The meeting was called to order by Kenneth Gardner, Chairperson at 7:00 p.m.

Regular members present: Kenneth Gardner, Robert Axelsen, Russell Peter Berg, Bruce Rozett and Ruth Adams.

Alternate present: Doug Hubbard

Also present: Freeman Abbott, CEO, & Beverly Foss, Secretary.

Continuance of an application for an administrative appeal from Benjamin R. Douglass.

Mr. Douglass is requesting the Board rescind the decision of the C.E.O. requiring submittal of a deed or a copy of a purchase and sales agreement as part of his application for a growth permit. Mr. Douglass was not present at the meeting but was represented by Attorney Michael Kaplan.

Since the last meeting, Freeman Abbott, C.E.O., conferred with the Town’s Attorney and together they re-wrote the Affidavit of Purchase and Sale, which is part of the Growth Permit Application. Mr. Abbott is confident that the questions and answers on this form will help him make future determinations regarding the completeness of applications. He also had the new form approved by the selectmen.

Chairman Gardner opened discussion by asking Mr. Kaplan to speak. Mr. Kaplan said that he has reviewed the re-written Affidavit of Purchase and Sale and feels that this form asks the applicant intrusive questions regarding right, title and interest. He again asked why Mr. Douglass was treated differently from other applicants in being asked for a deed and purchase and sale agreement from the C.E.O. He wanted to know the circumstances behind this request.

Bruce Rozett asked Freeman Abbott if he had some evidence that the applicant did not have sufficient right, title and interest to the property. Freeman stated that in a 48-hour period, he received 13 Growth Permit Applications that were accompanied by checks from York Construction, signed by Michael York. He stated that this put up "red flags" that possibly the permits were not being fairly distributed. He also stated that in the past Mr. York has had deeds written out and never recorded.

Mr. York then spoke. He stated that it is not unusual for a General Contractor to offer complete packages to people building a house, which includes paying for their permits.

The Board decided to list the facts:

1. The applicant submitted his application on December 21, 2004. At that time, the C.E.O. asked him for a copy of his deed. He wanted this within 60 days.
2. Freeman Abbott received a letter from the Town’s Attorney, advising him to ask for a Purchase and Sale Agreement.
3. On January 10^th, Mr. Abbott wrote a letter to Mr. Douglass requesting his Purchase and Sale Agreement.

Mr. Berg asked Mr. York why Mr. Douglass has not attended the meetings since he is the applicant. Mr. York said that Mr. Douglass is represented by Attorney Kaplan.

The Board then discussed the need for the Committee who is updating the Zoning Ordinance and Growth Ordinance to ask for input from the Appeals Board.

Beverly Foss, Secretary noted that Doug Hubbard had been appointed to this Board as the 2^nd alternate for a 1 year term by the Board of Selectmen. Russell Peter Berg was appointed as a regular member of the Board for a 3 year term.

The secretary asked that the Board now review the minutes from the last meeting and approve them each month by a vote. The Board agreed this was a good idea.

These minutes are now posted on the Town’s website. Since it is necessary to get the minutes on the website in a timely manner, the secretary will post them as "unattested" minutes.

The secretary also presented the Board with an application for an Administrative Appeal that she received on 4/4/05. She said that it was incomplete in that it was asking for relief from the C.E.O.’s decision not to issue him and building permit, and Mr. Abbott states that he never even applied for a Growth Permit. Chairman Gardner will return his application and check along with a letter stating that he will need to apply for a Growth Permit before the C.E.O. can make a written decision. If he disagrees with the C.E.O.’s decision, he can apply for an Administrative Appeal at that time.

Respectfully submitted,

Beverly Foss

Secretary