Sheepscot Dam: State need not take action until studies complete

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COMMUNITY COMMENTARY

by Joseph Burke
Sheepscot Pond, Palermo, resident

As a 30-year seasonal resident on Sheepscot Pond, in Palermo, I write to voice my strong opposition to Maine state bill LD922, introduced by state representative and president of the Alewife Harvesters Association, Jeffrey Pierce. This bill orders the opening of the fishway at the Sheepscot dam to allow the entrance of alewife herrings, American eels and parasitic sea lamprey eels. This fishway, installed by the state many years ago has been closed each May and June during the spawning season to prevent damage being done to the lake’s indigenous population of salmon and togue by the lamprey eels which attach to and drain much of the life out of these fish.

The alewives present a possible contamination of the brown trout fingerlings in Palermo’s Fish Cultural Station just downstream from Sheepscot Pond, one of only eight fish hatcheries/rearing stations in all of Maine’s 6,000 lakes and ponds.

Moreover, the state’s representatives with whom we have met admit that the opening of the fishway year round could result in lowered water levels during dry years causing lake front properties to lose much of the use of their shoreline, especially their docks and other aids to boating, fishing and swimming.

For 30 years my wife and I, our children and nine grandchildren, not to mention the loons, the fish, the beaver and our nesting population of bald eagles, not to mention the other people of Palermo and surrounding towns through their participation in boating, the Fish & Game Club and organized fishing derbies have marveled at this balanced, clear, healthy living entity called Sheepscot Pond. Please, let’s keep it that way!

Simply put, no further action should be taken by the state until longitudinal studies in both environmental and engineering areas have been mounted, and Bill LD922 must be taken off the table completely, now!

CEO rules permit not needed for controversial dock in China

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by Mary Grow

China Board of Appeals members delved into a complex 58th Fire Road neighborhood dispute at their Sept. 7 meeting, ultimately denying Kevin Meader’s appeal of Codes Officer Paul Mitnik’s decision not to require permitting or removal of a controversial dock.

The final motion, approved 6-0 with Board Chairman Spencer Aitel abstaining, was that Meader’s appeal was denied because the dock is “grandfathered” and therefore the appeals board did not have jurisdiction.

An earlier motion made a finding of fact: the dock is grandfathered because testimony and evidence showed a dock had been in the same place for many years.

Yet another motion, approved by four board members before the final motion, said the right-of-way is not fully defined and therefore the appeals board cannot make a judgment. Board members Dale Worster and Michael Gee did not support the motion, saying the boundary is not an appeals board issue.

Meader and other residents of the subdivision who use the dock agreed on a few facts. The dock stands at the water end of a 15-foot-wide private right-of-way to China Lake; use and maintenance of the right-of-way is governed by an agreement among the residents.

The parties disagreed about whether the dock has been there since before China required permits for docks. If it has, it is “grandfathered” and can continue to be used, and when necessary improved, without a town permit.

Sheila and Brian Higgins, Christopher Pike and Stephanie Uhlman-Pike and Stan and Linda Rodrigue all said the dock had been there for many years – their now-grown children played on it. When the Higgins’ original wooden dock became too battered, Pike bought a replacement.

The Roderigues brought to the hearing an aerial photo showing the dock. Stan Roderigue said the photo dated from the days when the late Senator Edmund Muskie owned a China Lake home. (Biographies of the Senator refer to the family’s China Lake property in the 1950s and 1960s.)

Meader claimed the dock had been put in six years ago and was blocking half of the stairs to the lake. The rest of the right-of-way owners said there were no access or safety issues.

The exact location of the right-of-way is also disputed. During about eight years of argument – ever since the Meaders arrived, according to Sheila Higgins and Christopher Pike – involving lawyers and law enforcement personnel, two surveys were done locating the right-of-way boundary in two places five feet apart. A third survey has been commissioned but not completed.

Mitnik, in a written statement of facts that he summarized for the board, said Higgins did not need a permit to put the dock at the end of the right-of-way because the dock is grandfathered. A seasonal dock requires only one permit, not annual renewals, he said. Other issues, like the parties’ land use agreement, safety and trespass questions, he considers are not in his jurisdiction.

In 2016, according to the discussion, Meader put his own dock at the end of the right-of-way and Higgins put a dock off Roderigues’ land, with the Roderigues’ permission and an after-the-fact permit from Mitnik. Higgins said he moved his dock back to the right-of-way this summer because he did not want to continue having access over the Rodrigues’ land. Board of Appeals members found this information irrelevant to their decision.

China Voters will be asked to act on four business related items in November

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by Mary Grow

China selectmen are moving toward asking voters to act on at least four business items at the polls Nov. 7, in addition to local elections and state questions.

The potential questions ask if voters will approve:

  • A tentatively-titled “Local Food and Community Self-Government Ordinance,” as authorized under the 2017 state food sovereignty law allowing municipalities to regulate local food production;
  • A request to spend up to $8,500 from Unassigned Fund Balance (surplus) to build a fire pond on Neck Road;
  • A statement that all non-profit organizations asking for town funds are required to submit a financial statement, a question aimed at making permanent a policy often followed already; and
  • Authorization for selectmen to rent out space on the town’s communications tower. The proposed ordinance is borrowed from another small Maine town. Selectmen asked Town Manager Daniel L’Heureux to draft wording for the other questions. They plan to give them final approval at their Sept. 18 meeting, scheduled for 7 p.m. in the town office meeting room.

The budget committee met Sept. 11 and unanimously recommended voters approve the second, third and fourth questions, with a minor change in wording in the third one to require organizations’ “most recent” financial statements. The proposed ordinance did not require budget committee review. Officials to be elected are three members of the board of selectmen, two for two-year terms and one for one year to finish Joann Austin’s term after she resigns effective Nov. 1; Planning board members from Districts 1 and 3 plus the alternate at large; and budget committee members from Districts 1 and 3 plus the chairman.

Signed nomination papers must be returned to the town office by 11 a.m. Saturday, Sept. 23, for candidates’ names to appear on the Nov. 7 ballot.

In other business Sept. 6, board Chairman Neil Farrington reported on the most recent bicentennial committee meeting. Board members unanimously appointed the following people to the committee to plan the 2018 two-hundredth anniversary of the incorporation of the Town of China: Eric Austin, Donald Bassett, Irene Belanger, Bob Bennett, Farrington and Betty and Sherwood Glidden. More volunteers are welcome.

Selectmen agreed unanimously to allow The Town Line newspaper to rent space for a nominal fee in the old town house basement, after planned cleaning and renovations are finished.

CHINA: TIF committee approves preliminary engineering work on Causeway bridge

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by Mary Grow

China’s Tax Increment Financing (TIF) Committee voted unanimously at a Sept. 11 meeting to recommend that selectmen award a contract for preliminary engineering work for a new causeway bridge to Wright-Pierce Engineering, an East coast firm with Maine offices in Topsham and Portland.

Replacing the current bridge at the head of China Lake’s east basin with a new one with space for pedestrian walkways and fishing platforms has been an ongoing TIF project for months.

A TIF subcommittee, after lengthy discussions with representatives of three firms, recommended Wright-Pierce, at a price of $50,700. Wright-Pierce’s plan for preliminary work was comparable to and less expensive than its closer competitor’s plan, Tom Michaud said for the subcommittee.

If selectmen accept the recommendation, the company will be expected to conduct tests at the site of the proposed new bridge, advise on a design and get permits for the work. After preliminary work is done, selectmen will choose a contractor to build the new bridge.

A related expenditure committee members proposed is hiring an engineer from A. E. Hodsdon of Waterville as the town’s representative overseeing the work, at a price to be negotiated.

Example of a box culvert type bridge.

The current causeway bridge is old and beginning to deteriorate. It does not provide pedestrian and fishing space that TIF Committee members want as part of their plan to improve lake access. Some committee members want a new bridge to be high enough for canoes and kayaks to go under it.

Over the past few months, committee members have talked about either a box culvert or a slab bridge. Their decision will depend partly on the results of test borings and other studies, committee member Jim Wilkens said.

Committee members also seek improvements to the often-crowded boat landing just east of the causeway bridge. Town Manager Daniel L’Heureux said he and committee member Frank Soares prepared an application to the state Department of Conservation for more than $175,000 for a larger dock. He expects if the project is approved, the town will share the cost.

An example of a slab bridge

Committee member Irene Belanger asked if there is interest in reviving the former Lake Access Committee to look for a site for a public swimming beach on China Lake. She said while some former committee members want nothing to do with the project after voters rejected their proposal to buy the former Candlewood Camps property, others have asked her about trying again.

L’Heureux told the committee the state Department of Economic and Community Development approved adding tax payments from the new Central Maine Power Company substation off Route 3 to TIF funds. As a result, he said, this year’s payment should be more than $350,000, up from just under $279,000 last year.

The state also approved extending the program from the initial 20 years to 30 years, the manager said.

The next TIF Committee meeting is scheduled for Monday evening, Oct. 16.

ACBM library to receive support from Hannaford

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A Hannaford program has selected Albert Church Brown Memorial Library, in China Village, to be a part of the exciting and innovative Hannaford Cause Bag program, which is specially designed to support local nonprofits.

For every Hannaford Helps reusable bag purchased at the Hannaford located in South China during the month of September, $1 is donated to the library’s cause in order to help us fulfill their mission.

Tom Parent, president of the board of trustees says, “We continually appreciate all the support you give, which has allowed ACBM China Library to maintain the work we do in our community. The Hannaford Cause Bag program is a simple and fun way to continue this support.”

Please visit the Hannaford store located at South China during the month of September and buy the specially designed bag with the good karma message.

“Imagine if every one of our supporters purchases just one bag!” Parent continues. “What if everyone bought two! and, purchasing these beautiful Hannaford Helps reusable bags will support us while also helping to eliminate paper/plastic use.”

The board asks that individuals pass this exciting news on to your friends and family. Let them know that the Hannaford Helps bags are located on the reusable bag rack and at various registers.

Bolyns receive LakeSmart designation

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The China Lake Association has announced that Tony and Nancy Bolyn, of China, received the LakeSmart Award for their lake front property. They have trees, shrubs and ground cover near the water front that act as a buffer to protect the lake from phosphorous entering during rain events. There are shrubs and mulch around the perimeter of their house to help absorb any rain coming off the roof. LakeSmart volunteers are able to visit property owners to give ideas of how they can protect the lake on their property. A volunteer can be reached at chinalakesmart@gmail.com or by calling Marie Michaud at 207-242-0240.

McGinnis presented with LakeSmart award

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The China Lake Association has announced that Sherry McGinnis, on China Lake, has just won the coveted LakeSmart Award. Sherry has lived on the lake for 31 years. Her property has a strong buffer at the water front that still allows her to enjoy a great view of the lake. The Youth Conservation Corp added to the buffer several native plants and timbers in 2016. Thank you Sherry for protecting our lake! If you would like to schedule a visit from a LakeSmart Volunteer, please contact Marie Michaud at ChinaLakeSmart@gmail.com or call 207-242-2040.

Bicentennial committee gears up for China’s 200th birthday

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The old Weeks Mills one-room schoolhouse, built in 1860 — newly upgraded with Wifi and electricity!

by Eric W. Austin

Funny how you can spend half your life in a place and still discover something new, I think, as I head down Old Weeks Mills Road to a meeting with China’s Bicentennial Committee.

The meeting is being held in the old Weeks Mills one-room schoolhouse.

Blue lights blink at me as I enter: a modem plugged into the wall just inside. It seems out of place in such an historic setting. The building was restored seven years ago and gleams with clean, whitewashed walls and dark, stained-wood floors.

Wifi and electricity are two modern conveniences that Neil Farrington, China selectman and local history enthusiast, hopes will encourage the next generation to use the building.

“It’s the perfect place for tutoring or to do homework,” he tells me as we wait for the other committee members to arrive.

He’s right. It sounds like a library in here. I feel compelled to use my inside voice.

We’re soon joined by Betty Glidden, who attended class in this very schoolhouse until the eighth grade, her husband Sherwood, and Bob Bennett, a retired history teacher who taught at Erskine Academy, in South China.

The committee has been tasked with planning celebrations for China’s 200th anniversary next year. The talk turns to the many unknown – and unnoticed – places of historical interest in China and the surrounding areas.

“We once had more than 20 schoolhouses just like this one in the areas of China, Weeks Mills and Branch Mills alone,” says Neil. “Imagine that!”

“And there are a ton of little cemeteries all over the place,” I say. “I bet they each have a story to tell.”

“Twenty-eight,” Neil supplies. “Maybe more.”

Neil is big on getting the community involved. Everybody agrees. Bob Bennett tells us how he encouraged his students to conduct interviews to add color to their term papers. Heads nod. China has a rich, deep history, but it’s locked away in the minds of its older citizens and hidden in quiet corners of the landscape.

I pipe up and offer to interview some of our senior residents and share their unique experiences with readers of The Town Line.

“Before they’re lost forever,” says Bob. The prospect is sobering for this little group of history buffs.

A reverence settles over us as we shuffle out of the little schoolhouse. There’s something about considering the vastness of history: you get the sense both of your own insignificance and yet also of our eternal connection to what has gone before.

Do you know someone with a story to tell? Contact The Town Line at townline@fairpoint.net or visit our contact page !

CHINA: Planners OK storage facility

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by Mary Grow

At their Aug. 22 meeting, China Planning Board members unanimously approved Troy Bulmer’s application to turn a large garage on his property at 151 Dirigo Road into a storage facility for motorcycles, jet-skis, boats and similar seasonal motorized items.

His plan, Bulmer told board members, is that people will bring in their equipment in the fall, remove batteries and go away until spring. He plans no additional outside lighting, new construction or other external changes.

Board members voted unanimously that no public hearing was needed, given the distance from neighbors’ property, lack of external changes and minimal impact on traffic on Dirigo Road. They found Bulmer’s plan met all ordinance criteria.

The only reservation was about fire protection for the apartment on the second floor, which Bulmer said is occupied. Board members considered requiring changes, like additional insulation above the garage. Ultimately, they left it to Codes Officer Paul Mitnik to determine what, if anything, Bulmer needs to do.

Mitnik said under the Maine Uniform Building and Energy Code (MUBEC), he must issue a certificate of occupancy, for which he needs to inspect the property.

Bulmer said if he is required to do extensive rebuilding he’ll abandon the project. After the discussion of Bulmer’s project, board members turned again to review of town land use ordinances, in which Mitnik has discovered inconsistencies and gaps. Board Chairman James Wilkens’ offer to draft clarifications of the first few definitions, as needed, and bring them to the Sept. 12 board meeting was accepted.

Mitnik expects at least two applications will be on the Sept. 12 agenda.

CHINA: Austin retiring from board effective Nov. 1

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China selectman, Joann Austin

Joann Austin is retiring from the China Board of Selectmen on Nov. 1, with a year left of her current term, because, she said, she has been sick all summer.

Board Chairman Neil Farrington announced her pending resignation at the Aug. 21 board meeting. Board members accepted her decision with deep regret. Former Selectman Robert MacFarland led a round of applause from the audience in appreciation of her many years of service.

Town Manager Daniel L’Heureux said nomination papers for a one-year term as selectman would be available Aug. 22. Signed papers will be due by 11 a.m. Saturday, Sept. 23, along with all other papers for candidates’ names to appear on the Nov. 7 local ballot.

Nomination papers are already available for two two-year terms on the Board of Selectmen (Irene Belanger’s and Ronald Breton’s terms end this year); three two-year terms on the Planning Board (representatives from District 1, currently James Wilkens, and District 3, currently Milton Dudley, and the alternate position held by Ralph Howe, elected from the town at large); and three two-year terms on the Budget Committee (Chairman Robert Batteese, District 1 representative Kevin Maroon and District 3 representative Sheryl Peavey).