Vassalboro planners approve two shoreland expansions

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by Mary Grow

At their Oct. 1 meeting, Vassalboro Planning Board members unanimously approved two applications to expand buildings in shoreland zones.

Bryan Moore may make an addition to his year-round home at 152 Park Lane, in the Three Mile Pond shoreland; and James and Karyn Darby may add a new bedroom to their Webber Pond camp.

Each building is less than 50 feet from the respective lake. Neither addition will decrease the distance to the water.

Planning board members complimented both applicants on their thorough applications.

Review of Moore’s application took more time, because the building has a complicated history in relation to the town’s shoreland ordinance. He explained that he intends to remove an addition by a former owner, under different regulations, to make his proposed change meet current requirements.

The allowable expansion depends on the size of the building, and the rules for establishing the size have changed, from floor area (which includes a second-story floor) to footprint (the area of ground covered). Calculators appeared as Moore and board members subtracted and added square footage.

Board members briefly discussed trees cut to make room for the addition – more than expected, Moore said, because the arborist found rotten ones. They decided Moore does not need to replace the trees.

The Darbys’ proposal to add a room on the back of their camp was uncomplicated and took less time to gain approval.

China town staff tells selectmen of rude treatment by residents

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by Mary Grow

China selectmen reacted with indignation when Town Clerk Rebecca Hapgood and Town Manager Dennis Heath told them people are rude to counter staff in the town office.

In addition to the usual daily business, people have been calling and coming in to question, dispute or pay their taxes, and Hapgood said staff have dealt with many “ill-mannered, vulgar and threatening customers in person and over the phone.”

Ronald Breton, acting chairman at the Sept. 30 selectmen’s meeting, pointed out that staff are not responsible for the tax rate or town policies; he invited people who want to complain to talk to selectmen. He also advised counter staff to politely decline to serve rude customers. And, board member Donna Mills-Stevens added, don’t hesitate to call 911 if necessary.

Hapgood said there are two other problems: some taxpayers are so out of practice writing checks that they make them out incorrectly or forget to sign them; and others look at only the top of the two little slips on the bottom of the bill and if the cents are an odd number, pay a penny short.

For example, if a bill is for $4,000.21, the September half payment is for $2,000.11; the March 2020 half payment, on the upper of the small slips, is for $2,000.10.

Heath estimated so far about 50 taxpayers owe a penny each for this error. He and Mills-Stevens doubted it would be legal to simplify things by rounding the hypothetical bill up to $4,000.22. He said he would see if there are other options.

The manager said now that China is down to two part-time patrolling policemen, Craig Johnson from the Kennebec County sheriff’s department and Jordan Gaudet from the Hallowell police department (plus continuing administrative and logistical support from the Oakland police department), he asked Johnson to develop a cost estimate for a full-time China officer. He is not yet ready to consider making a proposal to selectmen.

Heath gave selectmen a revised schedule of proposed fees for town office services like making copies, emailing, FAXing, notarizing and using the telephone (see The Town Line, Sept. 19). Board members approved it unanimously.

Looking back to earlier decisions, Heath reported the transfer of town funds to Bar Harbor Banking and Trust is well under way; and work has started to make the town’s new portable classroom, currently in Oakland, mobile. The building will be brought to the town garage lot until a pad on the town office grounds is ready and then moved there at no additional cost (see The Town Line, Sept. 19). Heath proposes using it as police office.

Selectmen again had to postpone action on the application for a Tax Increment Finance loan for Buckshot Power Sports because they lacked final supporting documents. Heath explained that review of part of the application was delayed because a computer crash required owner Mike Rackliffe to hand-write financial information.

The next China selectmen’s meeting is moved from the usual Monday to Tuesday, Oct. 15, to avoid the renamed Indigenous People’s Day holiday. It will be preceded by 6 p.m. public hearings on Nov. 5 local ballot questions and on amendments to the General Assistance Ordinance appendices.

Area roads not affected by questionable pavement sealant

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by Roland D. Hallee

Recent awareness of several motor vehicle crashes on Route 225, in Rome, has prompted the Maine Department of Transportation to suspend the use of an asphalt sealant that has been used. The investigation will focus on the mixture used in the sealant and whether that is the cause of the slippery road conditions. It has been described as resembling the effects of black ice. It is not exclusive to Maine, but has occurred throughout the United States.

“Fogging,” as it is called, is an inexpensive way of slowing the break down of pavement that is commonly used on certain spots or stretches of road.

The material and its use is normally a light application of a diluted asphalt that gets its name from the way it is applied.

The next step in the investigation will be to see if the sealant was properly applied. The company that did the work is Down East Emulsions LLC and applied by SHOem Roadway Services LLC, under the direction of the MDOT.

Locally, it was noticed this past summer that some sort of sealant was applied along the breakdown lanes on Route 3, as it passes through China, because of its shiny, wet-looking surface during dry conditions.

China Town Manager Dennis Heath said, “I do not believe the sealant is part of the process for our roads.” The town contracted for hot-mix asphalt shim and overlay. Heath continued, “As I understand it, the sealant at issue is ‘fogged’ onto the road surface as a low-cost separate application to extend the life of a road’s pavement until it can be repaved.”

Heath also interjected, “Our friends in Ireland can attest to why it is important to slow down on wet roads. The water alone presents the possibility of lost traction, but when mixed with the build-up of oil and tire residue, you have the makings of an oil slick that is treacherous.”

Vassalboro Town Manager Mary Sabins stated, “I am not aware of this sealant problem in our area. I only became aware of it when I saw the story on the news.”

Fairfield Town Manager Michelle Flewelling confirmed that “nothing like this product has been applied by the town of Fairfield in the town of Fairfield.”

However, MDOT has a project on Rte. 201 that starts in Fairfield and goes to Skowhegan. This project was contracted to Pike Industries. The breakdown lanes do appear to have had a similar application.

Flewelling then added, “My public works director did mention that he spun a bit when he attempted to leave the Good Will-Hinckley campus this morning to go back onto Rte. 201.”

According to the three town managers, the sealant in question has not been used on town roads by their respective road crews.

It seems that only state roads have had the sealant applied in various locations.

An email sent to the Maine Department of Transportation was not returned by press time.

Charter Communications to drop Disney Family Movies

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Charter Communications (“Charter”), locally known as Spectrum, is making its customers aware that on or around October 31, 2019, Disney Family Movies On Demand will cease transmission in the channel lineup serving your community

To view a current Spectrum channel lineup visit www.spectrum.com/channels.

If you have questions about this change, please feel free to contact them.

Waterville receives $370,415 to assist area fire departments

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Photo: Waterville Fire & Rescue Facebook page

The Federal Emergency Management Agency (FEMA) announced today $83.27 million in direct assistance grants to 364 fire departments nationwide through the agency’s Fiscal Year (FY) 2018 Assistance to Firefighters Grant (AFG) program. Additional phases will soon be announced.

The Waterville Fire Department will receive $370,415 from FEMA for an Assistance to Firefighters Grant (AFG). This is a regional grant to purchase nine cardiac monitors to be used by the fire departments in Albion, Clinton, Fairfield, Waterville and Winslow.

This grant is funded through FEMA’s Assistance to Firefighters Grant (AFG) program. Eligible applicants include local fire departments, fire districts, nonaffiliated EMS organizations, tribal fire departments and State Fire Training Academies. The grant applications are submitted from each agency directly to FEMA, where the applications are reviewed and scored by fire service personnel from throughout the nation.

FEMA obligates funding for this project directly to the recipient agencies. It is the recipient agency’s responsibility to manage their grant award within federal guidelines with technical assistance and monitoring provided by FEMA Fire Program Specialists.

Additional information about FEMA’s Assistance to Firefighters grant program(s) may be found at https://www.fema.gov/firegrants.

Vassalboro looks to repair or replace three culverts

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by Mary Grow

Vassalboro has three large culverts that need repair or replacement, and limited funds for special road projects. Town Manager Mary Sabins and two public works department members therefore went to a program on grants at the end of August. One outcome was a request from a private company to discuss grant application procedures.

Consequently, town selectmen, Sabins, Road Commissioner Eugene Field and crew member James “J.J.” Wentworth met Sept. 26 with Esther Bizier from Main-Land Development Consultants of Livermore Falls. The participating audience included two Vassalboro residents, Nate Gray from the Department of Inland Fisheries and Wildlife and James Foster, who is with VHB, Inc (Vanasse Hangen Brustlin) of South Portland. The culverts are on Gray Road, Whitehouse Road and Cross Hill Road. For months, Field and selectmen have intermittently discussed options for the Cross Hill Road culvert, which has crumbling concrete and water running under it.

The Sept. 26 discussion focused on which of the three would be most likely to get the most money if town officials applied for a state Stream Crossing Grant. Participants talked about application requirements, an area in which Sabins said neither she nor Field has a lot of expertise; timetables (the deadline for this fall is Nov. 12, but there will be another window in the spring); and criteria for receiving a grant. Bizier said positive effects on fish habitat count for 50 percent, infrastructure improvement and public safety 25 percent and cost efficiency 25 percent.

The maximum grant is $92,000, Sabins said. A municipality can apply for two grants at a time.

After reviewing the potential costs and value of work on each of the three culverts, selectmen voted to retain Main-Land to prepare an application for the Gray Road culvert, for a $4,500 fee, and to hire Foster to work with Field on an application for the one on Cross Hill Road.

They made no further commitment at this point. Board Chairman Lauchlin Titus said before Nov. 12 they will decide whether to submit both applications or only one.

Committee to revise comprehensive plan

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by Mary Grow

China’s Sept. 25 Compre­hensive Plan Committee meeting began with Kennebec Valley Council of Governments planner Joel Greenwood and one committee member; eventually, three more members arrived for a rambling discussion of the comprehensive plan sections on economic development and transportation.

The committee’s purpose is to develop a revised comprehensive plan to replace China’s 2008 version. Greenwood said at an earlier meeting he expects a draft by the end of the year, local and state review early in 2020 and perhaps acceptance or rejection by voters at the 2020 town business meeting in March or early April.

At the Sept. 25 meeting, those present reaffirmed a July decision to encourage focusing economic development along the Route 3 corridor (see The Town Line, Aug. 8) and agreed that attempts to provide public transportation have not been successful.

Informal suggestions for promoting economic development included installing water and sewer systems (Irene Belanger’s idea that she and everyone else agreed would be too expensive to be practical); reducing taxes, especially the personal property tax (Tom Rumpf’s idea); or installing a charging station for electric cars (Belanger’s idea).

Rumpf would especially like to bring in manufacturing, which would add employed people to the local population, and more retail businesses. Retirement homes and medical facilities would also be useful and would work together, he pointed out. Town water and sewers would be an incentive for that kind of development, Belanger said.

Rumpf, president of the China Four Seasons Club, told the group recreational trails are an important asset. China has 57 miles of trails, he said, and people on snowmobiles and four-wheelers bring significant amounts of money into town.

The next Comprehensive Plan Committee meeting is scheduled for 6 p.m. Wednesday, Oct. 23. Interested residents are welcome.

Board finally approves medical marijuana business

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Location of proposed medical marijuana operation on Route 3 in China. (photo from Google maps streetview)

by Mary Grow

At their Sept. 24 meeting, China Planning Board members unanimously approved Clifford Glinko’s much-discussed application to open a two-part marijuana business in South China (See The Town Line, Sept. 12 and Sept. 19).

Glinko, a licensed medical marijuana caregiver, plans to divide the building that formerly housed Mainely Trains and other businesses into two separate suites. One will be a medical marijuana growing space, the other a retail store for recreational marijuana accessories.

The building is in a Resource Protection Zone because it is close to wetlands. Agricultural operations are allowed in this zone. A new business would not be, but planning board members found retail use of the building is grandfathered, because it has been used for retail purposes up to September or October 2018.

Board members voted unanimously that the proposed businesses met all criteria in China’s Land Use Ordinance. They added five conditions to the permit, all of which Glinko readily accepted:

  • The retail suite must meet Americans with Disabilities Act requirements for designation of handicapped parking and accessibility.
  • The septic system must be inspected twice a year by the codes officer and, if it fails, replaced with a holding tank; Glinko said Jack Lord, who runs a soil testing business in South China, has designed a replacement. Board members believe the current system is a pre-1958 cesspool which is grandfathered and can be used until it fails.
  • If the state fire marshal requires a sprinkler system, Glinko must provide evidence that the well provides enough water. Glinko has no information on the well; he said he does not expect he will be required to have a sprinkler system.
  • Glinko is not to do any manufacturing in connection with his growing operation. State law defines manufacturing in two different places, board members found. They agreed manufacturing does not include basic operations like drying the plants.
  • The two businesses must be clearly and completely separated, with a firewall between them and separate entrances. People working in the growing area will be allowed to use the toilet facility in the retail area.

Action on the application has been repeatedly postponed because board members and town attorney Amanda Meader found state law and regulations keep changing.

Board members also got inconsistent information. For example, a Department of Education spokesperson told Ralph Howe that Glinko’s business had to meet the 1,000-foot setback requirement from a school (Grace Academy is a private school on the south side of Route 3). Meader, working cooperatively with Maine Municipal Association legal staff, found the setback was not required for cultivation facilities.

“This has been a learning experience for all of us,” board Chairman Tom Miragliuolo commented as the Sept. 24 meeting ended with mutual thanks and praise for Meader.

The next planning board meeting is scheduled for Oct. 22.

Two successive codes officers correct in allowing structure

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by Mary Grow

The China Board of Appeals ruled unanimously Sept. 26 that two successive town codes officers were correct when they allowed Nicholas Namer to add a structure – exactly what it is was one of the points in contention – on his waterfront lot where his mother could live in the summer.

Neighbors Kimberly and Anthony LaMarre appealed the codes officers’ decisions, contending Paul Mitnik and his successor, current codes officer William Butler, misinterpreted China’s Land Use ordinance.

The structure in question looks like a small gray house set on concrete blocks, with a peaked roof, steps leading to the door and wheels under it. Different people testifying at the Board of Appeals hearing called it a Park Model recreational vehicle and said it has sewer and electrical connections and is registered as a motor vehicle.

Namer put the structure on the lot in early July 2018 without a permit. Previous owners had had a camper, grandfathered under town ordinance. The lot is not large enough to accommodate another permanent building under China’s shoreland regulations. According to the LaMarres’ written appeal, there are already five non-conforming permanent structures.

In July 2018, the LaMarres appealed to Mitnik, who first issued a notice of violation. After review, he issued a permit in August 2018, calling the structure a recreational vehicle and not a building.

The LaMarres did not appeal the permit within the required 30 days because, they said, they did not know it had been issued; repeated inquiries at the town office brought no reply.

In the spring of 2019 the LaMarres, finding the structure still there, contacted Butler. Butler orally reaffirmed the permit. The LaMarres appealed his action within 30 days, leading to the Sept. 26 Board of Appeals meeting.

Board of Appeals members had two questions to answer. The three lawyers present, Edmond Bearor and Stephen Wagner, of Rudman Winchell (Bangor), representing the LaMarres, and William Lee III, of O’Donnell Lee, P.A. (Waterville), representing the Namers, presented testimony on each issue, supplemented by their clients and by neighbor Jeffrey LaVerdiere.

The first question was whether the board had jurisdiction in the case. Bearor argued that although the LaMarres’ appeal of the 2018 permit was late, it was the town’s fault, not theirs; they did nothing wrong, and the delay did no harm to Namer, so the board should accept the belated appeal.

Lee replied that the LaMarres were at fault for not following up when their questions about the permit were not answered and thus lost their first chance to appeal. Butler’s oral confirmation of the permit in July 2019 did not start a new 30-day window. Therefore the appeal was invalid and the board should not hear it.

Two board members, Robert Fischer and Lisa Kane, voted they lacked jurisdiction, and two others, Michael Gee and Anthony Pileggi, voted they could act, forcing Chairman Spencer Aitel to break the tie, He sided with Gee and Pileggi and moved on to the second question, whether the permit was correctly issued.

Although complicated by issues like the trees Namer cut (with Mitnik’s approval, he said), setback from lot lines and alleged drainage changes, the main question was whether, under China’s ordinance, the structure was a recreational vehicle replacing a previous grandfathered camper, or whether it was a mobile home or some form of manufactured housing.

Subsidiary questions included whether its being in a different part of the lot from the previous camper was important; whether it could be moved; and whether, if it were a recreational vehicle, Namer could leave it on the lot year-round.

After a wide-ranging discussion, board members focused on whether Namer had a recreational vehicle that was legal because it replaced the grandfathered camper. They decided he did and voted 4-0, with Aitel abstaining, that the permit is valid and its issuance meets China ordinance definitions and requirements.

They therefore denied the LaMarres’ appeal Aitel promised a written decision within a week and reminded the LaMarres that they have 30 days to take the board to court if they so choose.

Vassalboro board denies Dodges’ administrative appeal

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An annotated photo of the Dodge property and proposed structure, which was presented at the Board of Appeals hearing on Tuesday. (Annotated by Joshua Dodge)

by Eric W. Austin

Rena and Joshua Dodge were great friends with their neighbor, Richard Breton, until he decided to build a lighthouse on the hilltop behind their residence on Priest Hill Road in Vassalboro. On Tuesday, September 24, nearly 30 people crowded into the central meeting room at the Vassalboro town office for a hearing on the dispute before the Board of Appeals.

Thirteen years ago, the Dodges purchased five acres in a secluded area on Priest Hill Road. Breton owns a wide swath of land bordering the Dodges’ property on three sides. The Dodges were attracted to the location because of the property’s isolation and privacy, and with that in mind, built their new home well back from the road.

“It was secluded; it has privacy,” Joshua Dodge said, describing their motivations for purchasing the property.

Three years ago, the Dodges added a swimming pool behind the home for their family and two children, age 6 and 9, to enjoy, far away from prying eyes.

Both parties enjoyed a cordial relationship for more than a decade. At the hearing, Joshua Dodge referenced “many a dinner of pizza with [Breton] and the kids” at a picnic table in the back yard. “Good times there,” said Dodge.

But goodwill between the parties began to collapse a few months ago when Breton brought the Dodge family plans for a three-story structure he was thinking of building on the hill overlooking the backyard of their house.

“The whole reason we filed the administrative appeal,” Dodge said at the hearing, “is because we feel the location is a huge invasion of privacy.”

The planned building was described at the hearing as a three-story structure, approximately 35 feet high, with the third story entirely encased in glass windows and a balcony surrounding the upper floor (hence the term “lighthouse”), which would perch at the top of a small knoll on land owned by Breton but directly behind the Dodges’ residence.

The building would be rented out “three to four months” of the year, according to Breton, as it would be inaccessible during the snowy winter months.

At the hearing, Breton repeatedly insisted the purpose of the building was not to invade the privacy of the Dodge family. “I’m not building this thing to spy on them,” Breton said at one point. “I would die for their kids. They’re great people, great kids, but I’m building this thing to look over my big field.”

The initial building permit was issued by former Codes Enforcement Officer (CEO) Dick Dolby on August 8, but Dolby was not present at the hearing as he has recently taken a position with the Augusta Fire Marshal’s office. However, current acting CEO Paul Mitnik was on hand to answer regulatory questions.

“[Mr. Breton] obtained a septic permit today, and a plumbing permit last week,” Mitnik confirmed.

A number of possible regulatory issues were raised: Was the structure too close to an area designated as a wetland? Not according to the Town Shoreland Zoning map supplied by GIS which the town uses to identify wetlands. Does the structure need a fire access road? No, not for a rental property. Was the structure, as a rental property, considered a new business? No, rental properties are not considered a business as defined by town regulations.

The Vassalboro Board of Appeals, from left to right, Gary Coull, chairman Kathy Lees, John Reuthe and Leon Duff. (Photo by Eric W. Austin)

Appeals Board member John Reuthe stated, “Mr. Breton has followed everything he’s supposed to do. Whether it’s the right thing to do, that’s up to him. That’s the hard part. You can be right, but do you actually win the war?” To which Breton replied, “No, nobody wins the war in this.”

Appeals Board member Leon Duff, who had visited the location of the planned structure, added, “I looked at it, I walked it, I saw the [picnic] table on the crest…I have kinda come to the conclusion in my mind that, with all the acreage available, why would you build such a structure so close to another structure? I don’t understand that. It makes no logic to me. And I read the [submitted correspondence]…I’m kind of puzzled about why Mr. Breton has decided to go ahead and do it. There are so many options available, because of the land that is owned, and so I’m troubled with that.”

In the end, with no regulatory issues identified, the committee could not find a reason to deny Mr. Breton a permit for construction.

Appeals board chairman, Kathy Lees, summed up the meeting: “The appeals committee has been unable to negate the process [of construction] because we don’t have any standings to suggest that there was something inadvertent for malicious intent or [anyone was] misinformed.

“The opinion of many sounds like this is unattractive, this is going to deter from the natural space, and that you find it unattractive, unpleasant and it has become an emotional hardship due to failed efforts to communicate and come to common ground…But our committee cannot rule that this has become an issue of pure safety or something we can stand to offer a stop, a solid stop, on the project. But I’m afraid that the efforts for communication have fallen on deaf ears, and opinions will continue to fly.”

Contact the author at ericwaustin@gmail.com.

CORRECTION: The building permit for Breton’s proposed structure was issued on August 8, not August 18. The article has been updated.

CORRECTION: A previous version of this article stated that the Dodges initially purchased their property from Mr. Breton. That was incorrect and has been removed from the article.

EDIT: The previous photo, created by the author of the article, has been replaced with the annotated photo presented at the hearing on Tuesday. The original photo used with the article can be seen below.

The original annotated photo of the site. Google maps photo.