HOLDEN – An attempt to force a referendum vote on a controversial highway issue regarding a connector road between I-395 and Route 9 may be premature, according to a legal opinion.

Yet the legal snag won’t stop an outspoken group of Holden residents who want another route put on the table for study.

Monday’s regular meeting of the Holden Town Council brought a surprise letter from Town Attorney Wayne R. Foote who had researched the town charter earlier that day and concluded Holden officials shouldn’t act on a request for a petition drive to force a referendum.

The opinion followed receipt earlier in the day of a formal request to initiate the referendum process. It was signed by 10 Holden residents and was presented to Town Manager Larry Varisco.

“You have asked me what action you should take in response to this request. It is my legal opinion that no action should be taken, since no referendum action is available …,” Foote wrote in an opinion received at the town office mid-afternoon Monday.

The residents are upset with the apparent rejection of a route they favored and which a divided Town Council voted down at a meeting last week. By a 3-2 vote, the council resolved to support the “Ring route” for the I-395/Route 9 highway. The route, which has gained favor with Brewer and Eddington residents, who also are affected by the proposed limited access highway, was developed by Bangor City Engineer Jim Ring. It has the least impact on residences and is within cost parameters set forth by the Maine Department of Transportation.

Yet the “Ring route,” more formally known as 3EIK-2, has not gained favor with residents of the Clark Hill Road, the Levenseller Road and some other areas of Holden. They claim the cross-country highway proposal will bisect the town, making it lose its rural flavor. It comes treacherously close to certain residences and wildlife areas, they claim.

By Monday night, the “anti-Ring route” group was stalled in its referendum effort but not dispirited.

“We want to make sure the Council understands we’re not going to take this lying down. We will have them understand we’re not done with this fight,” said Jackie Smallwood of Holden.

An angry Bob Harvey of Holden told the Council he felt he had been “sold a bill of goods” with the town charter. “I was on the charter commission and I fought vehemently for these so-called rights. I’m not sure I’m happy at all with the charter,” Harvey said.

Harvey also expressed dissatisfaction with the way a July 23 Town Council meeting was conducted. Residents were not allowed to speak at the meeting which goes against the charter, Harvey said.

As words escalated, Town Councilor Clare Payne intervened with her interpretation. It appeared the referendum drive was premature and would have to follow the adoption of language stating the Town Council’s support, or lack thereof, concerning certain highway options.

Payne said she would call for a vote on the matter and insert proper wording at the appropriate time.

In the proposed referendum, the group wanted voters to have a say on Payne’s July 23 motion, when she proposed reaffirming a Nov. 17, 2002, resolution supporting the town’s version of the corporate boundary route. They also wanted voters to vote their opinion of Councilman Michael Legasse’s motion to support the “Ring route.”