owned lots for five years.

Olson said the Riouxs followed that provision. The family purchased the property on Dec. 31, 2008 and didn’t sell the two parcels until February 2014.

“I think this shows our clients did due diligence to check if they were performing a legal operation,” Olson said. He also produced a letter from a lawyer who stated the sale of the separate lots wouldn’t impact the subdivision.

Drum questioned why the planning board had so many concerns about a four- and a half-year-old application. He also wondered why the planning board was so concerned with the number of lots when the town ordinance didn’t restrict lot totals.

“I’m not sure what the problem here is for the planning board,” Drum said. “There may be a problem with DEP, but that is not a planning board consideration. The planning board is not an enforcement agency.”

The state Department of Environmental Protect Agency has more restrictive regulations regarding subdivisions with 15 or more lots. Drum believed the state had jurisdiction over that matter, not the Edgecomb planning board.

French agreed that planning board had no jurisdiction to enforce local ordinances. French described the board’s interest in the matter was to resolve any lingering questions before the matter ended up in court.

“The simple way to work this stuff out is to come to a resolution,” French said. “The select board would’ve simply headed to court, but we asked them to wait. We thought this could be handled simply through some additional approvals.”

Drum asked French what grounds the select board would have raised in court. French said that “there were several,” but he told the selectmen the planning board could resolve them.

Olson will make the two changes requested and submit the revisions at the next meeting. The planning board will meet next at 6:30 p.m. on Monday, Feb. 19 in the municipal building.