BERWICK, Maine — The Board of Selectmen, Town Manager Keith Trefethen and Attorney Bruce Reid met for almost two hours in an approved executive session on Wednesday night to discuss the pending lawsuit to be filed against the town by Bateman Partners LLC over the construction project at the former Sullivan Street school.
New selectmen and Board Chair Bart Haley suggested the board not go into executive session to discuss the suit for several reasons. Haley didn’t think “possible litigation,” as described on the agenda, needed or required an executive session, and he thought it wasn’t good practice or transparent to hold an executive session during the first couple minutes of the board’s first meeting in almost two months.
Attorney Reid assured the board and the public that litigation was definite, not just “possible”. Reid said he had been told in very clear and strong language that Bateman would be suing the town. Reid said attorneys for the Portland developer would be reviewing town documents tomorrow at Town Hall.
While the rest of the board agreed with Haley that keeping the public informed and involved was important, they all also felt the need for the new board members to get caught up on the project and for the board as a whole to become versed on the future suit.
After almost two hours, the board emerged from their executive session and continued the meeting. The exact reasons for the suit were not made public.
Controversy arose when the town allegedly discovered Bateman Partners was building three-bedroom apartments and constructing a larger addition than was originally approved by the town’s Planning Board. The board voted for Bateman to build efficiencies and one- and two-bedroom apartments. The town said they were made aware after seeing an advertisement in Foster’s Daily Democrat advertising for one-, two- and three-bedroom apartments.
© 2012 the Foster’s Daily Democrat
Distributed by MCT Information Services
Lawsuits everywhere…
Sandwiches, apartments, alternative-lifestyle couples, we’ve become a nation of whiners.
A nation where you nearly have to walk on eggshells to avoid a lawsuit.
That’s a stretch. If they were suppose to build one and two bedroom apartments, and built three bedroom ones, that is against the agreement. The town has a right to stop it.
how is it a stretch?he was talking about the people who did wrong and then wants to lay a law suit,not the town.
Play by the rules or go to prison.
So Tax them for the increased value, “Problem” Solved!
I predict that the lawyers on both sides.will make out like bandits.
In a “free” society, why should the city have any right to dictate what a private developer does or does not do with their property if they are not harming anyone?
beacause the permit they got was for 2 and one bedrooms not three,if they wanted three all they had to do was get their permit revised.
I’m not saying they didn’t violate their permit, I’m asking why they need the permit in the first place. I just see these permits and regulations getting out of hand and hurting this state economically, and really violating private property rights which a republic is suppose to protect, not walk all over. If the actions of the developer are not harming anyone they SHOULD be free to do what they want.