The owner of a parcel of land on Musquash Pond told Jefferson’s Board of Selectmen at their Nov. 19 meeting that he was unaware of the town’s shoreland zoning ordinance and other regulations, but was prepared to respond to a list of violations sent to him by Code Enforcement Officer Stanley Waltz.
Waltz wrote to Pierre Girard of Richmond in September, telling him he must fill in a foundation hole that was dug without a permit and take other action to return the land to its previous condition.
According Waltz, Girard cut down trees, dug a foundation hole and placed stakes and string to designate the site. The property is at the end of a discontinued road and must be accessed via a private drive on property belonging to Richard Saltonstall.
“There used to be a cottage there and the guy removed it with no permit,” Waltz said at the board’s Nov. 5 meeting. He said the site was in the shoreland zone and that Girard did not place a silt fence or any other structure on the site to protect the pond from runoff.
Waltz received a call from Girard in October, saying he would respond in writing and take action on the list. Waltz has spoken with the Dept. of Environmental Protection’s Tom Gilbert about the matter.
“Where he dug the hole is probably five feet from the water,” Waltz said “He’s put the dirt between him and the lake. There’s a whole host of issues.”
Waltz said he was not sure Girard would be able to get a permit for the work he has done or might intend to do. He said trees and brush had been cleared to the water line and the land has been bulldozed.
“The hole is way too close to the lake,” he said. “It’s so close to the lake that it’s full of lake water.”
Waltz said Girard was required to fill in the hole, put up silt fencing and place hay over the open soil before winter.
On Nov. 19, Girard appeared before the board and told them he has done work on the property that was not in direct response to the list. He said his family has owned the property for several generations.
Girard said the old camp building was destroyed in “an unverified case of arson of a very suspicious nature.” He said he last saw the structure intact in December or January and discovered it had burned sometime in the middle of last winter. He said he did not report the fire to authorities.
“All I found was a smudge spot,” he said.
Girard said four of the eight trees he cut had been severely burned by the fire.
“I’m a retired licensed arborist in the state of Maine,” Girard said. He said the other trees were “beaver ringed.”
Waltz told Girard that even dead trees cannot be removed from the shoreland zone without the CEO’s permission, under an ordinance approved by Jefferson voters in March 2012.
Girard said the building now under construction replaces two outhouses that were falling down. He removed them without a required demolition permit and is building the new structure without Planning Board approval.
Girard claimed work on his driveway did not involve changing the footprint of that roadway or cutting any roots. He said a relative used an excavator to put bark mulch on the driveway, re-dug a ditch to divert water from the road and moved a pile of dirt to the side.
Waltz said topsoil has been removed from the site.
“There’s topsoil there,” Girard said. He said a berm was added to keep runoff away from the road.
Waltz said the dirt pile is too close to the water and dirt is going into the lake. He told Girard to move the dirt to a point uphill of the road and to surround the fresh soil with a silt fence on three sides.
Road Commissioner Alan Johnston said the end of the ditch is too close to the water. He said it was permissible to dig a ditchline to prevent erosion but that a dirt berm will not hold back soil or water. Girard was told to cover any loose soil with hay or straw.
Girard was told he must resolve the issue of the illegally cut trees. He must also go to the Planning Board to find out whether his new building is in an acceptable location. In any case, there may be fines for building without a permit.
A permit is required from the town within a year of the fire, estimated to have taken place in early February 2012. Any building or digging within 75-feet of the water would require a DEP permit.
An after-the-fact demolition permit will be required for the two outbuildings. Girard must also fill in or mark a hole he has excavated on the site, in order to prevent anyone from accidentally falling in. He was told to consult with DEP about any other requirements.
Girard was told to remedy the situation within two weeks so that Waltz could inspect it prior to the next meeting of the Board of Selectmen on Mon., Dec. 3 at 6 p.m.
For more information about the Jefferson Board of Selectmen and the town’s ordinances and codes, call the Jefferson Town Office at 549-7401.
