Morning Sentinel
Legal fees could continue to mount over dam removal
By Morning Sentinel staff Kennebec Journal & Morning Sentinel 04/14/2008

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WINSLOW -- The town spent $22,593 for the legal fees involved in evaluating FPL Energy's application to remove Fort Halifax Dam -- an application the Planning Board approved March 17.

Add to that more than $7,000 the town paid for expert witnesses in the matter and the total is more than $30,000, Town Manager Michael Heavener said.

That total, however, does not include the considerable staff time devoted to the issue over several months.

Heavener said none of the money was budgeted, which means he will have to draw from other accounts or reserves to pay the charge. And the legal expenses may not be over yet.

Town Attorney William A. Lee said he has heard that Save Our Sebasticook, the group headed by state Rep. Kenneth Fletcher, R-Winslow, plans to appeal the Planning Board decision.

But Lee said Fletcher, who could not be reached for comment, has yet to submit an appeal to the town. Fletcher is a landowner on the Fort Halifax impoundment. SOS has been a vocal opponent of dam removal.

Lee said any appeal of the decision must be lodged by Wednesday.

The Town Council meets two days before that deadline, with a starting time of 7 p.m., Monday at the Town Office.

Heavener may discuss the appeal possibility with the Council, in particular the additional legal fees that appeal would probably entail.

The town manager estimated that the town could face $20,000 more in such expenses.

Council Chairman Jerry Saint Amand said he hopes no appeal is made.

"We have no budget for additional legal expenses," he said, "so we are hurting ourselves here so to speak. I think at this point everything that could be done has been done. No one is happy with the thought of a dam being breached but if that's going to be the reality, let's move on."

Heavener, though, said he would never oppose an appeal of a town decision.

"First of all," he said, "we want to encourage public input and public comment. From time to time there may be comments made that the town may not agree with, but we still want to encourage that public comment."

Lee said the town's zoning board of appeals would have up to 35 days to hold a public hearing after receiving notice of an appeal. Once the hearing process is completed -- more than one meeting is possible -- the Zoning Board of Appeals would have 35 days to render a decision, Lee said.

Colin Hickey -- 861-9205

chickey@centralmaine.com

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