The Newcastle Board of Selectmen voted Aug. 23 to halve the fine levied on Marcia Trentin, 80, for her violation of the shoreland zoning ordinance on the condition that she pay for and implement a replanting plan.
Trentin was originally fined $3400 for cutting down alder bushes on her neighbor’s property with the intent of creating a water view. In the eyes of the selectmen, Trentin had knowingly violated the shoreland zoning ordinance prohibiting the cutting of brush within 75 feet of the shore and had deceived a landscaper, Kevin Steele, into cutting down the bushes.
A replanting plan for Trentin’s property was developed by Buzz Pinkham, owner of Pinkham’s Plantation, a landscaping and gardening center in Damariscotta. The plan calls for replacing the removed alders with a variety of low to the ground erosion-controlling plants.
“I’m satisfied with what they’re doing,” said Code Enforcement Officer Stan Waltz.
Debate ensued when it appeared that the replacement of alder bushes with other types of low to the ground plants ultimately benefited Trentin: she appeared to get her water view at the cost of a zoning fine.
“Is this a stupid law that we’re trying to enforce?” said Selectman Lee Straw.
The removal of the alders also ultimately seemed to be better for soil erosion: the new proposed low to the ground plants prevent more soil erosion than do alders.
Chairman of the Board of Selectmen Ellen McFarland dismissed the argument that Trentin was somehow benefiting from her violation.
“It wasn’t an erosion problem, it was brought to us because of the clearing,” said McFarland. “We have to take it for what it is.”
After reviewing and approving the replanting plan, the Board of Selectmen voted to reduce Trentin’s fine to $1700 pending its completion.
According to Pinkham, the replanting will cost an estimated $1000. The replanting must be complete by Sept. 16.
Straw gave his approval to the final deal. “It address everybody’s concern,” he said. “It reduces Mrs. Trentin’s fine, it puts the lakeshore back to a state where it’s protected, and it sends a message to other landowners saying, ‘This is not something you can do.'”
In other businesses, Newcastle’s town attorney Peter Drum informed the Board the town will be seeking an irrevocable letter of credit from whatever bank or financial institution lends money toward the proposed building of the Newcastle Harbor House at 75 Main St.
The application for the Newcastle Harbor House is currently before the Newcastle Planning Board.
According to Drum, an irrevocable letter of credit requires a bank to sign off on a contract that mandates the institution agrees to provide credit to the building project and will pay the town for any part of the project that is not completed by a predetermined date.
According to Drum, the town is given a line item budget of the proposed project. The town then determines a date on which each item should be completed.
If an item isn’t completed by the predetermined date, then the town is given authorization to go the bank, withdraw the money set aside for the project, and complete the project itself.
“It achieves two purposes,” said Drum,” It gets you the money with limited pain for the town…and it makes sure that the developer completes the project in a decent amount of time.”
The Board of Selectmen moved into executive session to discuss the matter further.
