Spinney’s lawyer: Expected bullying should not dictate new request’s handling

Faunce: That’s not the issue
Fri, 07/10/2020 - 8:15am

Alna planning board’s Jim Amaral and Jeff Spinney’s lawyer Kristin Collins agreed July 7: They wished the board would stop having ties. The two disagreed on whether or not to let Spinney present a proposed earthwork project that night. The board tied 2-2, then voted 3-1, Amaral dissenting, to let Spinney present. He did, and members will review the proposal July 27, when they also plan to reconsider last month’s 2-2 vote that defeated Spinney’s proposed ramp project.

In supporting Spinney’s reconsideration request, Amaral said because a packet he gave fellow members did not include two letters Collins cited, “I do feel personally that it’s important to have all the information that was presented be included in our deliberations.” The board agreed 4-0 to reconsider the June 29 vote at 6 p.m. July 27.

As for the new proposal, Spinney seeks to do work above the high water line. According to his application dated June 30, he wants to do regrading, resurfacing and stabilizing upland on his 126 Golden Ridge Road property and do roadwork Collins said will not involve reconstruction.

Former Lincoln County planner Robert Faunce advised the board to table Spinney’s proposal to allow time to study it, including how it might relate to the ramp one the board is reconsidering.

“The summer is going away,” Collins replied. “Jeff has work to do and a limited amount of time to do it. And unfortunately with the opposition being what it is, he can’t expect to do any of it without three layers of appeal and Freedom of Access requests.” She said she believed if members put off the new matter, it would be because they expect opponents to bully them.

“That’s an incorrect statement,” Faunce said. He said it was because they got the application two hours before the meeting. Spinney clarified in the meeting and an interview, that material was part of his planned presentation that night; it was not the application. He applied June 30, using the town’s form for that, he said.

As of July 9, Wiscasset Newspaper was aware of no opposition to the proposed upland work.

Collins and Spinney questioned why Faunce was taking part in that item and not those of other applicants. Selectmen wanted him there, Amaral said. Second Selectman Doug Baston confirmed it via text later: “Yes, as a technical resource to the board, in lieu of the town's attorney. We thought tonight would be perhaps relatively low key and we wouldn't need the attorney there. Trying to save a little money.”

Also July 7, the board accepted Joan Belcher’s business permit application for Nurse at the Helm Insurance, 111 Sheepscot Road; and Jeff Philbrick’s, for Philbrick Family Band, 134 Dock Road. The board set a 6 p.m. Monday, July 13 site visit at 79 Head Tide Road for Corey Lander’s proposed split rail cedar fence with posts and two split rail cedar fences with gates.