The Edgecomb Planning Board ended their dispute with Salt Point LLC by approving a clarified subdivision plan that lists two tracts of land at the center of the debate as lots. The clarified plan was approved 4 to 0 with one member abstaining at the planning board meeting Thursday, Feb. 19.
The planning board met with Salt Point LLC representatives earlier in the month to discuss lingering issues about Salt Point LLC’s subdivision plan, which was approved by the planning board in August 2010. The subdivision plan included 14 numbered lots – a number just shy of the 15 lot subdivision application that would require Department of Environmental Protection review.
Planning board members expressed concern that a violation had taken place when two tracts of land owned by the Rioux family, who also own Salt Point LLC, were sold to new owners. The tracts of land were not listed as numbered lots in the subdivision plan.
Those two tracts of land are now listed as Lot A and Lot B in the clarified subdivision plan. According to the clarification plan notes, “lots A and B were never owned by Salt Point but were and remain subdivision lots for planning board jurisdictional purposes.”
According to Boothbay attorney Chip Griffin, the planning board had no obligation to notify federal or state authorities about the clarified plan with the designation of the tracts of land as lots.
Salt Point LLC’s legal representative, Damariscotta-based attorney Peter Drum, said the DEP has been notified about the clarified subdivision plan. According to Drum, there was a different interpretation by DEP officers about what the Rioux family needed to do to be compliant with state regulations.
The DEP was contacted when the subdivision plan was initially approved four years ago and stated that it did not require DEP review, Drum said. The DEP took a renewed interest in the subdivision plan due to the issues raised by the planning board.
The clarified plan now includes 14 numbered lots, three open space lots, two homestead lots, and two remaining land lots, Drum said. The Rioux family is transferring four numbered lots currently controlled by Salt Point LLC back to their personal ownership, Drum said.
Drum said the DEP agreed with the resolution and he is expecting the DEP to issue a letter stating the subdivision plan is in compliance with state regulations shortly. “At the end of the day, nothing really changed,” Drum said.
