EDGECOMB PLANNING BOARD
MINUTES,
1. Call to Order
Chairman David Boucher called the meeting to order at
2. Roll Call
Members present were David Boucher, Vice Chairman Katharine Braid, Bruce Cameron, and Barry Hathorne and alternate Jack French. Jarryl Larson was absent and Jack French was appointed to act in her place.
Gretchen Burleigh-Johnson of
David Boucher said that the Planning Board was waiting for the new comprehensive plan; the Planning Board can only propose changes to limit development based on the plan.
4. Consideration
of
Barry Hathorne moved to accept the minutes as written. Vote 5-0-0.
5. John Johnson -
Payment of Woodard and Curran bill to Joe Bettey
Selectmen John Johnson, Stuart Smith and Jack Sarmanian were
present. Stuart Smith said the selectmen
had received written notice from Roger Bintliff that Edgecomb Development, LLC,
has revoked the right, title and interest via the P&S agreement between
Edgecomb Development, LLC, and JKB Properties and that Edgecomb Development,
LLC has no intention of continuing any of the projects
proposed by JKB Properties, LLC. The
land is removed for consideration. Smith asked that the approval
of the application of JKB Properties for an assisted living facility be vacated
by the planning board because JKB Properties no longer has right, title
and interest in the site, and the selectmen have withdrawn their approval for
sewer and water. Bills in the amount of $6,000 for third-party reviews, for which
JKB is responsible, have not been paid; the selectmen have approved payment by
the Town of
Katharine Braid noted that the planning board had received the email referred to above from Roger Bintliff informing the board that the applicant has no right, title and interest in the land, and, in addition, the applicant has not fulfilled the conditions of the application approval. However, she added, the board has no authority to vacate the approval. With regard to the $6,000 in bills owed by Mr. Bettey (JKB), she said the ordinance was amended in May to require applicants to pay up front for third-party reviews or other consultants if they are required.
Stuart Smith said that the Town agreed to approve water and sewer crossing Route 1 if Roger Bintliff (Edgecomb Development, LLC) discontinued his agreement with Bettey.
Regardless of Katharine Braid’s statement regarding the
board’s authority, there was a lengthy discussion relative to the planning
board’s withdrawing the approval of the application so that the applicant could
not in the future fulfill the conditions of the approval and proceed with the
development. The application was conditionally approved on
The advantages and disadvantages of suing Mr. Bettey for the $6,000 were discussed including the cost, which might turn out to be more than the amount being sued for, and the possibility of Mr. Bettey taking some action as a result of the suit to fulfill the conditions of the approval.
Katharine Braid said there were two basic issues: the conditional approval and the outstanding
accounts. The latter was a matter for
selectmen action. She drafted a
statement to be presented at the next meeting on the
planning board’s position in this matter.
She said she would like a letter from Edgecomb Development, LLC, to the
planning board indicating it has withdrawn its offer to backstop financially
JKB, LLC and she read a draft of an email to be sent
to Roger Bintliff, requesting this letter with specific assurances. She requested a copy of the notice of
withdrawal of permission for water and sewer from the selectmen to JKB,
LLC. She asked that conditional approval
of the site plan review application of
6. Kimberly
Hilgendorf, Smarty Marty - Site Plan Review for toy store
Applicant was not present.
7. Other Business
Ben Ellinwood, Ellinwood Foundations, said he was interested in buying property near Skip Cahill’s on Route 1 with access through Cahill’s property via a right of way. There is a mobile home on the site which he plans to rent. The lot has 100 feet of frontage. Katharine Braid advised Mr. Ellinwood that the planning board had no authority over road cuts or use of access to Route 1; that is the jurisdiction of the MDOT, which will require information on traffic if the lot is to be used for commercial purposes. David Boucher said the lot with less than the required 200 feet of frontage was probably grandfathered. Ellinwood said he has spoken to Philip Sewall about the right of way. Katharine Braid said that the board could not grant site plan approval for a commercial use unless it had evidence that he had access approved by the DOT, and in any event the board could not give a ruling without an application.
8. Adjournment
Bruce Cameron moved to adjourn at