Planning Board presses Paugus-Elm developer to deal with abutter’s concerns

LACONIA — The Planning Board is urging the developer of the Paugus-Elm project in Lakeport to try and come to terms with an abutter who says work on the project has caused some damage to his property.

The board voted 8-1 to table Paugus-Elm LLC’s request to amend its site plan. It further directed the developer to respond to the city Planning Department in writing at least two weeks prior to the board’s July 12 meeting on the status negotiations on the six requested mitigation items made by Peter Brunette, the abutter, and the results of inspections to Brunette’s property.

At issue are problems that Brunette says were created when a metal retaining wall was installed last year less than 5 feet from his property line. Cracks in the driveway and the foundations of the house and outbuildings are among the damage that Brunette blames on the motion associated when the 35-foot metal plates which make up the wall were vibrated into the soil.

Brunette, who chairs the Planning Board, has recused himself from discussions and votes on the Paugus-Elm project. On Tuesday board member Michael DellaVecchia acted as chair during the discussion and vote.

The multimillion-dollar Paugus-Elm project is being developed by Scott Everett who restored the Lakeport Opera House and has purchased other properties in Lakeport.

Planning Director Dean Trefethen said the matter for the board to decide was Paugus-Elm LLC’s request to amend the site plan for the project to show the retaining wall’s location.

That change was ordered by a superior court ruling that arose out of a suit Brunette brought against the city. Brunette alleged in the suit the city violated certain planning and site plan regulations.

But board member Charlie St. Clair said it was appropriate for the board to consider Brunette’s concerns. St. Clair noted that when the board tabled the same application at its May meeting it did so to give Brunette and the developer time to negotiate and resolve the matter.

“I’m surprised that Scott (Everett) hasn’t jumped on this to get this work done with that abutter,” St. Clair said.

Facing questions from the board, Ron DeCola, who represented Paugus-Elm at the meeting, declined to say whether the developer would agree to any of the six mitigation requests which Brunette had spelled out in emails.

DeCola characterized the claims Brunette set forth in his emails as “diatribes” and “bellicose.” That prompted a rebuke from City Councilor and Planning Board member Bruce Cheney who told DeCola, “I resent the characterization of diatribe,” and went on to say: “I’m unhappy with the assurances we have been getting from the property owner’s representative... I find your approach to this to be difficult for me.”

Contacted Thursday, Everett said he had not been informed of the developments at Tuesday’s meeting and felt the city should be communicating with him directly. He said he was disturbed that the board had directed that Paugus Elm submit its position regarding Brunette’s requests to the Planning Department in writing by the end of the month, in advance of the next board meeting.

“(The city) should call or write (to) me with a specific request,” he said.

Everett said he planned to attend the July 12 meeting when, he said, “we will present data to explain our position.”

Immediately after Tuesday’s vote, DellaVecchia signaled his dissatisfaction that Paugus-Elm had not made more of an effort to settle matters with Brunette.

“I ask Mr. DeCola, please try harder,” he said.