Minot Road Commissioner refutes ‘innuendoes’ regarding his character

MINOT — Road Commissioner Arlan Saunders has apparently reached the end of his patience when it comes to Pottle Hill School Road and, at the December 20 meeting of the selectmen, he requested that the issue be referred to town attorneys.

Most of Saunders’ frustration was leveled at Scott J. Lynch, lawyer for developer Chuck Starbird.  Lynch is the same attorney who, in September, took over Kevin Francehetti’s lawsuit filed against Minot concerning York Road.

“This attorney has accused me of planting rocks on the site.  He’s accused me of delay tactics.  He’s accused me of all sorts of stuff,” said Saunders.

“I’ve just had enough of it.”

According to Dean Campbell, chairman for the board of selectmen, the conflict stems from the developer’s attempts to rebuild the road.

Campbell explained that Pottle Hill School Road had been abandoned “in the 1930s.”  Because of this, and later additional filings for “presumed abandonment,” town fathers now view this road merely as a public easement and not an accepted town way. 

Because Minot ordinances limit building permits to those properties possessing 250-feet of frontage on an accepted road, Starbird had been attempting to bring Pottle Hill School Road back up to Minot’s current road standards.

Jon Geismar, chairman of the Minot planning board, is not aware of any subdivision plan having been filed by Starbird in the area encompassed by the recent road work. 

However, it is believed that Starbird’s current goal is to have voters re-accept Pottle Hill School Road at the annual town meeting in March.  But, in this regard, there have been complications.

“We have some evidence that the sub base does not meet our standards,” said Campbell.  “We are in the process of trying to find a third party engineer to certify that this sub base meets our minimum road standards.”

However, according to Campbell, no engineer has been willing to sign off as Starbird, allegedly, has not followed the process laid out in the relevant Minot ordinances.

“There was not enough inspections done during construction,” said Campbell.  

    

Campbell stated that many engineers were reluctant to get involved at this late hour, given that they were not present during those crucial initial inspection phases.

However, Lynch, in a December 10 letter to Saunders, interprets events differently.

“I understand that you initially agreed to Chris Snow, P.E. of GZA Geo Engineering, Inc. of Portland, Maine but then rejected him when he told you that he was willing to interpret the ordinance practically rather than interpret it in the manner you prefer,” wrote Lynch.  “Please know that our agreement was to find a qualified geo-engineer, not that you would on the side attempt to lobby the engineer to your point of view.  Objectivity is what we are striving for.”

“Frankly,” Lynch concluded, “I view your refusal to accept Mr. Snow as a delay tactic.”

The “delay tactic” charge may refer to the fact that Minot selectmen have a history of declining to call special town meetings.  If Pottle Hill School Road does not get on the warrant for the 2005 annual meeting in March, Starbird may not get another chance to go before voters until 2006.

In his biweekly report to selectmen, Saunders answered Lynch’s charges.

“I have had enough of Mr. Lynch’s innuendoes that I am delaying or being biased,” he wrote.  “I have tried very hard to select an engineer that would interpret the tests according to our ordinance as it was adopted. 

“It appears that they, or Mr. Lynch, would rather make accusations as to my integrity and/or honesty.”

Saunders then repeated aloud his written request.

“I suggest that the town forward this to the town’s attorney,” he said.  “I guess what I’m saying is, if you people don’t want to, I’ll forward it to mine.”

Campbell then spoke for the board, resolving that the matter would be “pushed on” to the town’s attorneys at Skelton, Taintor & Abbott in Auburn.  Campbell did not elaborate on how the issue would be followed up on beyond that.  However he did offer a prediction regarding the ongoing debate.

“I’m sure this is not the last we’ve heard of Mr. Starbird’s road,” said Campbell.