By Abigail W. Adams
The Edgecomb Planning Board and representatives of Salt Point LLC pour over Salt Point’s 2010 subdivision application during the planning board’s meeting in Edgecomb Feb. 5. The sale of two tracts of land not included as lots in the subdivision plan raised concerns for the board. (Abigail Adams photo) |
In a meeting that wavered between contention and reconciliation on Feb. 6, the Edgecomb Planning Board and representatives of Salt Point LLC attempted to resolve lingering issues over Salt Point LLC’s previously approved subdivision plan.
Boothbay attorney Chip Griffin represented the Edgecomb Planning Board. Surveyor Karl Olson and Damariscotta-based attorney Peter Drum represented the Rioux family, owners of Salt Point LLC, a real estate company, and surrounding property.
In an effort to reach a resolution outside of court, the two parties discussed alleged violations of the planning board’s approved use of the property off River Road.
Over the course of two hours, the issues raised by the planning board were narrowed down to two tracts of land that were owned by the Rioux family at the time of the subdivision application’s approval in 2010, but were not included as lots in the subdivision plan.
The planning board asked Olson and Drum to submit a clarification plan that would number the two tracts of land in question as lots. Acknolwedging the property is outside of Salt Point LLC, Griffin said, the land in question is legally a part of the subdivision and should have been numbered as lots in the original plan.
Olson said he intends to submit a clarification plan clearly delineating the boundaries of the two tracts of land in question. Olson said he does not intend to give the two tracts of land lot numbers, but is considering giving them a letter designation for referencing purposes.
The clarified plan is expected to be presented to the planning board at a future meeting.
Edgecomb’s planning board approved Salt Point LLC’s 14 lot resource-based subdivision plan in August 2010 after nearly a year and half of pre-application meetings and site inspections. The Rioux family combined a portion of two separate tracts of land owned by different members of the family to form Salt Point LLC.
The remaining land surrounding Salt Point LLC’s 14 approved lots was not included in the subdivision plan. As of 2015, only one of Salt Point LLC’s 14 numbered lots have been sold, Olson and Drum said. Two parcels of land surrounding Salt Point LLC, however, were sold to new owners.
Land that was previously listed as exempt from the subdivision because it was the Rioux family home was sold to Patricia Handloss and Catherine Gately on Feb. 4, 2014. Land that was owned by Jonathan and Laurent Rioux and not included in Salt Point LLC was sold to Majed and Elisabeth Awamleh on Feb. 12, 2014.
The sale of both lots was approved by a Jensen Baird Gardner & Henry attorney who stated they could be sold with no further municipal review.
Jensen Baird Gardner & Henry is the law firm Edgecomb town attorney Bill Dale practices with. The planning board initially brought their concerns regarding Salt Point LLC to Dale at the Dec. 29, 2014 selectmen’s meeting. Dale, however, recused himself from the case due to the conflict of interest his law firm’s previous legal opinion presented.
The planning board considered the sale of two parcels of land not included as lots in the subdivision application as a violation. Planning board members expressed the concern the Rioux family was attempting to avoid the Department of Environmental Protection review procedure required for subdivision applications greater than 15 lots.
According to Drum, the Rioux family had been in touch with the DEP in 2010 and was told the subdivision plan did not meet the threshold for review. Drum noted the DEP review procedure was a separate process from the planning board, which the planning board had no jurisdiction over.
Drum and Olson questioned why, four years after the fact, the planning board was raising concerns over a plan they had previously approved. Olson said he met with the planning board over 20 times to discuss the subdivision and would like all issues related to it resolved.
According to Griffin, the planning board will be satisfied if the two tracts of land conveyed to new owners are numbered as lots. Regardless of whether the lots belong to Salt Point LLC, Griffin said, they are lots in the subdivision plan and should be numbered accordingly.
In an email, Olson said he believes the planning board asked for boundary clarifications for the two tracts of land in question. Olson said he does not intend to give them lot numbers.
