The Alna Planning Board held a special meeting on Jan. 19 to resolve alleged shoreland zone violations on a Dock Road property that included the construction of a treehouse, the removal of trees, and the use of a cabin as a part-time residency.
The planning board recommended a fine of $1,000 for Lisa Packard, owner of the property, for the violations. The planning board said they would recommend to selectmen defraying the fine by up to $500 in exchange for Packard’s volunteer work for the town.
Selectmen have the final authority in imposing fines recommended by the planning board.
Packard was called before the planning board on Jan. 5 to discuss the violations on her property. Packard, a new resident in Alna, purchased the property in November. An acquaintance approached her about the possibility of staying in a cabin on the property part-time, so that he could be closer to his daughters.
He later asked for permission to construct a treehouse near the cabin for his daughters as a Christmas present. The treehouse was built around Dec. 21, 2014 within 150 feet of the Sheepscot River, an area where structures are prohibited. Packard’s part-time tenant also cleared dead trees in the Shoreland Zone that had been damaged during a storm.
The cabin on the Dock Road property has “a long and sordid history,” according to planning board chair Doug Baston. Its construction resulted in a multi-year long court battle between the town and former property owner Myles Jordan to have the structure removed.
The town reached an agreement in court that allowed the cabin to remain, but restricted its use so that it could not become a residency. The restrictions on the cabin’s use were ordered to follow the deed so future property owners were aware of them.
Code Enforcement Officer Stan Waltz sent Packard a letter of his findings from the investigation and his recommendations to remedy the situation. Waltz asked that new plantings be made to replace the removed trees, even though he concluded that they were dead.
“Anytime trees are harvested in a Shoreland Zone … permission is needed from the Town to remove even hazard trees,” Waltz said in his letter.
In her response, Packard agreed to remove the treehouse and submit a plan for new plantings by Feb. 8. She also acknowledged the restrictions on the cabin and stated it would not be used as a living space in the future. Packard said Jan. 19, that she plans to have the treehouse removed on Saturday, two weeks sooner than the date she gave the planning board.
“I wanted to under promise and over deliver,” Packard said.
With consensus reached between Packard and the planning board about how to rectify the violations, planning board members discussed a fine. According to planning board members, the ordinance calls for a minimum fine of $100 to a maximum fine of $2,500 per infraction per day.
“When I walk away, I want to see our costs covered,” planning board member Peter Tischbein said. “That has to be the minimum.” Planning board members determined that between Stan Waltz’s investigation and the planning board meetings needed to address the situation, costs would roughly equal $500.
Planning board members decided that a total fine of $1,000 was appropriate, due to the fact that three violations were involved. “This is one of the most blatant violations we’ve seen with the treehouse,” planning board member Beth Whitney said.
“I’m shocked at how steep this is,” Packard said.
Packard asked earlier in the meeting if it would be possible to work off any fine with volunteer work for the town. Planning board members were receptive to the idea. They voted to recommend to selectmen a fine of $1,000 for the violations, $500 of which could be reduced in a “time and talent” exchange.
The planning board noted that they could only make the recommendation. Selectmen would make the ultimate decision on whether part of the fine could be worked off through volunteerism.
“I made an error, I made a mistake, I own that,” Packard said. “I just hope we can spend our time on better things.”
“I think we all want this behind us,” Baston said.
(A previous version of this article, which appeared online and in the Jan. 22 print edition, stated that the property owner “was fined.” The article has been updated to clarify that the planning board can only recommend fines, which would be imposed by the selectmen.)
