Until Wiscasset produces a legal opinion on who owns a road, the planning board is seeing no way to alter Point East lots so the town can sell tax-acquired property to Peregrine Turbine Technologies. ”We’re in a conundrum here,” Board Chairman Ray Soule said Monday night.

He and member Karl Olson said it looked to them like Mason Station LLC, owner of the former power plant, owns the road. “But I’m not an attorney, and I didn’t stay at a Red Roof Inn last night,” Olson said. If Mason Station owns it, any easement would need to come from the company, not the town, members said.

Presenting the subdivision change the town requested, land surveyor Steve McConnell of McConnell and Associates in Wiscasset said he, also, was unsure who owns the road. The firm’s notes included with the proposal state in part: “A legal opinion is needed as to current ownership of the subdivision roads and common areas.”

The board directed Town Planner Ben Averill to consult with town counsel. Members expressed hope the opinion will come quickly.

Averill said he would make the call. The town considered doing the legal research earlier, but decided against spending the money unless the board had questions, he told members. Asked after the meeting if he felt the board did the right thing based on the information it had, he said he did.

Averill explained to reporters, the town has sought to take land from parts of two lots to make a new one where a brick warehouse sits. Peregrine’s April 18 site plan review application proposes renovating the building to assemble and test the turbine for a turbine-powered generator.

“The building straddles both lots, so what we’re essentially doing is trying to create a lot around the building,” Averill said.

The agenda also listed a pre-application review of Peregrine’s proposal. However, members said the road issue needs sorting out first. Member Deb Pooler apologized to Peregrine representatives on the board’s behalf and said she hoped the situation will not deter the company from doing what it has planned.

Soule said he liked Peregrine’s plan and thought it would work there.

Reached later Monday night, the town’s real estate agent on the property, Sherri Dunbar of Tim Dunham Realty, said she expects the purchase-and-sale agreement will be extended.

Responding Tuesday to an email request for comment, Peregrine owner David Stapp wrote: “This new development is certainly a setback.  I am still optimistic and hopeful that we can resolve it and move forward.

“It will definitely have an effect on our schedule to test the engine but it is not an insurmountable challenge.  I’ve been forthright from the beginning concerning my interest in building our manufacturing capability right here in Wiscasset and that has not changed.  I appreciate the interest on the part of the planning board to work toward a solution.  Let’s see what comes of it.”

In response to a question from the board, Averill said the town has not asked Mason Station LLC if it would grant an easement.