A new resident in Alna is facing a possible fine for renting out a cabin on her property and allowing a tenant to build a treehouse just a few feet away from the Sheepscot River.
Lisa Packard was called before the Alna Planning Board Monday, Jan. 5 to discuss the situation, which Chairman Doug Baston described as “one of the most egregious violations of the shoreland zone (regulations) that we have seen.”
The cabin in question was the subject of a 2005 lawsuit that is still a sore spot for many of Alna’s residents, planning board members said. Myles Jordan, a previous property owner, approached the planning board about rehabbing a duck camp on the property in the early 2000s.
The planning board approved the plan; however, Jordan built a full cabin, which he then used to operate a private business out of. The planning board took Jordan to court to demand that he remove the cabin. An agreement was reached where the cabin was allowed to remain on the property with restrictions for its use.
“This created a lot of ill will in town,” Baston said.
It was ordered that the cabin never be used as a single-family dwelling and no plumbing be installed, among other restrictions. The findings from the lawsuit were ordered to follow the deed, meaning future owners would have to abide by the same restrictions.
In mid-November, Packard purchased the property, which was in foreclosure. She was approached by an acquaintance with a request for permission to live in the cabin part time so he could be closer to his daughters, who live in Alna. According to Packard, he was staying at the cabin part time in exchange for handyman work on the property.
“It wasn’t a money-making scheme,” Packard said. “This all happened so fast. I haven’t even had a chance to read through everything,” she said while shuffling through a pile of paperwork on her lap.
The man, who Packard did not identify, asked Packard for permission to build a treehouse for his daughters for Christmas. According to planning board members, the treehouse was constructed around Dec. 21. The structure is in violation of shoreland zoning regulations, which prohibit structures within 150 feet of the shoreline.
“I certainly wouldn’t have said yes if I had known,” Packard said. “I’m just giving you a picture of my ignorance on this, which I’m deeply regretful about.”
After several complaints from residents to the planning board and selectmen, Alna Code Enforcement Officer Stan Waltz investigated. Packard was ordered to have the man vacate the cabin, which he did Dec. 26, according to planning board members.
Waltz presented his findings at the meeting. He said the treehouse was located within 50 feet of the water.
“I want to lean into this and solve it,” Packard said. “I want to make a positive contribution.”
“The treehouse has to go,” planning board member Beth Whitney said.
“We’d like to see some voluntary restitution,” planning board member Peter Tischbein said. “Take down the treehouse at your own expense, acknowledge the deed restrictions, then we can determine if a fine is needed.”
“I believe you that you didn’t know. You weren’t hiding anything,” Baston said. “But certainly a fine is a possibility. We need to make sure that the ordinance is enforced.”
It was decided that Waltz would write a letter to Packard detailing his findings. Packard would be given two weeks to respond to the letter’s findings. The planning board will then reconvene to determine if a fine should be administered for the zoning and deed restriction violations.
