CARRABASSETT VALLEY -– Members of the board of selectmen met on Monday, March 22 in a regularly scheduled meeting. Action items included a planning board recommendation for the selectmen to proceed with penalties against a developer for being “misleading” during a subdivision permit process. On the last order of business that evening, the selectmen unanimously voted to take no action.

Under standard practice after the Annual Town Meeting, selectmen Bob Luce was reappointed as chairman and Steve Pierce was renamed as vice-chair.

The selectmen then reappointed the municipal officers of the town. Luce said he’d like to table remaining committee appointments until Town Manager Dave Cota places an ad to see if residents want to serve on some committees with vacancies.

After Cota’s detailed presentation, members decided to sign a land easement with the Penobscot Indian Nation for the recreational bridge that will span the Carrabassett River. Cota explained that they have preliminary approval from the tribal council for a 15-year lease with two five-year renewals.

There is a Recreational Bridge Committee meeting at 5 p.m. on April 2.

Cota also updated the board on the Airport Fixed Base Apron Project which is funded through a federal grant. Bids were available by March 16 and a prebid meeting was held on March 23 with lots of interest from contractors, Cota said. Construction bids will be opened on April 13 and contractors must hold their price until Sept. 30 to allow for the Federal Aviation Association grant process to continue. The apron will house up to six private airport hangers once completed. “We do have a lot of interest,” in private hangers, Cota said.

“The project is the construction of a new based aircraft apron and consists of approximately 29,000 square feet of full depth apron construction, relocating a man-made drainage ditch, tie-downs anchors and minimal pavement markings,” the bid advertisement read.

Town attorney George Marcus advised the selectmen to hold off on signing an Estoppel Agreement with CNL and the Fifth Third Bank. CNL, the financial holding company that owns Sugarloaf assets, is refinancing its assets. Cota explained in depth the procedure, but what it simply means is after the refinancing takes place, if CNL defaulted on it loan and the bank took over, the town’s golf course agreement with CNL/Boyne resorts remains fully intact.

Cota also said there was a slight change in the new library Community Room Use Policy regarding a security deposit in events involving the use of alcohol. A $75 security deposit has been lifted. Richard Rose, owner of Judson’s questioned if alcohol use in the building would compete with area restaurants and take away potential business. The selectmen said they’d revisit the topic if needed.

Cota also informed the board that a memorandum of agreement with the Franklin County Chamber was underway. He noted that improvements were also made to the Valley’s Information Center building. The agreement will allow chamber representatives to use the space to promote county commerce.

The final order of business related to whether the developer of the Castle Creek Condominium subdivision was in violation of his permit or any other state or local laws.

The developer, Lloyd Cuttler who also a selectman in town, left the table and eventually building, so that full fairness can be given to the issue.

In February, the planning board wrote to the selectmen saying that the minutes revealed that Cuttler would put a restrictive covenant on any sales deeds limiting basements to storage only. Today, seven of the 11 unit owners had elected to finish their basements.

Cuttler responded in writing saying the conversation during those early meetings were of concerns the town was facing at that time with owners creating separate daylight breakaway units.

“This has not happened, nor can it happen,” Cuttler wrote. Cuttler said the design of the buildings made it physically impossible for multi-family use.

“The unfinished basements, which are all below grade, were clearly depicted on the plans presented to the planning board. All sales literature clearly states that the basements were unfinished space,” Cuttler wrote.

“The minutes of the meeting, however, state that I would ‘restrict’ the basements to storage only. I believe this statement was taken out of context, and clearly did not directly address the concern of the board pertaining to breakaways.”

Cuttler received preliminary approval and final approval in 2005 for 12 units and was approved again in 2006 for an amended plan for 11 units. No conditions were placed on the development.

Cota said he sent all of the minutes of the planning board meetings regarding this issue along with the written planning board request to the selectmen to Attorney Richard Flewelling at the Maine Municipal Association.

Cota’s intent was to get some form of a legal benchmark on whether or not anyone has violated subdivision laws or state laws and if any representations, if they exist or not, that came from meeting discussions or meeting minutes are a Planning Board Condition of Approval.

“Essentially, he finds no violation of any Subdivision or State law. If the planning board at that time (2005) wanted to put restrictions or conditions in the subdivision approval these conditions should have been included on the subdivision plan that was approved by the planning board,” Cota said in a written summary.

“They were not placed as a subdivision conditions, and therefore, the bottom line is, there is no violation on either town ordinances or state subdivision law,” Cota said.

Pierce said that Cota summarized the facts correctly. “I commend the planning board for doing their due justice,” Pierce said. He said he respected their efforts for looking into what they thought was right.

Pierce said he took the time to read all of the information, and the summary from Cota which he said was excellent. “I say we take no action,” Pierce said which eventually became a motion.

Code Enforcement Officer Bill Gilmore said he was sorry that it came to this and he was glad to see it get resolved. “Development has been the backbone of this community… hopefully everyone can learn something from this… and hopefully we can put it to rest once and for all,” Gilmore said.

Cota said these types of issues have been raised before and will come up again.

Selectmen John Beaupre, Jay Reynolds and Pierce all voted unanimously to take no action that evening.