Municipal Page

The public hearing was called to order at 7:05 p.m. by Chairman Stuart Smith. Board members present were Dave Boucher, Bruce Cameron, and Stuart Smith and Alternates Katharine Braid and Lisa McSwain. Selectmen Jo Cameron and Frank Perkins were present as well as six members of the public/press.

Stuart Smith read the proposed amendment to Article V, Section 4.7 of the Land Use Ordinance which would allow subdivided lots which were under single ownership at the time of subdivision approval to retain their original boundaries for five years from the date of subdivision approval. This grandfather clause had been omitted from the ordinance when lots sizes were changed. The omission was recently brought to the Board's attention by Chris Bertin whose subdivision application had been approved before the ordinance change and now had been denied a building permit because his lot lines had merged.

Alan Brewer asked how many subdivisions the amendment would cover. Stuart replied that he did not know but one applicant for subdivision approval (Chris Bertin) had been told that he would be grandfathered. Alan Brewer said that the applicant should have known that his subdivision was not grandfathered, and he should not have taken the Planning Board's word for it because there were signs in the office that said it was illegal to give legal information. Mr. Brewer said that the change was being made to satisfy only one applicant and further that there was no record that he could find to show that the subdivision was approved before the change in the ordinance.

Frank Perkins said he was uncomfortable with holding a Special Town Meeting to change an ordinance because there was not enough town representation at the public hearing and he was concerned that there would not be a significant turnout at the Special Town Meeting.

Stuart Smith explained that the omission of a grandfather clause from the ordinance was the Planning Board's mistake and the members would like to correct it.

Judy Dailey asked how many people would come to the Special Town Meeting and said people were not aware of what was happening.

Alan Brewer said he had to divide up his property to abide by the law and so should everyone else.

Jo Cameron said that if the sense of the public hearing was that there should not be a Special Town Meeting, the Selectmen would have to abide by that.

Judy Dailey said that if Alan Brewer couldn't find the information that he needed to know and if one person was upset, the matter needed to be researched better and it should not be put to a town vote at a Special Town Meeting.

Alan Brewer said that Chris Bertin should be made to live by the same rules that he (Brewer) was.

There was further discussion on the notice in the paper of the Special Town Meeting, although the Selectmen had not yet approved the meeting. Stuart Smith said that it would not be possible to give adequate notice of the Special Town Meeting in the newspaper after the Selectmen's meeting on October 17 because of the publishing schedule. He added that postcards will be sent to everyone in town notifying them of the Special Town Meeting.

Also discussed was the approval process of the Bertin subdivision application because the file could not be located. Lisa McSwain said the preliminary application was approved by the Planning Board before May 20, 2004 on which date a public hearing was held and there was no public comment. She added that the Planning Board tried to accommodate those people who wanted to put in a subdivision before the ordinance was changed. She said it was the intention of the board that a subdivision approved before the ordinance change would be grandfathered. The reason for the ordinance amendment and vote at a Special Town Meeting was to correct the mistake of the Board.

Chris Bertin said he did not know that his subdivision was not grandfathered until he applied for and was denied a building permit. He originally planned to build one house on the land, but it was so expensive to put in the road and power that he had to subdivide the property. He has a bank loan and now cannot sell a piece of his property.

Stuart Smith said that this is an issue that voters should have an opportunity to decide.