Dresden, Maine
Dresden Planning Board
P. O. Box 30
Dresden, Maine 04342
Meeting minutes for Monday, September 16, 2019
Present - Jeff Pierce, Dan Hanley, Jay Cummings, Linda Biden, Peter Elvin, Russell Peckham, and Steve Stone.
Others present – Shari Lilly (recording secretary).
Jeff opened the meeting at 6:30 p.m. The Pledge of Allegiance was then recited.
ITEM #1 – Review minutes of Aug. 19, 2019 (No meeting Sept. 02) – Russell motioned to accept as written; Dan seconded. Motion approved by show of hands of those present and voting.
ITEM #2 – Old Business – a.) Calista's Vista – Prior to this meeting, all members were emailed a copy of all papers regarding the covenants and the DEP violation that are still in effect. Jeff has copies of the properties owned by Mr. Lemar being for sale through a realtor. The listings indicate there are no restrictions for the lots in regard to buildings, mobile homes, etc. nor is there any mention of the town-owned property which is actually the “Common Area”. All members feel the realtor should be made aware of the covenants and the violation if she isn't already. Jeff wants the board to confer on what will be included in the letter that will be sent to Mr. Lemar. The first issue will be the DEP violation that he has acquired as the owner-of-record because he owns the majority of property in the subdivision. Jeff showed everyone a copy of the original plot plan to bring everyone up-to-date as it has been a while since we've dealt with it, plus we have some new members on the board. He primarily focused on the restrictive covenants which include the roadway, etc. As specified in the Restrictive Covenants listing, NO lots will be sold until there is an engineered roadway and underground power. Neither has been done, and there is no fire pond.
Steve asked if Mr. Lemar has satisfied the DEP violation. Jeff said no he hasn't. Linda asked how it could be rectified with DEP. Steve said there was some conditions and a fine he was to do within 30 days. Jeff said, however, Mr. Pagurko declared bankrupcy. He also mentioned that a couple of people did get building permits for former CEO, Rick Lang, even though they weren't supposed to until the road and power were completed. Mr. Lang was then told he couldn't give them occupancy permits. The owners did request permission from the PB, but were denied due to the covenants not being met. They had a lot of money tied up in the properties they purchased and couldn't live there. Mr. Lemar purchased 13 lots through the bankrupcy so he is now considered the owner-of-record for the subdivision.
Jeff said we need to send him a letter indicating what the covenants are as a reminder. Russell said Mr. Lemar could have a meeting with the other owners to vote to make changes to the covenants. Then they could come to the PB to request acceptance of the changes. The subdivision could then be dissolved. Peter said maybe the other owners would kick in some money to help rectify the issue, but Jeff said Mr. Lemar caused a lot of animosity so the others might just say he created the problem so he should fix it even though it could be quite costly.
Issues to point out to Mr. Lemar:
1.) DEP violations
2.) Engineered road
3.) Underground power
Jeff noted that the covenants are still in force as they are attached to the deeds. We will ask Mr. Lemar, as the owner-of-record, when and how he plans to address the DEP violation and if he has a reclamation plan. If so, we want to be informed as to how he will address the DEP issues before any building or plumbing permits are issued, and to submit a reclamation plan and who he has been in contact with in regard to the violation #1007CTS# dated Dec. 08, 2006. It is our understanding this has never been addressed.
The engineered road and power – When do you plan to install the engineered road & the underground power as required in the covenants? What is your plan? Please inform us. Plus, we will note that Erosion Control must be installed per DEP standards prior to any work commencing. The underground power could go in at the same time as the engineered road to create the least disturbance and could be cost effective.
The CERTIFIED letter to Mr. Lemar will include a copy of the restrictive covenants for Calista Vista with stating that as the owner-of-record, Mr. Lemar can suggest to the other owners a way to get together to make changes to the covenants which could help to resolve the problems. Also, we ask that you share these covenants with your realtor so she can accurately represent the properties.
We are hopeful that there will be a resolution to this so it will be beneficial to everyone as this has gone on for too long.
Russell said that even the building restrictions must be adhered to even when the properties are sold, so the realtor should have a copy of the entire file.
When asked if we should send this information to our lawyer, Jeff said no as we are just stating the facts.
ITEM #3 – New Business – None.
ITEM #4 – Other Business – Steve asked if there is a restriction on the age of trailers coming in town? Jeff said they can't be any older than 1976 and they must meet egress and other requirements
ITEM #5 - – Adjournment – Russell motioned; Linda seconded. So voted at 7:38 p.m.
Respectfully submitted,
Shari Lilly (Recording Secretary)
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