The meeting was called to order by Kenneth Gardner, Chairperson at 7:05 p.m.

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

Alternate present: none

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

Application for 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.

Mr. Kaplan stated that the Limington Growth Permit Application requires submittal of "documentation establishing the applicant’s right, title and interest to the property (deed or affidavit of Purchase and Sale Agreement)." On December 21, 2004, Mr. Douglass submitted his application and fulfilled all the requirements asked for on the application. At that time, the C.E.O. issued an Application Receipt with application #42-04. On that date, the C.E.O. also requested a copy of the deed to the property. He wrote that he would like this within 60 days and Mr. Douglass signed the request.

On January 10, 2005, Mr. Abbott, C.E.O., wrote a letter to Mr. Douglass requesting a copy of his Purchase and Sales Agreement, with a deadline of February 20^th. Mr. Douglass brought in a copy of this agreement and on that date the C.E.O. found his application "complete".

The appellant, therefore, feels that Mr. Abbott had no right to require the submittal of a purchase and sale agreement since it is not called for on the application.

Mr. Abbott stated that under the advisement of the Town’s attorney, he had the right to ask for this document. The attorney, Bruce McGlaughlin, stated in a letter of December 30^th that "Section 6.2.C.2 does not prevent you from making reasonable requests for further information, including a request for a copy of the purchase and sale agreement and other relevant information". This was the basis Mr. Abbott used to make the request.

Bruce Rozett pointed out that the applicant has nothing to be gained or lost by this appeal. Since the time his Appeal Application was received, he did fulfill Mr. Abbott’s request and his application was deemed complete. He still has the same number on the list and does not lose his place in line to receive a permit. Mr. Rozett suggested that the Board not make a decision at this time, but speak with the Town’s attorney.

The Board then discussed possible ways of either changing the Growth Ordinance or making revisions to the Affidavit of Purchase and Sale Agreement to alleviate this problem in the future.

Beverly Foss, Secretary showed the Board the revisions and additions that had been make to the Appeal’s Board Application as requested at last month’s meeting.

Respectfully submitted,

Beverly Foss

Secretary