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FARMINGTON – After nearly two hours of deliberation in Franklin County Superior Court Tuesday, attorneys worked out a temporary agreement between property owners Mark and Heidi Goodwin and abutting neighbors.

The Goodwins agreed to halt construction at 247 High St. until the planning process is complete.

The couple applied to the Farmington Planning Board in September 2003 to convert a duplex with attached barn into a four-unit apartment building. The board approved the plan.

Neighbors Rod Prior, Holly Price and Ralph and Judith Granger appealed the decision. The Board of Appeals sent it back to the Planning Board, citing the board’s failure to adequately consider the impact on the neighborhood.

In April, the Goodwins withdrew their application.

But renovations on the barn continued and abutters did not understand why.

The property owners chose, after consulting Code Enforcement Officer Steve Kaiser, to keep the duplex, making each apartment a four-bedroom unit. According to Kaiser, this new project was not considered an expansion nor a change in property use, so it did not require Planning Board review. The town’s attorney, Frank Underkuffler, agreed.

David Sanders, attorney for the abutters, said it made no difference to the impact on the neighborhood whether there would be four apartments with two bedrooms each or two apartments with four.

“They’re creating a dorm,” he said. “There will be the same number of people and the same number of cars,” he added, after a temporary agreement was made.

The agreement between the Goodwins and abutters included the following provisions:

• There will be a preliminary injunction on any additional construction until the planning process is complete.

• There will be no exterior work done except for cleanup of debris.

• There will be no parking in the rear of the building, and the area of snow removal will be limited.

• There will be no more than five tenants living on the premises.

In addition, a maple tree on the property will be assessed by an arborist to determine its health.

The Goodwins had intended to remove it, saying it was diseased. Their neighbors don’t believe their claim and feel that the tree’s removal will have a significant impact on their neighborhood. The parties agreed to save the tree, sharing any expenses for its care, if it is deemed healthy. If not, the Goodwins will pay for its removal.

Justice Joseph Jabar handed down his decision based on the agreement.

Sanders said he will appeal the code enforcement officer’s decision on behalf of his clients.

“The issue is fundamentally the process,” he said. “Steve Kaiser is clearly adverse to us at this point,” he added.

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