Following a review of town ordinances and planning board procedures, the Dresden Board of Appeals voted to grant the appeal of a conditional use permit issued by the Dresden Planning Board in January.
Meeting Thursday, May 16, the board of appeals voted 3-1 to overturn a conditional use permit issued to Richmond resident Nathan Tribbet for a ledge pit operation on 778 Middle Road. Appeals board member Jeffrey Bickford voted in opposition, saying he felt the planning board followed its procedures correctly.
According to temporary board of appeals chair Paul Tunkle, the board found Tribbet’s permit was in compliance with all Dresden standards except for the requirement for compatibility with the character of the neighborhood.
“On that point we have disagreed and said that the planning board did err in that conclusion,” Tunkle said.
Dresden Board of Appeals Chair Allan Moeller recused himself during the board’s May 9 meeting, saying he was too personally involved in the situation.
Abutting property owners Barbara and Michael Fraumeni appealed the planning board’s decision granting the permit, citing the ledge pit’s lack of compatibility with the character of the neighborhood. The proposed ledge pit would operate in the town’s rural living district, a point that has been voiced by many residents who opposed the project.
According to the Fraumenis, the ledge pit operation does not align with the town’s land use ordinance or comprehensive plan. The couple believes a ledge pit will greatly affect quality of life for local residents and wildlife.
The Fraumenis filed their appeal with the town on March 5. They are represented by Russell B. Pierce, Jr., of Portland-based firm Norman, Hanson & DeTroy.
Tribbet’s ledge pit operation has long been a point of contention for some Dresden residents. Tribbet operates under the name MTN Sand & Gravel. He is represented by Benjamin Smith, of Augusta-based firm Smith Legal LLC.
Tribbet did not respond to requests to comment.
In January, the issue sparked a citizen’s petition for a moratorium regarding mineral extraction facilities and operations in Dresden. The moratorium will be discussed during a public hearing on Wednesday, May 29.
Tribbet’s application to operate a ledge pit on Middle Road was first reviewed by the planning board in December 2022. The board issued a conditional use permit to Tribbet in January 2023.
In March 2023, the Fraumenis filed an appeal of the board’s decision, alleging that pit operations could damage neighboring property, be harmful to the environment, and may not comply with local, state, and federal law.
Tribbet reapplied for a conditional use permit, with the planning board’s review of the new application occurring at a meeting in November 2023. The planning board held a public hearing on Dec. 13, 2023 to gather insight from the public. Determining Tribbet’s site plan met the standards set in the town’s land use and development ordinance, the planning board unanimously voted to approve a conditional use permit for Tribbet’s ledge pit on Jan. 10.
Tribbet owns a 50-acre property on Middle Road and plans to use 10 acres at a time to comply with the town’s land use and development ordinance, according to the site plan filed with his November 2023 application.
The conditions associated with Tribbet’s permit included following all applicable federal and state laws, and Dresden ordinances. Additionally, all permits associated with Tribbet’s operations needed to be in place and the ledge pit operation needed to be continuously monitored by Dresden Code Enforcement Officer Greg Lumbert.
The board of appeals meets on an as-needed basis at Pownalborough Hall, located at 314 Patterson Road.
