5/30/1996 CONSERVATION COMMISSION Minutes

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30 May 1996 Page 17. afternoon that witnesses were to be at the court as it was going to trial. For some reason, no one appeared on behalf of the Town and the Judge felt he needed to get some attention and tried to get things back on track. A position was taken on behalf of the town that they had to file. Something Bob Sherman said led Jessica Laue to believe there is no conservation issues over the property. In conversations with the Laues, they came around and he had then assurance they are coming in and going through the process. They claim they made a financial decision to buy the property but could not if there were any conservation issues. The second problem was with Bill Hauck and when they received then building permit, they were told it was run by other boards. ARO who did the plot plan had not included elevations or wetlands; that was an error of his survey crew. It slipped through the cracks. Mr. Perkins stated he tried to get ARO to come back and acknowledge they made a mistake and to do a Notice of Intent. He tried to contact him many times and eventually the phone was disconnected. He now lives somewhere in Colorado. He is not going to be any relief on those plans. Mr. Perkins stated Judge Connor was very helpful. Even if a state official misled the Laues, you cannot waive wetland law. He would keep jurisdiction to make sure nothing unreasonable was going to happen. The insurer feels the trial could take some time and there may be some appeals beyond that. He asked if there was any objection to the insurer putting up some money? That would be less than the cost to litigate the case. They will put up $4000. The Judge was told you are telling them to comply. There is money available to help them to comply. He leaned on the Laues. The Judge could not convince them to file a Notice of Intent. He eventually talked them into the idea of having town officials met with them to talk about what the process is about. There is going to be a hearing in early May. He talked with Bob Whritenour about setting up a meeting. The Judge canceled the hearing and he did not have further communication with Bob Whritenour. He apologized that the meeting did not occur. The situation has remained very difficult. They want to use Dan Homeyer as an advisor. The meeting did occur on Tuesday and until last night, the Laucs recognize they will have to file a Notice of Intent. The question of how this goes forward and money is open. The problem number one is the issue of getting an engineered plan. There is a financial issue; it could cost more than $2000. and to what extent the insurance company would be willing to pay. No money would be paid until the Certificate of Compliance is issued and they are in compliance. They are nervous about not knowing what the expenses will be. In addition to the plains, the project expenses will be $1-4000 for removal of brush and bank stabilization. The Judge, through the Clerk set a date of July 1 at 9:00 a.m. for this case. The Laues will be getting more and more nervous about moving into the house.