Jefferson will pursue an alleged shoreland zoning violation on Erskine Point on Damariscotta Lake. The Board of Selectmen voted at their Jan. 17 meeting to direct their attorney to continue work on the matter.
The alleged violation involves the removal of trees and ground cover from land abutting the lake. The property owner, John Erskine, said all the trees that were removed were storm-damaged, diseased or posed a hazard. Town ordinance and state law allow for the removal of such trees in the shoreland zone.
According to several letters and documents associated with the case, Erskine said some of the stumps and cleared groundcover are the result of cutting done years ago, prior to his becoming sole owner of the property.
Town officials said at least 30 trees were removed, some of which appear to have been healthy trees, removed in violation of shoreland zoning ordinance. The town also alleges that ground cover was illegally removed from an area on the property and the area was “heavily mulched,” according to a letter sent to Erskine from the town’s attorney.
Both parties agree that several trees were removed last summer following a storm. Erskine said about a dozen were damaged in a lightning storm. Working with a local licensed arborist, Erskine said he also had six or eight diseased and hazard trees removed at that time.
Town officials have photographs of dozens of stumps on the Erskine property, some of which they said were healthy trees cut in excess of the amount allowed by ordinance.
In early October, the Maine Dept. of Environmental Protection’s Shoreland Zoning Coordinator Deirdre Schneider toured the property with Jefferson Code Enforcement Officer Stan Waltz.
In a letter to the town following that visit, Schneider wrote: “…it appears that some clearing of the understory was done in excess of what is permissible under the shoreland zoning clearing standards. I also observed numerous stumps on-site, some exhibiting signs of disease and decay, while others appeared healthy. However, due to various storm events and other factors, the extent of clearing beyond what is permissible and whether any trees were impermissibly removed is somewhat unknown.”
About the cleared areas, Schneider wrote: “Some areas on the site seemed to be well maintained… [in] an area where it was acknowledged that some clearing of the understory was in excess of what is permissible under the rules.”
In her letter, Schneider writes that if the town feels violations were committed, it would be proper for the town to levy a monetary fine and require replanting.
For the alleged violations, the town issued a $9000 fine and the requirement that Erskine replant nine trees and maintain them for at least five years.
In a letter earlier this month, Erskine responded that he does not believe any violation was committed. Erskine offered to replant four trees “consistent with our commitment for protecting the Lake and surrounding environment and out of a desire for a resolution,” but said he will not pay any fine.
“Those trees that were removed were removed by a licensed arborist from Jefferson after inspection of each tree,” Erskine wrote. “We are unsure of the basis for the Town’s claims … that it ‘appears’ healthy trees were removed; they were not.” Erskine wrote in the letter that the mulched area is woodchips left over after the clean up of storm-damaged trees. “…some branches and smaller pieces of wood were chipped and left in place.”
The selectmen voted unanimously on Jan. 17 to reject Erskine’s offer of four trees and no fine and to “pursue the matter at the next level though [their] attorney.”
In a telephone interview on Jan. 24, Greg Johnston, chairman of the Board of Selectmen, said the town is currently waiting to hear back from their attorney about what they will do next.
