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Town of Falmouth, Maine
271 Falmouth Road
Falmouth, ME 04105
(207) 781-5253

August 10 Agenda Item 3

Request from the owners of Ridgewood Estates, a condominium subdivision consisting of 75 units and located off Falmouth Road, to amend the Sewer System Ordinance.

Action:  Introduction may be scheduled.
Staff (Pete Clark and Nathan Poore) along with the Town's Attorney (Natalie Burns), have met several times with Mike Payson, current owner of Ridgewood Estates, and his agents.

Mr. Payson has expressed interest in the Town waiving or exempting all sewer connections fees ($2,000/unit - Attachment One) It has been the position of staff and Natalie Burns that the exemption is not possible based on current ordinance language (Attachment Two). Typically, public extensions of public sewer require Town Council action prior to construction. The former owners of Ridgewood Estates chose to construct the system as a private system and did not request Town Council action prior to construction (Attachment Three). The former owner, Bob Blackburn, was under the impression that the fees would be waived. Pete Clark, Wastewater Superintendent, clarified the Town's position to Mr. Blackburn in a letter dated November 9, 2007 (Attachment Four). Mr. Clark issued an opinion in this letter that clearly stated how the Town would not waive or exempt the fees. Mr. Blackburn did not appeal this decision.

Mr. Payson and his agents have not agreed with some of the staff positions regarding this matter which is why they have chosen to request an amendment to the ordinance that would offer connection fee exemptions (Attachment Five).

Staff has prepared a memo that identifies its concerns (Attachment Six). The Town's attorney will be at the Town Council meeting to assist staff and the Town Council.


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