NORWAY – After months of debate, the Norway Planning Board decided Thursday the original developers of Hobbs Pond Estates are accountable for changes made to an interior road without town approval.
“They developed this, they need to be responsible for this development,” alternate board member Michael Micklon said.
The 4-1 decision means the Norway Board of Selectmen will once again be faced with handling a bitter property dispute between subdivision neighbors Paul Eirman and Steven Siskowitz, who live at 79 and 89 Hobbs Pond Lane respectively.
Each neighbor has argued that the other has altered either Hobbs Pond Lane or their property, creating drainage and runoff problems. While the selectmen first said the matter was a private dispute, Siskowitz forced the issue when he alleged Eirman violated the town’s shoreland zoning and subdivision regulations.
The Planning Board began meeting with the neighbors in January.
On Thursday, Chairman Dennis Gray read a letter from Town Attorney Geoffrey Hole, who said Hobbs Pond Estates developers Steve Brown and Larry Todd own and are responsible for Hobbs Pond Lane.
Subdivision plans may not be altered without town approval. Because Brown and Todd own the road, the Planning Board reasoned, they are responsible for even those alterations made by Eirman and Siskowitz.
“I feel it should go back to the original proposal,” said board member John Morgan, who then turned his statement into a motion. He accepted an amendment requiring Siskowitz to add a hammerhead turnaround on his property if his septic system, which is now in the way, should fail or be moved. The turnaround was required as part of the subdivision plan.
Anne Kinney, who voted against the motion, said she had reservations about taking action prematurely. She suggested talking with Brown and Todd to see what they had intended to do with the road.
Micklon pointed out that Hole had been paid for a legal opinion.
After the meeting, Gray said the board’s decision meant no amendments to the subdivision plan would be accepted.
Code Enforcement Officer Jeff Van Decker said the matter now rests in the hands of the selectmen, who are responsible for enforcing the town’s subdivision regulations and shoreland zoning.
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