[From the U.S. Government Printing Office, www.gpo.gov]
Maine's oastal Program PROGRESS REPORT Period Ending October 31, 1987 Eastport -Asango achias Augusta Sar Harbor Ockland ..... Portland Kittery IN @01,11viATiOT'C HT 393 M2 M35 e Oepartment MaineState Planning Of fice Oct. 1987 MAINE'S COASTAL PROGRAM Progress Report August, September, October, 1987, CZ063 (1987-88) May through October, 1987 CZ087 (1986-87) Submitted to The National Oceanic & Atmospheric Administration Office of Ocean & Coastal Resource Management Washington, D.C. 2 0 23 5 Maine State Planning Office Augusta, Maine 04333 State House Station No. 38 Tel. (207) 289-3261 TABLE OF CONTENTS Page Coastal Issues & Accomplishments 0 Funding & Strategy for Public Land Acquisition 1 0 Funding for Sewage Treatment Facilities and for Cleaning Up & Closing Solid Waste Landfills 2 0 Establishment of A Study Commission on Land Conservation and Economic Development 3 0 Establishment of a new office of Community Development 3 0 Coastal Access: The Wells Case 4 0 Growth Management: A Continuing Issue 4 ApE!endix A STATUS OF GRANT TASKS, CZ063 Award (1987-88) Task 1 -- Improving Program.Core Law Enforcement & Technical Assistance A. DEP - Core Law Administration & Enforcement 13 B. TNC - Improving State Regulation of Areas of State Significance 13 C. DOC - Improving Technical Reviews of Core Law Applications 21 D. MMA - Code Enforcement Officers' Training 21 E. RPC - Technical Assistance on Core Laws & Local Land Use Studies 21 Task 2 Local Program A. Coastal Planning Grants 21 B. Waterfront Action Grants 21 Page Task 3'-- Interagency Co ordination A. Federal Consistency 22 B. Coastal Advisory Committee 22 Task 4 -- Local & State Program Administration A. Technical Assistance & Local Grant Administration 22 B. State Program Administration 1. Administration 22 2. Public education initiatives 27 Task 5 -- Technical Assistance to Agencies & the Public A. DOC - Expanding Access Opportunities 32 B. SPO - Achieving Municipal Compliance with State Coastal Policies 32 C. IF&W- Management & Regulation of Wildlife 32 Appendix B STATUS OF GRANT TASKS, CZ087 Award (1986-87) (Selected tasks only) Task 1 Improving Program Core Law Enforcement & Technical Assistance 35 A. DEP - Core Law Enforcement & Administration C. DEP - Shoreland Zoning Administration D. DEP - Developing Maps for the Sand Dune Law Task 2 Local Program 35 Task 3 Interagency Coordination A. Federal Consistency 35 Task 4 Local & State Program Administration B. State Program Administration 35 Page Appendix C OTHER FEDERALLY REQUIRED REPORTS 1. Monitoring & Enforcement Activities 39 2. Wetland/Estuary Report 39 3. Fisheries Management Activities 39 4. Hazard Management Activities 39 5. Urban Waterfront & Commercial Harbor Projects 39 6. Coastal Access Activities 51 7. Permit Procedure Simplification 51 8. Activities to Protect or Restore Historic, Cultural or Aesthetic Resources, or Redevelop Deteriorating Waterfronts & Ports 51 9. New Memoranda of Understanding 51 10. Report on the Federal Consistency Review 53 Process & Coordination Activities 53 11. Public Awareness Activities 53 12. New Publications Report 53 13. Changes to Coastal Zone Boundaries & Management Authority 53 14. Changes in Strengthening the Management of Coastal Resources 53 15. Major Coastal Issues & State Role (see lst part of this report) 54 16. Sub-awards to minority or Female-owned Businesses 54 17. SPO Organization Chart 60 APPENDIX D EXHIBITS D-1 Results of the 1987 Legislative.Session 63 D-2 Summary of Proposals to the Commission on Land Conservation & Economic Development 67 D-3 Shoreland Zoning News, Sept./Oct. 1987 69 D-4 Community Connections, September 1987 76 D-5 Wells National Estuarine Research Reserve, Advisory Bulletin No. 8, July 1987 81 D-6 DEP Quarterly Report, 5/1/87 through 7/31/87 85 D-7 DEP Final Report for 1986-87 96 COASTAL ISSUES & ACCOMPLISHMENTS' 0 Funding & Strategy for Public Land Acquisition Maine voters on November 3, 1987 approved a $35 million general fund bond issue to finance the acquisition of land for conservation, outdoor recreation and wildlife (as referred by the Legislature in LD 1027 IP&S Law 731 ). Acquisitions are to be sites with outstandinq recreational, scenic, natural or wildlife values. Proceeds of the bond issue go to the Land for Maine's Future Fund, established by LD 1341 (PL 506), for allocation to State agencies and cooperating entities (private nonprofit organizations, municipal conservation commissions, local governments, federal agencies or other bodies designated by the Land for Maine's Future Board). The legislation directs the Board to report to the Legislature by September, 1968 with an assessment of the State's public land acquisition needs, and a strategy and guidelines for allocating the proceeds of the Fund. The SPO and other state agencies are to provide staff support and assistance. See Exhibit D-1 in Appendix D, Nesults of the 1987 Legislative Session, for additional information on legislative actions. The 1967 Legislature also established the Maine Commission on Outdoor Recreation to examine the the outdoor recreation needs of the public and to determine whether current public policies properly address those needs. A preliminary report is required by December 15, 1987, and a final report with implementing legislation by January 15, 1988. a Funding for Sewage.Treatment Facilities and for Cleaning Up & Closing Solid Waste Landfills Maine voters on November 3, 1967 approved an $8.3 million general fund bond issue for construction of treatment facilities throughout the State (as referred by the Legislature in LD 531 IP&S Law 541). An additional 06 million bond issue to clean up and close 96lid waste landfills that pose a hazard to ground water quality and public health was also approved (LD 1356 IP&S Law 701). Funds are to be expended by the DEP for site evaluation and planning and municipal implementation grants. 2 Establishment of a Study Commission on Land. Conservation & Economic Development The 1987 Legislature created a 9-member Maine Commission on Land Conserv at�on & Economic Development, drawn from its joint Standing Committees on Energy & Natural Resources and Taxation. The Commission is charged with reviewing recent gr,.:;wth ma,,,agement studies; studying the relationship between quality of life in Maine, economic development, rapid growth in land use pressures, and the well-being of the environment; holding hearings in all regions of the State; and reporting to the Legislature by February 15, 1988. Staff assistance is provided by the SPO, DECD, and DEP as well as the Legislative Office of Policy and Legal Analysis. See Exhibit D-2 for a summary of proposals on growth management issues submitted to the Commission in early November by nineteen diferent groups and individuals, including the SPO. Establishment of a new Office of Community Development In a move to strengthen and integrate Maine's economic and community development policies and programs the 1987 Legislature created a new Department of Economic & Community Development. One Office of the Department, 3 the Office of Community Development, consolidates the administration of Coastal grants, regional planning grants, community development Block Grants, and technical assistance to localities for the purpose of developing local plans and regulations in compliance with State mandates for land use planning, and encouraging economic growth while maintaining quality of life. (See LD 1606 IPL 5341.) The shift of responsibilities from the State Planning Office was effective October 1, 1987. Coastal Access: The Wells Case Controversy and questions over the Superior Court decision in the Moody Beach case in Wells overshadowed all other coastal access concerns. The clippings following explain the situation. 0 Growth Management: A Continuing Issue "Guiding Growth: the Maine Challenge," a 20-minute narrated slide program an growth management, was completed and shown In many communities the length of the coast and in several inland cities and towns during the fall. It will be used this winter as part of a publicity effort promoting the administration's growth management legislative initiative. (See Task 4.B.2 in 4 tat- Surf's still up for beach serfs Sure, it may be a bit more' because You would be obliged, at cumbersome than it used to be, but least every now and then, to fire a the lowly general public can continue round to convince everyone that to sunbathe, swim or toss a Frisbee you're rally out there hunting. at Wells' Moody Beach. Peter - Two or more cows. Brodrick All it will take is a little Jackson said the 1648 law, and common creativity. practice at the time permitted driving While owners of prime beachfront and resting herds of cattle along the cottages quietly celebrate, while Associated Press beaches, even though the practice tax-paid lawyers wring their hands Augusta Bureau did not continue long enough to be over their next move, lovers of sand formally recognized by the courts as and sea need only read last week's a common right. Reviving the cattle decision by Superior Court Justice CAPITOL drives surely would give new mean. William S Brodrick for themselves ing to a day on the beach, and it to recognize that their options are COMMENTARY couldn't hurt Maine's farming many. community. In a nutshell, Brodrick concluded brought: Naturally, outsiders are not the that life on mile-long Moody Beach - A fishing rod. Probably the has not changed enough in the past simplest solution of all. The Maine three and a halt centuries to alter a supreme court has already expanded law limiting public access to the area the term "fishing" to include the The 1648 law and to the purposes of "fishing, fowling recreational variety. Because few and navigation." In siding with a. anglers ever catch a fish in the first common practice at group of property owners, Brodrick place, it would be a cinch to explain the time permitted reasoned that the Puritans who why you're putting on suntan oil, wrote the law "meant just that and lolling around on a blanket or driving resting nothing more." flipping a Frisbee with your friends: -herds of cattle 'along Yet exactly what that 1648 ordi- Just point to your fine in the water the beaches, even nance means continues to be refined and say you're, waiting for a - and occasionally expanded- by nibble. though the practice The Maine courts. Besides, we are on - A boat. This need not be did not continue long 'he cutting edge of legal precedent Boston Whaler or even a john boat. here; certainly a little experimenta- A windsurfer or even one of those enough to be tion cannot hurt. tiny plastic tubs that kids like so About the only thing clear from much should do the trick. Again. the formally recognized Brodricks ruling is that you cannot state supreme court is on your side, by the courts.,: with malice aforethought spread out. having interupted the Puritan man- Revivng the cattle a blanket, open an umbrella, slather date to include recreational boating your body with suntan oil, lie down and mooring boats in the intertidall drives surely would and doze off on Moody Beach if the zone. At low tide, tie your craft to a owner of the cottage immediately stone on the sand and stretch out give new meaning to behind you objects. next to it. If anybody asks what a. day on the beach., Chances are you could drag your you're doing, tell them your boat is beached and that you're simply Geat over to the next strip of sand and find a more accomodating beach making sure it doen't get stolen baron. one who doesn't mind that while the tide comes in - an excuse only ones who will have to change the serf's up. good for up to six hours at a time. their ways. Moody Beach property But why bother? The ruling itself - A shotgun. This option is a owners themselves may need to carry leaves open abundant possibilities. little more dangerous and, of course, identification down to the waterside. Just imagine how peaceful your could only be used during approved or perhaps wear a special tatoo. to day on the beach could be if, along bird-hunting seasons. It also would assert their rights. with blanket, umbrella, suntan disturb the fishermen and boaters Thank goodness everyone has the lotion, pail and shovel, you sprawled out on their blankets Winter to get adjusted., ~0 Mainers see private beach access evaporatin ~ ~ic~ess leade~ "This is a terrible blow to access restricted to the handful of public beaches custom and I ongst~ "A lot of traditional customs of access ~ ~ be aIn southern Maine. Sidney St. F~ Coll ~ and label and ~h prop ~~~U to our beaches are being closed as wealthy nc~~ for the town of Despite its V~r~ welcomes Brodr~i~ move In and dose up access t~ Wells "~ "That town ~he Sid, test ~ ~, Maine has ~ thousands of miles of coa Mainers In shorefront towns for years ~M. Waste, owner state and paid an a scant supply of sandy beaches, and will dar~pIn~ have considered privately owned beaches of the Cliff House hotel in Ogunqu~ astronomical amount in leg~ private property skirts most of It State ~ 'A accessible to ~ and past chairman ~cation "I was shocked and upset ~ officials estimate that only 2~ He contends the public Rut ~not ~ ~ Selectmen Maine's sandy .,not between rich ~ geson Jr.. but It ow~ e ~~achfro to ore ~ The~W- bl~ ~ such ~ I to ~whoa~ r~ ~ll ~ ,~y~ ~~ M ~ Jt~ pub1i~ lie ~ ~ he Moo `~velo~ ~ ~~~ ~ ~1pe tria~ ~~ ~e) ~ ~ -sake of& ~ to ~Moody Beach ~~~ ~ ~ By DENISE ~ o~f ~ Associated Press Writer ~th trash. MAINE =*NEW IOU" A~ for I ~ ALFRED - In a thre~at h~n the public had . wchases b~ intent of a l7th century Pu~ Ise Tues. wet-sand portion. day sided with p~ he public purposes b costly beach ~ ~encroach- ~ does r~ athe on the Puritan law, ~ face ~h ~1pt~ Of ~ rights to privately in~~ ~ ased To~ may n~rivate pr~ not be ~e Is Is could The state ~c~ Owner$ grey skirts most Of ~aine ~ic Thax~e crowding Maine ~~9/17 use of ~ U~ have precedence and have Of $a It. State off~ th By CHRISTINE ~ the ri~e bcach~t estimate that Only 20 ~ tourists who a~ h~ishing an ~ ~ of their homes Private and quiet. ~ublicly owned. people off the b~ courts. Town lawy Guy Gannet n officials privately Say ~re, luckier ~pd~ "Given how Maine is being over- imit~~ towns have Other to% ~ Some tow ~ this Will give US a be~ h h for man) in --from d state attorneys I York has n~1pl~pl~eth and take andy be all~ti Mainers ~e~ that if Well ~o y example, the town ~aches, chance to catch our bu~ ~ ~ cons~ -n~n~~ deed ~ ~r~ ill not be ~odrick disagree ~ ~ according to officials, but the b- action to ensure our r~ ~~ ~ and colonial Ordinance - ~ ~, with ~pc~ abused fo `T ~a buck, ~on to mean ~ ~~ C~ ~assert private ..;A ~ h~2pl~ ~~ t ~s~ ~ ~ ~ o~ tin~ ~ the ~ th~~pf dn~ local U~ r~ t~ aPP~p~p@ am t~ into their 1 ~ ~~ Sul ~ to ~ public use ~ ~ ~ n ~ ~~ ~ On ~y ~L~~ ~~ state law. ~ not theta ~h ~ 1648 Mau lie cont~ ~ ~1pi~ps~ d ~ to buy co allows the SACO miles Of Coastline h ~~ ~ Wentworth. 'Met$ so ~pt~~ ~ been used for ~ionally ~ toI it ~ ~e beach tod ~~l ~ed their residents' r nav~t~~1pa ~e general r~s. clamming. testing to ..if We lose It those thousands of mil r pro assess their "But ~~n and bo ce to ~1ps~ rccr~1pe~ ~ ~1p9111~ ~sm. ~ ~ p~ obl~ ~ilding ~~ I ~ ~n~ rum 1~ A~ d ~~ ~ Of more ~ and ~~ 19 Mal~ ~~ly has on In ~t ~ ~ Prohibits ~ CCIS~ans ~ bouts of third of ~ ed tland on Sitting or sun ~ access And ~pi~p0 ~.~ ~ have lost a ~ Clarify r~ towns h b~ ~o the ~ for the year. Indication ~ d~ bathing ~ ~ ~~pi~n that ~ Ithe state --I think it's ~2p0 Judge won t At; ~~ debate offic~ ~ Panelists di ~pe~. ~e state do~s well ~ hours 0 ~~~ "A discussed ~ Options $cussed the various Legislature to, an ~~I~~a~s ~ that are Intel .~ ~ ~ _As to panel Communities ~to ~to ~ision. the town, ~a ~~,~n~ ~ Preserve or~ d Moody will be ~ by the ~eslin~ of ~ ~~ ~~ a access. of the on Moody Beach access ~pc~ be funds ~ffset Veils ~ "c" lend The ~ od~ Wee ~DAY. SEPTEMBER 17.1~ AUGUSTA, MAINE ~ at the ~ attorney ~n ~~~2p$~~ cast the s~ ~~ "We wanted to know, ~ cost of ~i~ed In --I trial including Salaries ~ -~ the other e~led by both S29~-3~ specifically, what is allowed." Cc ef~ MAINE and ~ I the st~~O~~ ~ ~ Of $30 000 Spite ALFRED urt Stem said. "And it should in- ~ip~ Justice Wil~~ c~r a~r~ T~ of th~ f~ ~ walking." bbeach refused to offer sp~ ~y Beach &in portions of his Sept. 14 Attorneys ~d ~2pnt beaches not affect ~ decision barring recreational use not be reached for comment. ~ wells Selectmen and their at- ~ IS~ Moody Beach. oldest Oceanfront beaches dial ~ ~s of Camp Buis~ During ~n t~nts at a public f~ by the d~~ over Old Orchard Beach - Old ~p4~ ~t's York County C~ meeting ~lic Nowell de~~ ~e~c~ beach. ~ ~ riday af- has th~lk on Moody -we owned by l~it~p,th~- ~rough~ - ~F n t Add~ ~~ he would Beach, as well as fish, fowl Or ~e; Park Beach, Ferry. ~1p,~~ not grant motions seeking specific ~ access ~eral ~ navigate. ~er that ~ Fan, Paper ~pc~ Point beaches. -~ ~ - I ~p"~ ~ Crescent ~ examples of what is allowed on tivities were written into the 1648 River 'York Long s~~pl~2pk~ .Moody Beach. The motions were Colonial ordinance which was River. By CHR~U~ added. "What if you're su~ sought by attorneys for t~ upheld by ~s rulings. in beaches. South Portland ~2pr~ ~~p: ~~ of Wells and the state. In the 52~ on the GUY GROUCH Service with a fishing pole with no tack ~ ~1pt~ Portland - Eau End ~ Assistant Attorney General Moody Beach lawsuit, Br~ There is not s~uidance here, L~pm f~ Falmouth ~~p40, ~ a ~ t h h ~ I ~ ~ ~ s ~ ~ u ~ ~ I. ~ I ~ u ~ a d an' on ~ ~ tin, ~ tob ~ Woo is ~ ~ ast in~ ~n~ ~ ~~ Th., ~~ ~ ~a~ ~ ~ 7th~y laws did WELLS During the Moody but I don't think the decision will ~bu~ K~u~1pGoc~ach. aul Stem. who defended the found the I ~ ram ~ ~k head=. F ~ ~e in the lawsuit that led not include modem activities and Beach ial, state attorneys j~ stop p~ n~ = ~ that if they lost the case, tourists for vacation." K~e~ection of ~ to ~cision, sa~ meant lit~y what they said. ~r~s ~ Rocks ~p6~ ~ Pop~pib motions were riled to help Wells B~ the town failed Biddeford - Biddeford Pool Beach. Par law. enforcement ~ Saco - Ferry~ State Park, Georgetown - Reid State Park. enforcing the judgment. ~ 4~p/~ ~ ~ Editorial &DN On' the beach 71-4-21/.-? @-Edftorlal The recent superior court decision before, and the state's population will can- against public use of 'privately owned tinue to increase. More people means more Bloody Beach in Wells should be beeded as pressure an the land, more fences, and a Public access !31>'v 41 an amber light by Maine residents who are much lower tolerance for differing land-use lievelopment can mean profits or en. developers, including the Patten Corp. I*- concerned about the changing face of the values. Maine people were spoiled by the vironmental degradation, depending on cal officials already have been in touch with Land in this state and the tougher attitude of traditional laissez-faire attitude of the pa- which side of the fence one is sitting. But of the state about the potential for public many of today's landowners. per and forest products industry. There was all the worries the word provokes these purchase. After a month-long trial, Superior Court always a place to hunt. tent or just tromp. In days, the loss of access to prime territory is in June about 30 communities either had Justice William S. Broderick ruled last less congested days. even most small land- probably No. I in the minds of most Mainers passed moratoriums an development or week that the public's right to use Moody owners shared their woods and fields with i whose fathers and forefathers were able to moratoriums had recently expired, accord- Beach was limited to the Massachusetts Co- the public. Sadly. those days rapidly are lonial restrictions of "fishing. fowling and passing into history. roam through the state's vast expanses of ing to Maine Times. Each case represented wild and scenic lands unimpeded a few dee- concern over development threatening the navigation" in the intertidal zone - that -The lesson of Moody is that the people of ades ago. environment in one way or another, includ- part of the beach below the high-tide mark. the state have a choice. The landscape is ether they like it or not. The This fall, citizens will have the opportuni Ing access to naturally valuable land that Moody Beach is a major decision, further changivi& Wb choice is coming down to having something, ty to approve a $35 million bond issue to has been, a part of the community's defining the relationship between the people acquire public lands over the next five' heritage. and the land. It may not have been the by acquiring more public land, or eventual- years. The reasons for passage are compen@ Recent court rulings protecting the fmar, intention of the early settlers in this region, ly hav ing nothing after the public birthright ing to anyone who has read the headlines in cial interests of landowners also make it but the public today has no legal right to has been totally eroded, the state's newspapers in the last few incumbent on towns to study the means they spend the day at the beach, between tide Some Mainers still cling to the notion that weeks. Development is nothing new. But are using to protect such Property. For ey.. and dunes at the foot of someone's posted the choice is between the way thingS were developments that threaten to cut off access ample, officials are unsure of the exact im. private property. %ith the open fields, unimpeded access, and to heretofore publicly accessible scenic and pact on zoning controls of a recent U.S. Maine Attorney General James Tierney benevolent private landowners - and a new wild lands are increasingly demonstrating Supreme Court ruling that says landowners says there is "no doubt that landowners won era of state ownership and management. If the extent of the problem. Here are some must be compensated when zoning demes a very significant victory"'in the 'Bloody that were the case, the choi6 would be examples from thq NEWS' readership them the use of some of their property even decision. He believes that in the future, on easy. The old way was best. But it is disap- area: temporarily. The ruling raises concerns these strips of beach that were formerly a pearing, forever, 9 In Franklin, Patten Corp., a land devel. abut the cost to the taxpayer of develop. legal no man's land, the access issue will be Admittedly, the state has done an imper- opment company, has acquired 1,40D acres ment moratoriums, resource protection de6ded on a case-by-case, person-by-per- feet job of managing public lands. and in at around Donnell Pond near Acadia National zones and similar limits, I son basis. least one recent instance. a major land de- Park. The purchase includes eight miles of More recently the court produced another "You have 126 separate landowners with veloper has shown encouraging sensitivity shoreline, The area around the Pond is con- ruling that may limit the efforts of controu- 126 separate standards." Tierney observed to the problem of access. The Patten Corp. sidered such a scenic gem that the federal nifies to force landowners to grant access to specifically of Moody Beach. "rhe real key ran into a wall of public opinion in Cherry- government once considered giving it na- the state's scarce sand beaches. It bars re. to the impact of this decision is in the hands field with its proposal to develop a huge tional park status, and more recently the quired public access across private beach. of those lan&wners," The attorney general tract near The Crotch on the Narraguagas state had been negotiating to buy it from its front property without compensation. The wonders about the future. Lazing for the River, Instead of bulldozing ahead with As ruling brings into question efforts by some plans. the companv recognized the more owner, Prentiss & Carlisle Inc. day on a blanket is not protected by the law communities to guarantee access to but-does it mean you can't fly a kite?" aski lasting and important value of public rela, Cutler residents recently lifted a build- beaches, Only about 3 percent of Maine's Tierney, who believes "There's never been tions and cooperation. To the delight ot ing moratorium without approving any new beaches are actually publicly owned. development regulations. At issue is the fu- Development pressure has been identi. a case of this kind before." many Blaine people this week. it sold 1,150 ture of Western Head and Great Head, in- fied in the media primarily with southern Inevitably. someone will linger too long acres of The Crotch to the state. cluding 248 acres and 17,500 feet of ocean Maine. But it's clear the problem is headed on some intertidaJ Bloody Beach sand. They A little piece of the total birthright has frontage overlooking Cutler Harbor, which north and east even if the deluge is Only will be asked to leave. They won't. There been preserved. But it required more than a an Ellsworth developer has targeted, Be- beginning, The issues are diverse - every- will be a complaint and an arrest. The half million dollam and the support of two sides loss of the land, one of the last exam- thing from paying an access fee to previous- v heels of justice will begin grinding. The powerful but undependable ingredients. ples of unspoiled mstline, local people ly open wildlands owned by paper Bloody decision will be enforeW. public pressure. and the enlightened sell- have expressed fear of pollution in the companies, to protecting scenic gems like The amber light that shines from Bloody interest of a coporation. harbor. Donnell Pond, to pollution of fisheries, Beach is powered by some permanent As people ponder the value of the S3i mil- * In Cherryfield, concern is being ex. The solutions are complex, certainly changes in the landscape 9f the state of lion bond issue this fall they should temern- pressed over the future of "The Crotch." a more complex than a $M million bond issue Maine. ber Moody Beach, The @rotch. and the large tract of undeveloped land at the junc- can accomplish. They involve striking a Theie are more pcople here than ever amber light. tion of the Narraguagus River and the riv- proper balance between controls and pri. er's western branch. A total of 2,000 acres in vote land rights. But acquisition of more the area are available for Purchase from public land is a step in the right direction. Appendix A.) The growth management issue continues to be highlighted in the media, as attested by the clippings on the land subdivision activities of the Patton Corporation and the State 's role in local planning. ~0 two* State may get bigger role ~4qm~i local growth pla ~i ~6qR~q5~-~qr ~qJ~6~q1~4q4~8q1~q7~q7 ~ ~2q9 a~ln~g ~I~@~6qAr as ~d ~U~6qg ~l~e to ==a" ~I~2qL~6qr r ~.~v~a~L In an apparent shift from ~I~t~s According to State Planning Office Post on, the Mc~Kem~an adm= t~j ~U on now wants the state Director Richard S~lIk~man and a~n~ag~ing More power In m ~, I== ~qInv~ie~ronment~a~l Protection Comm~i~s. opment,~0According to interviews with ~o~n r Dealt Marr~l~o~M the M~cKema~n ~'~w~o~'~o~p ~I~f~i~c~t~a~l~l" It, Idea ~o~t~. stronger state role in R~i~e~l~lard ~51~11u~n~a~t~t controlling development also is win. administration Is considering our experiences," he wild. -So It's he d~idn~qi want the state to limit ~o~r ~c~o~n~s~i~qs~q- ~i~e~qu~i~ri~ng all Maine communities to not surprising ~t~h ~* rtah~@ guidelines and were ~c~o~n~a~l~s~i. enact comprehensive plans aimed at ~t~ke might have gn~qro~%~it iheas~n~t~dheprpeofwererretdotdoec~Vide the~Ir ~"~we don't want to tell commur~d~- Development Association, with the grown a bit since first arriving." vecom. tent with existing state laws. t~Pe~t~en~v~i~qa~qlb~one they be fair and ~,~6qZu cam out In at m~an~a~g~i~n favor of IP~6qM regulations local growth. These ~T~he administration's Interest In own fates. ties what their main streets should plans woul be be on ~ma~nd~s~- more controls came as to "If communities want to look look like." ~S~llk~man said. based on a statewide comprehen- I o I ~q@~ql~qa ~Ie ~q: ~qr n dra rtd ~5 i ~. the Natural Resource: = of like Cape Cod - OK~. But they He said, for example, that the sive plan. Developers are coming lie h year. both Maine. ~T~he environmental group ought to know what Is going to state would not tell towns how high around to supporting these meas- McKerna~n and S~i~lkman spoke out has been pushing legislation to happen." he said. buildings should be In a com~mer- ures after wrestling with south- against additional stake controls on ~rIre strict state planning stand- ~T~he administration went on to c~ia~l~l area. But all towns would be ern Maine's building moratoriums ~ne~w development. ~. ~8qM~u~s modeled after those used In Introduce three bills designed to expected to define where the cam- unpredictable zoning rules, an~2qa According to administration of- Oregon. tighten up existing laws dealing merc~ial areas am, and how they Inadequate roads, sewage and pub- ~~ ~AcI~a~l~s~6 t~he mandatory compre~he~n' But any attempt to create addi. with large subdivisions, s~homland plan to accommodate growth them. 11c: services. live plans would be financed with tional state planning rules may be zoning and other waterside devel- Specific standards could vary But ~c~o~rn~imun~itie~s ~may not wel- lute and local taxes and ~6qC~o~s~s~ibly opposed by the Maine Municipal opment. The proposals were from region to region. come more state control. through impact fees an i evel~op~. Association, which feels towns modest In ~c~o~n~stras~t with two ~Dem~- -What we don't think is ~a~p~pr~o- went. ~T~he plans would be designed could do the job themselves if they d~.bills reflecting the priate In Maine Is land-use controls to protect critical natural resources bad more state money. =~1~q1~q:~q@~2q%s~o~.~-ch~i~n~g recommenda- ~s~et up In Augusta that require and promote orderly, cost-effective Still, many builders and devel. tions of Abe Brennan specific controls across the state." ~80qg ~w~th. They would be phased in opers appear ready to embrace administration. ~. I.. be said. ~56qm As It turned out, lawmakers ran over time and would give commun- ~qf~ore~a~te~r ~qo~qtate involvement, hoping Wes enough flexibility to tailor a e predictable climate in out of time to consider any of these Plans need to look ahead -What the towns need is more plans to local needs. which to do ~ous~i~ne~s~s~. ~. measures, which were all t off He also suggested that town technical assistance and financial In outlining the necessity for ~T~he growing debate over growth until this winter, and ~h~1~0ql~uernan plans should look at least rive to 10 resources tod~o ~i~t,~" she said. ~. be~tter~.p~l~ann~ing, ~S~i~lkn~ian said the management strategies crystal. named a special panel to study the years ahead. and using state stand- U the state wants to help, she administration recognizes that pro- l~ized late last year following the Issue. That panel met last week, 'As as a guideline. decide said, It ~pould start by beefing up tecting Maine~'s natural resource~s~is release of a State Planning Office and will hold additional public they v~vant their ~c~omm~u~n~it~ie~s~h~ow nforcement of environmental ~qC to ~elaws. Rand said communities critical to the quality of life wh~i~cl~o study on growth. ~T~he study, begun hearings this month. grow. would welcome stricter enforce- attracts jobs to the state. But ~I~n towards the end of former Gov. Silk~wan testified to the panel In "Some towns facing develop. ment of I southern Maine, he said. ~In~ade- Joseph Brennan's term, found fail. broad terms about the disappear. co aw~s designed to pr~o~te ment pressures have no nt~ext in Critical resources, such as wect a quat~e planning is beginning to con- ure~s with the current ~qf~r~o~w~l~t~, man. ance of Maine's "frontier" ~and the which to judge it," he said. ~*~'~qM~ay ~a strain economic development. ~m~i~l~ement system an suggested need for more effective ways-to have thing by which they ~c~4~in lands. They don't need "~q�ener~qic. mange growth and development. no the outcome." -it were going to raise public Land prices are soaring, he added, ways to strengthen It. It found, for B evaluate local comprehensive plans. and roads and sewers are becomihg example. that although towns must ut went farther in a subsequent overloaded. -have comprehensive plans to set interview with the Telegram. , ~. ~, Si~t~k~in~a~n was unclear on how dollars for ~g~T~ow~t~h management," Si~lkman~'~s comments came in an zoning ordinances. many ignored ~S~i~lkm~an said the administration much it would cost the state to the said, "we don't think it's wisest Interview ~%~ith the Telegr~a~@m, fol- their plans or hadn't updated them endorses comprehensive planning. P ~vide some towns with the tech~. to create a ne~w process in A~Lgus~ta~q. lowing the first public hearing last in= But it had distanced itself from the n~ical assistance they Will need to ~T~he process we have now is the week of a special legislative com- ~ofthe suggestions from the Brennan Proposals not only formulate plans. He said most of best one. ~2qZ should be putting In mission studying growth manage- Brennan administration study because they were to~o radical, but the money will likely come from dollars to help It~.~" ~men~t. Sil~l~im~an said the ~adm~in~is~iT~a~. were rejected b~y M~c~Kern~an when because therew~as noway top ~y~fo~r the general fund, through taxes. bon's current position is consistent he came Into office. Speaking in them. He said ~O~now although he didn't rule out help Coordination necessary the state is from an Impact fee on developers. with previous goals. Freeport last February at a confer studying ways to finance growth But DEP commissioner Marriott But Marriott. Maine's env~ir~o~n- ence on growth management, Silk: management help Such ~a fee. which communities ~c~a~n for towns no p~s pay for said be saw problems If each town mental protection chief, said there man said the effort was too costly w ~le~2qV~ly Impose. hel lit Its o~w~n ~way. Because natural has been a gradual recognition that and t~oofar-~rea~ch~in~g~, and tookaw~i~l~y Towns to retain zoning p~h~ysic~a~k Improvements to ~ou~s~et we communities need more ~belp in local control. He stressed that towns would the broader effects ~o~f~i~l~evelopme~nt. ~re~so~urr~ees~, highways and other fac- tors often cross municipal boun- planning for growth. In Match, in an Interview with a retain local control over zoning Impact fees were supported last daries, one town's plan might work "I would ~sthink we all learn from Telegram reporter, McKeman said decisions, as lon~gas they fell within week by the Maine Real Estate In opposition with ~t~he town next on MIM INVESTIGATIVE REPORT T5 cents 0 0 VW_ I V 01 NOT L!=_j VOLUME 19. NUMUR 46 ton YHR WLLN NIGINNING AUGUST 31. InY M. 4, W UP THE TRYSIDE. When the Patten Corporation is done with Maine, the place ill be, leces. Maine runes 41 Main Street Topsham , Maine 04086 Telephone (207) 729-0126 IN or (207) 865-6947 Closing loopholes in the state's subdivision laws would be a starU so would It's time for some shark repellent. special taxes on the profits from speculative, short-term land miles. Most of all, towns need to work with bona ride land trusts to identify the land they The Patten Corporation is different from other speculators who have want to preserve. The state should come up with a funding mechanism to pay come and gone in Maine. Because of its size, Patten has the ability to have for that protection before a speculator such as Patten can subdivide the best a large impact in a very short time. Stick marketing has left the impression parts and give towns the leftovers. that the company is environmentally conscious, while the eviderice suggests Patten plays on fears that wild land is disappearing fast and that investors that Patten is much more interested in profits than preservation. There is usually from other states - had better get theirs while they still have a an apt comparison with forestry: Patten is to old-fashioned land speculation chance. The fears may be well founded, but buyers who plunk down their what mechanized tree harvesting is to a couple of men with a crosscut saw. money should bear in mind that speculative bubbles have a way of bursting. I.And speculation on any Scale is an outgrowth of our long-held idea that -jk jump in the price of gasoline, the deterioration of the highway "stem, the land is simply a commodity. In Maine, we've tampered with this heritage to opening up of recreational or land-speculation opportunities elsewhere, a small extent through restrictions on land use in environmentally-sensitive rising interest rates, tax law changes, a decline in Boston's current prosperity areas, but we have left the bulk of the land under the sole control of its - any one of these could sour Patten's stock and its ability to sad its owners. We have not, as Maine Times pointed out emphatically in its special properties. issue on development Lost spring, arrived at a "land ethic" for our state. When the bubble bursts, much of the damage will already have been done. Every day we wait, we pay a stiff price. The farms and woodlands will have been subdivided, the roads will have Patten plays on a field with few rules or boundaries. It suggests to been built, and except for higher taxes on inflated values, much of the value out-of-state buyers that Maine's lenient laws will allow them to do what they of the land to the local economy will have been lost. Even if it's never built want with their newly-purchased acreage. In the next breath, it reassures on, the land's new patchwork of owners aren't likely to be interested in buyers that their interests will be "protected" through restrictiorm farming, timber production or simply letting in the public. Opportunities for covenants and a non-profit environmental trust that seemingly would other uses that might contribute something to a community will have been surround the purchaser with private, perpetually-protected parkland. lost. That's a far cry from Patten's claim that it's a "smokeless" industry with Whats the real story here? tittle tangible impact. Patten's brand of land speculation reminds us of the corporate takeover We've made Maine attractive to speculators by continuing to think ofland game. There's money to be roads in undervalued assets, whether they be as mare real estate, instead of a precious heritage to be protected for our companies in the Midwest or undeveloped real estate in small Maine towns. children. Patten is the inevitable result of this mind-set, and the sooner we MAIN[ TIMFS The State of Maine, like companies that think they're takeover targets, understand, the better. ought to consider "poison pill" strategies to discourage the predators. (DDP) 1.0 Apipe@dix A STATUS OF GRANT TASKS, CZ063 Award (1967-88) Task I -- Improving Program Core Law Enforcement & Technical Assistance A. DEP Core Law Administration & Enforcement Complaints, permit applications, compliance inspections, enforcement actions, consent agreements, and licensing and enforcement summaries recorded by the DEP Land Bureau for the three-month reporting period ending October 31, 1987 are given in Tables 1 through 7. There were a total of 189 core law permit applications in the Coastal Area, nearly two-thirds of which were in southern Maine, compared to 195 complaints and 25 compliance inspections. The Wetlands/Sand Dunes Law accounted for 53 percent and the Site Location Law another 30 percent of the permit applications. Numbers of cases generally were somewhat lower than for the February-April and May-July periods. For a more detailed comparison with data for May-July see Exhibit D-6 in Appendix D. The DEP's progress reports on efforts to improve administration of core laws and gain State funding of DEP positions (as per the Significant Improvment Benchmark for this task), Shoreland Zoning Activities, and other matters are reproduced on the next pages. B. TNC - Improving State Regulation of Areas of State Significance A contract between the SPO and The Nature Conservancy (TNC) to initiate the conversion of the Critical Areas Program's data base into TNC's Heritage Program computerized data base system was signed in August, 1987, thus meeting the Benchmark for this task. The contract was for $7,021, supported by $3,000 in federal Coastal funds and $4,021 in State general fund monies. Information on National Natural Landmarks, Nominated Areas, and Candidate Areas is to be mapped and entered into the Heritaage Data Base system under this agreement. Phase I will be completed by December 31, 1987, making the data base available on a dBase III plus disc, in hard copy printouts, and on TNC's office base maps. The SPO and TNC anticipate amending the contract in December to permit computerization of the Register of Critical Areas (585 areas) and the Qualified-but-Unregistered Areas (48 areas). This task, referred to as Phase II, will be completed June 30, 1988. 13 Table 1 DEP COMPLAINTS IN THE COASTAL AREA August through October 1987 Status Downeast Central Southern Total Table 2 Resolved 1! 16 11 44 Pending 24 11 43 78 DEP PERMIT APPLICATIONS IN THE COASTAL AREA Deadfile 8 6 59 73 To Auc tal 49 33 113 195 fust through October 1987 Law/Type Downeast Central Southern Total Coastal Wetlands 19 21 18 58 Sand Dune 0 0 42 42 Table 3 Great Ponds 0 0 1 1 Stream Alteration 3 2 8 13 DEP COMPLIANCE INSPECTIONS & ENFORCEMENT ACTIONS IN THE COASTAL AREA Freshwater Wetland 0 0 0 0 August through October 1987 Hydro/Dams 1 1 2 4 Site Location Mining/Gravel 1 1 0 2 Compliance Consent Agreement Referral Industrial/Commercial 0 4 14 18 Region/Statute Inspections Attempted Resolved Pending To A.G. Residential 1 7 25 33 Solid waste 7 2 6 15 Downeast: Other 0 0 4 4 Site 2 0 0 0 0 Wet' -ands 1 0 3 2 0 Total 32 38 120 190 so!@J Waste 12 0 0 2 0 Central: Site 3 0 0 1 0 Wetlands 1 0 0 2 0 Sol;d Waste 2 0 0 2 0 Southern: Site 2 5 2 3 0 Wetlands 0 7 1 6 0 Solid Waste 2 6 1 5 1 Total c-astal: Site 7 5 2 4 0 Wetlands 2 7 4 10 0 Sol:J Waste 16 6 1 9 1 Total 25 18 7 23 1 ap Table 4 LICENSIM & WORCEMENT ACrIVITY IN THE COASUL AREA DEP Land Bureau - Jan. 1985 to Oct. 31, 1987 1985 1986 1987 Jan--March April-June July-Sept. Oc-t.-Dec. Jan-March April-July Aug.-sept. Oct.-Jan-31 Feb.-APril May@july Aug. --Oct. (4 mos.) (2 we.) (4 By Area mpla Do t 10 10 26 21 10 62 28 20 30 75 49 Central 14 29 23 is 15 35 22 32 29 34 33 Southerts 31 100 116 (35 64 147 80 109 117 120 113 Total 35 T65 '69 M 73-0 -167 T7-6 22-9 195 PorMWA.p.11-tions t 14 23 28 34 43 34 20 37 35 35 32 Central 42 40 V 44 58 42 35 70 44 36 38 Southern 119 79 82 64 109 134 9a 127 L5.1 140 119 Total T75 TIT T37 TU TO 73-4 23o -217 8-9 Comp ance, Inspections Ln 11 lzwneast 13 14 36 33 10 22 7 15 31 15 Central 9 10 21 18 3 17 3 12 14 6 southern 28 43 14 19 4 - 7 3 4 Total -IU -17 17 TY TO- 45 --2'� BY law Permg APE@Rations te tIon Law 44 43 66 68 ill 70 52 28 85 54 57 Wetlands @: ill 83 57 69 99 123 91 145 136 118 100 Waterway servation 16 3 1 2 3 2 3 1 3 4 Solid Waste Management 04 12 13 3 -- - - - 16 15 Stream Alterations - - - -- - 14* a 13 5 20 13 Compl Ian ,,t.SE,@specllona tion Law 23 19 15 10 5 22 5 0 7 5 7 Wetlands Law 3 11 20 17 4 8 1 5 3 7 2 Solid Waste 1. 24 37 36 43 a 9 17 12 20 33 16 Administration transferred to the DEP from IF&W. 25e/bb Table 5 D.E.P, referrals to the Attorney General: Auzust-October 187 DEP CONSENT AGREEMENTS IN THE COASTAL AREA 1. Ellis Equipment & Demolition Removal, Inc.; August through October 1987 Arundel; Solid Waste D.C.?. ConsenL agreements pending- August-October '87 1. Town of Perry - Perry -Solid Waste 2. Ocean Products, Inc. - East Machias -Protection & Improvement of Waters, Section 413 D.E.P. consent agreements resolved August-October 187 3. City of Calais - Calais -Solid Waste 1. Amy Trafton - Swan's Island 4. Lawrence Stanley - Swan's Island - Coastal Wetlands -Coastal Wetlands 2. Thomas DiCenzo, Inc. - Cast Machias 5. Mill Cove Associates - Boothbay Harbor - Protection & Improvement of Waters, Section 413 -Coastal Wetlands Law 3. Kleinschmidt Associates - East Machias 6. Town of Boothbay - Boothbay - Protection & Improvement of Waters, Section 413 -Solid Waste Law 4. Wallace A. Putnam - Wells 7. @ity of Belfast - Belfast - Coastal Wetlands Law -Solid Waste 5. Joseph Aldred III & Sandra Aldred Harpswell 8. J. Grant Burke Trust - Bristol - Site Law -Site-Subdivision 6. Parkview Realty - Brunswick 9. John '11cConchie - St. George -Site Law -Coastal Wetland Law 7. R.P. Hodgin - York 10. Robert Rosenthal and Bo-Ed, Inc. - Brunswick 'ite Law Solid Waste Laws 11. Rebecca Frost, John Furbush, Merritt Shapleigh, Jr. Eliot -Site Law 12. 7foury - Weinschenk, Inc. - Cape Elizabeth -Site Law 13. John P. Martin - Saco Coastal Wetlands Law 14. Richard Catir - Scarborough -Coastal Wetlands Law 15. --.)wn of Scarborough - Scarborough -Coastal Wetlands Law 15. 'Luc'en Thibault - Harpswell -Coastal Wetlands Law 17. :*i4nton Williams - Wells -Coastal Wetlands Law 13. @@r-.ice Publicover - Scarborough -Coastal Wetlands Law 19. Albert Fgirah - Kittery -Fresh-water Wetlands Law LU. Frank Thomas - Wells -Stream Alteration Law 21. Consolidated Excavators - Old Orchard Beach -Stream Alteration 22. Robert Levesque - South Berw;ck -Solid Waste Laws 23. 'lichael Coggeshall - Wells -Solid Waste Laws 24. 'laine Energy Recovery Go. & General Electric Biddeford -Solid Waste & Site Laws 25. Town of Scarborough - Scarborough -Solid Waste Laws 26. Stanley Douglas - Scarborough -Solid Waste Laws OW I= so M do an am so Table 6 DEP ENFORCEMENT SUMMARIES Auc .fust through October 1987 1 @aulrel 13@ di off Southport, was found to be operating on illegal 3. Verrier Construction Company was c lity. Island residents had established a dump area near Brunswick the water where, after burning the trash, high tides would wash the residue away. The island, registered as a municipal corporation, was Verrier Construction is proposing to build a 73 unit condominium complex ordered to cease disposal by October 15, 1987 and submit a solid waste -3:1 35 acres on River Road in Brunswick. The project involves the management plan to the Department. This plan is to address transfer and construction of 1300 feet of new roads, 5000 feet of paved driveways and recycling of wastes. public water and sewer supplies. 2. Saco Mobile Homes, Inc. - Saco The site contains 3 freshwater wetlands and is traversed by a tributary to the Androscoggin River along the Southern border. A consent decree has been obtained in this case which the DEP referred to the Attorney General's Office in April 1987. 7he defendant had 4. D & J Associates illegally disposed of septage in lagoons on a sand and gravel aquifer. @Id orchEU-Ne-ach The area was restored and defendant paid - $4,500-00 penalty. Applicants propose to construct a 7 story, 115 unit condominium building 3. Ocean Products, Inc. - East Machias with a 40,573 square feet footprint, making it the second largest condominium project in the town. Issues of sea level rise are still A staff person has resolved 2 consent agreements drafted to resolve being addressed by the applicants' consultant. massive siltation problems during construction of a fish hatchery; these agreements were between the State and Thomas DiCenzo, Inc. and 5. Biddeford Pool Associates Kleinschmidt Associates. Staff is continuing to negotiate an Agreement BT JUe-ro-r-d- wiih the owners of the facility. li,e applicant proposes to divide a 31 acre parcel of land into 43 lots. Tlie property abuts 31ddeford Pool, a wetland of State and international -11,@nificance for its value to migratory shorebirds. The project site Table 7 may also contain an early colonial historical site of State and flational. s.'Gnificance. DEP LICENSING SUMMARIES Bajed on input from many wildlife and wetlands experts, the Department August through October 1987 recommended that a 330-foot wide undisturbed buffer be maintained between the proposed lots and the edge of the abutting wetiand. The 1. Orchard Pines applicant proposes to maintain a 50 foot wide buffer area. RJR Associates propose to construct 56 condominium units on 29.8 acres 6. MaX - Searsport Terminal of land on Portland Avenue, Old Orchard Beach. Each building will be a Approval requested for 2 icres of clam habitat rehabiltat ion/creat ion as two-story structure containing 4 unity with a total footprint of 2060 m3l-'Gation for habitat loses in dredging and filling for the terminal square feet. All units will have 2 parking spaces. The Cascade Brook flows through one corner of the property and one half 7. '!,rr@@.-.ieeting Developers of the property is located over a groundwater aquifer. Pr_!._.Dsing a five phase Planned Unit Development in Brunswick. Total pr,ject size is 193 acres with 151 single family residential lots and The significant issues involved in the project are protection of 17'. attached housing units. groundwater quality, surface water quality, and wastewater disposal. 8. Long Wharf Associates A decision is expected on this project in February or Harch. Fortland 2. Robert Woods L.W.-A. has applied for a permit for Long Warf, a mixej-use development To-rk"Wi-ne on the Portland Waterfront containing -17 condominiums 180,000 square feet of office space, and 17,000 square test of retail space, as well as an adjacent 311-space parking garage. Most outstanding issue is visual Applicant sought after the fact approval for project which clearly impact of this development and its consistency with the existing involved filling and placement of rip rap in a defined coastal wetland character of the waterfront and Old Port. (Site Location and coastal area, as evidenced by both vegetation and elevation wetlands). D.E.P. staff, D.A.R and Town of York conservation Committee all recommended denial and restoration of affected area. A consent agreement had been signed earlier this year. Project was delegated by Board and denied by Dept. on 10/20/87. DEP MORELAND ZONING REPORT Aucrust-October 1.987 We continue to provide day-to-day technical assistance to municipalities and respond to inquiries by local citizens. During the period between August and November of 1987 the shoreland zoning unit responded to approximately 500 The shoreland zoning unit has taken several steps during this three month telephone inquiries. most inquiries were requests for information but numerous period to generate greater awareness of the shoreland zoning law and its calls involved complaints of specific shoreland zoning violations or complaints r!quirements by municipal officials. First we have begun to work more closely of municipalities failing to properly administer and enforce local ordinances. with the State Planning Office (SPO) and the regional councils (RC's) in A partial list of coastal towns which received direct shoreland zoning organizing training programs. We now meet monthly with both SPO and the RC's assistance or enforcement related actions from this unit includes Richmond, to deal with training issues. These sessions have helped staff of the Franklin, Beals, Harpswell , Boothbay Harbor, Steuben, Southwest Harbor, shoreland zoning unit to develop closer working relationships with the RC's. Eastport, Lubec, Bristol, Camden, Eliot, Deer Isle, Wiicasset, Owls Head, Furthermore these sessions will provide the RUs with a greater knowledge of Tremont, Bucksport, Ellsworth, Lincolnville, Machiasport, Westport and Saco. the shoreland zoning requirements and thus will be better able to assist the municipalities in their regions. The only significant regulatory change occurring during this reporting period was the change in the "clearing" standard contained in the ordinanc- Although A second action that the shoreland zoning unit has taken is to begin publishing not yet filed with the Secretary of State (to be completed by January 15, 1988) the Shoreland Zoning News. This publication (copies attached) is a bi-monthly the "clearing" standard has been amended to prohibit openings to the shoreline newsletter which is sent to all organized municipalities in Maine. It includes greater than 30 feet in width for any 100 feet of shoreline, no matter where articles on administering and enforcement of shoreland zoning issues as well as measured along the shoreline. The standard was further amended to make it updates in regulatory and statutory requirements. We also address issues which clear that in resource protection districts, the clearing of vegetation is create the greatest confusion among local officials. for example, the limited to that which is necessary for uses expressly authorized in that November/December issue addressed the subject of constructing new decks on district. structures which fail to meet required setback requirements. Thirdly, staff participated in the annual t1aine Yunicipal Convention held in Bangor. We Much of the unit's efforts during the next quarter will be focussed on the organized an informational booth for the exhibit hall. The MMA convention is a revisions to the guideline ordinance. 00 three day event attended by hundreds of town officials and is a good forum to present information on shoreland zoning issues. Another action which was undertaken to increase public awareness of shoreland "C211REPORT" zoning issues and to obtain greater public input on these issues was the holding of fifteen public meetings throughout the State to gather imput toward the upcoming revisions to the State's guideline ordinance. The month of October was dedicated to these meetings which were attended by over 300 people, made up largely of public officials. At noted above, the Department has begun the process of revising the guidelines ordi,iance. Significant staff time has been invested in preparing for and conducting the public meetings. Before the meetings were held considerable efforts were made to define the issues of concern and to put these into a format which would generate appropriate discussions at the public meetings. Now that the meetings have concluded we are analyzing those comments and preparing a report for the advisory committee established to assist this office with the review process. The first advisory committee meeting will be held on January 12, 1987. In other matters we drafted a grant proposal for the Eastern Mid-Coast Regional Planning Commission. That Commission it seeking grant from the Soil and Water Conservation District to draft a layperson's erosion control manual . We are interested in this project because such a guide could be used on a state-wide basis. so 'owl AA ~0 Thursday. October 29, 1~ TH AMERICAN~, ELLSWORTH, ~A~~E 0~160~ Area Citizens Express Frustrations Over Shoreland Zoning Enforcement' By Patricia Ryder 1979. crazy battles between lawyers tion~, State House Station 17, A~u~g~u~s~L The two worst problems with Baker explained the process of making it up as they go along just to Me. 0~43~33. ~or~ela~nd zoning in Maine will not revision: after the public meetings, beat the system." Two differing viewpoints on th ~ely be addressed by any changes a 10-12 member advisory committee Planning board members told results of implementing the short , the ordinances that set standards will be established. Then, smaller Baker of problems with definition of land zoning ordinance were amon or such zoning. working co~ru~r~u~i~ttees will break out the resource-protected zone. Towns those heard. A planning boar That was the conclusion reached from the large com~i~nittee to study are now required to define the member from Blue Hill said. -~qW y Richard P. Baker, Maine's specific areas of concern. Next~@ resource-protected zone with federal ordinance is driving shore~la~nd ~int shoreland zoning coordinator, and proposed amendments will be flood-plain maps or a -fl~ood-of~- the hands of ~out~-~uf-staters who ca about 40 area citizens who met Last drafted and public hearings record," but according to many afford to live within the rules." week at Ellsworth to talk about scheduled. Baker said he hoped the participants, -nobody believes the possible changes in the State's new amendments would be adopted maps." But a Buckspor~t Planning Boar ordinance. by the State in the spring of 1988 and Baker added the cit~izen~s~'~co~ncems member countered, "I sell re~t Hancock County residents identi- b~y municipalities in Lie spring of to his 22~-item list and invited written estate and I will say that s~horel~a~n fied many areas of con~cem, but 1989. comments. Comments should be ad. zoning is not bringing in outsiders repeatedly expressed their frustr~a~t~. Baker emphasized that changing dressed to Richard P. Baker, Shore- it's the lack of enforcement of th don with the "top two problems" the ordinance is a ~"ru~le-making~, not land Zoning Coordinator, Maine De- ordinance and the lower prices of t~l~@ ~*m~king boards face: lack of en~. law-making, process." par~t~m~e~"~t ~n~f ~F-~i~r~onmental Prote~c~- land compared to other states." ~~~~e~ment and the fact that zoning Some in the audience suggested ~~ards of appeal grant many vari- that more explanation be included in ances. Variations on the complaint: the ordinance, arguing that compli- 'we feel like fools, laboring over ance and enf~a~v~em~ent. would be mom ~ecisions which are overturned or likely ~if people understood the ~~or~ed~.~" were heard from citizens masons behind the rules. Said one it Blue Hill, S~ton~i~ngto~n, Orlar~ad, participant. ',Before you ask the ~~dh~am, Buckspo~rt ~v~A other towns. towns to enforce the ordinance, give Baku suggested th~e~, tow~n~a~'~-take them some , W~e need to have strong stance to begin with and some 'whereas' clauses to give ~~~'t~qu~it w~ith~s dollarper~talty." He inte~n~L Them isn't enough docu. ~ncouraged towns to not only enforce mentation, and we and up li~st~o~ming to ~~e~s ~(which~, according to discussion ~art~i~cipants, are considered as 'Costs o~f development" by many ~~velopers), but also to require ~~velopers to restore or replant land ~~~ich ha~s been cleared or changed llegally~. ~6qo~0qr~6qe~6ql Doe meeting last week was one of ~Cd ~i~a meetings Baker is holding ~.~O~*~*~n~,~)~O tewid~e to obtain public comment ~O~q"~Y~O~qR~I~C Poo ~6qO~qig e~r ~'~S~, In Maine's minimum shoreland other ~~3 Of use, ~2~0~4 ~- ~q?~P~P~O e Plots OPP ~n~i~n~ig ordinance. That ordinance ~q&~r~qi ~I~n~a~l~l~-~a~c~s~1~c build ~o~p~p~o~s~4~e~t~l ~ad hoc ~~~tains m~un~t~inum standards for ~P~,~O~,~n~g ~0qQ, ~n~e~n~ts ~O~q@~O~f~l~a~od ~c~'~s~, a~lid the P~r group ~f~, and use activities within 2~5D feet of ~A~p~.1~1~P~O~s~e~d ~s~t~r~i~l~v~e~c~i~t ~s~h ~' a~nd count ~O~p~o~'~e~qj ~O~r~M~c~d to ~8qYo ~I~ld ~I~h.~.~L~t~o~!~r held ~o~r~e~ht~nd Porters~- ~e~r~b~o~l~l~o~t~o ~qP~l~ld~i~n~i~qi~C~L the ~0 be normal high water mark of ~c~o~o~s~t~i~t ~0 ~r ~.~$~'~a~nd court ~0~R~p~sp~o ~- the, cc ~6qr~2qL Ards. ~r~h ~1~3 will ~Qs~ib~l ~'~R ~.its ~.~1~1~, ~~ds, rivers, an~o~lsalt water bodies. ~u~n~ne~e~d Winne~, ~V84~h~a~t~. sup. d~4~l~a, ~g~u~n~q~L~d~t U~ municipalities in Maine are ~cd tons ey ~l~y~n dec~i~d~.~' ~4q"I~ld ~q@~Is~lde~a~t~s but ~e areas CEO And ~a~nd ~U~n~t~a~, ~v~, 3so. the or lie ~~uired to adopt, administer, and ~.~-~t~h~e Many ~.~.~q"~w~Or~t ~1~1~4~- The ~,~ ~f~or ~c~r~i ~. d~l~qn~rae~n~q~@~qu~u~q@ ~P~S~T~4~0~i~t'~qe~c~,~"~l~e to P~ro~qp~o~s~4q4~o~f~t~h~'~t~o able At ~p~, ~-Issue by ~ot~er~s t~q" ~.Of the ~1~7d~a~y~-~8 ~m~e~o~t~h, ~b~i~qWo~t o~r~r~qQ to ~)~n Rich ~6qe~8qf~8qte ~force a sh~orela~nd ordinance at the SOO ~1~0 ~a~l~s guide ~1lacks it ~,of ard D ~~~ as restrictive a the State's d' Q~r~w P~p~o~ne~M~s ~of ~s~qf,~ad ~s~o~r~d~i~n~a "I d ~8q4~1~,~r~I~f~t~i~-~1~q. a ~qM they ~t~u~i~n~ce ~. ~n~o~t~o~, too~.and, Strict ~c~o~n~ar~n~i~s ~-~O~P~P~O~' ~Ma~n it ~b0~O~d~b ~v~i~r~o~,~i~n gains~, 4~9~9~4q4 ~t~h~8qZ~I~qF~q;~h~,~@~, ~n~e~n~ts ~.~4~8~c~o~c~t~e~, ~Y ~d~i~f~f~o~e~f~r~q* like ~4q"~C~'~s ~a~nd ~W ~'~q"~A~l ~r~o~z~i~(~lb auumurn ordinance. The ~nu~mmur~n ~fc~c~qi hob~j~ect~i~ld ~ty ~,~,~. ~en~" the ~O~w~n --lance ~h~a~s not been updated am "I do ~q!~M~Q ad t~h~' ~4~1 bc~c~q@ fro ~M~le~c~e~n~t ~v~z~@~a III~-~s~h Irid go~, I? ~dr ~S~,~,~t~u~or~y hill ~e~r ~qt~he new a ~t ~t~a~pp~r ~%~,~c~c ~r~i~n b~M b ~'~9~9~, to ~qot~i~ld T~pr ~91~1 Make People ~au~se 6~q6, and 0~4~1~4 that ~ha~l~id ~a~t~e~s ~Y local s~w~4~n~i~p ~U~qQ~M~S - ~p~; ~4 ~d~at~i~o~n ~it~ny~q&~6qz~.t~i~c~on~, ~1~. ~'~9~00~r~a~n ~'~p~4~l~P~er "it ~.~. ~0q"~V~o~i~c ~- ~B~ut~ ~q0 ~- ~e~v~e~l~o~pe ~,~y~. ~.their ~ndi8~h~t ~t~h~e "'I- ~s~w~, ~4$ ~b~O~I~h P~ick~i~~P~m~e~s ~i~n ORO~ can he own ~h~n~a~p~p~ro~p~, ~4~0d~o amp, said or AM ~qQ favor ~t I and ~a~l~t~id ~e~qk~-~M~t~c~p~, lid. Protect .he f~o~r r~c~ad~l~.~, tip ~t~qZO~u~ld hurt that ~c~4~n~'~'~,~R ~g~i ~q, et ~f~1~c~, 'ate d ~d~S ~t~h~e ~e~l~le~l~o It ~0qk~s~q@~o~p not ~b fro ~c~t ~O~w d ~th~20~4~1 '1* --- ~ob~e~f~t ~I~t~hl, ~e ~q~@~s~, ~and ~n~8~l~I~tsIPros Pine~"~M ~n~0~eb ~-~Y the ~n-~l~e~as ~c~, A~, ~;~s~s~. ~t~o t~h ~'~5~1r~uc~t~- ~0 d~P~e~c~t IV argued ~9 in r t~w~o ~h~qo~i~l~ld~e~r ~b~u~r~- 'CIE e ~@30 'on ~i~n eve~.~o~f~l~o ~: ~O~W t~i~ld. ""Old lop sing all ~O~rk ~p Orion~; ~o~1~r~e~f~t~h ~g~u~y is so ~- ~M~es a ~0 Puts ~W~n~e~r to ~" that ~q4~0~'~J~z~i~c~h ~f~eet~f, ~q0~h~a~t~, ~"since ~e~0~p~le ~r~, ~a~s or consul Mir t~o ~h~i~a ~y~c~ai -~r~u~p One but S~u~bjec~t~i ~ard At. "I ~r~o~n, t~h ~0 to be ~c~on~. ~Pr~o~p~o bey to ~*~a~o~i~t~t~o ~e~s~w~o~u~n ~s~er~b~a~c ~qy~o~,~"~, 0~1~, ~7~7~@0~, ~q;~q"~b~1~2qZ~W~qW~L~,~,~u~qb~~Y ~3~r~4~'~9~j~d~ht ~"~'~is and ~h ~'~,e b~qi~q@~l~q~g~l ~b~e b~i~g ~4~, ~C~u~t ~h ~'~v~e i~n~t ~$~4 ~waProtect~k ~C~o o~p~e~r ~t~h~i ~e~ls ~g~o~4qQ Ionia to~0~r~e~t~-~W~- ~p~r~o~t~c~t~t ~,A ~e~r~s~nhIt My It bur I d~P~as ~O~PL ~A~nd~6qC~s~tr~i ~f~t ~'~P~i~t~ak~e~r~p ~at~i~o~n ~" -din" ~n~n ~-not~e way kwhat Ing ~1~1~0 again$ who ~hsaid *ant con, he s~c~o~,~ ~We~r ~4~rd~t~-Another ~Me~n~z~b~o,~,~q@ ~r~"ati., e ~h~.~, the ~c~ad r~e~sp~e, who not their ~'~b~e ~and COMM~,0~e~d~.~e~f~, ~17~l~i~a~l~, ~u~r~r~o~nt Neil ~R ~, for the 'Poke ~a~t~te~, ~to ~_~_ ~'e ~r~es~i or. ~" ~hs not lie ~a~M~sd~ell e~n~vir~o~, Of ~0q4~qP~O~Sed~qo~'~h~e~r~s~up~p. ~'Saint~, Proposed de~n~t~as~k e ~o~b~- wood c~r~i~ti~c~i 'a ~b~u~i~ld~e~r~i~M~e~M his zoned tile O~r~d~i~n~a~n "erg of to hire ~4 ~, rules ~. ~o~ed ~w~h zone ~c~l~u~t~i~n ~I~Z~qW ~q@~Jt~s ~n~a~te~r~i~n to ~d~r~e~f ~'b~i~o~l~o ~O~u~ld r~o~c~2qZ~he~r ~t~8 ~-~I~l~e~s~(~ri~-I plan~Uhe Q~ni~r~n' ~qf~qt~t~i~o~n in the croons ~8~1~4~n to ~ge~n~c~l~qM ~S. ~?~@~q:~q@ also It his t~h a's ~f~e~e ~8 (~q4~1 d, ~S~h~Ore~l p~1~h~r~r~e ~. ~4~q4i~s~h ~Y ~c~or~c~6q4~qs~4qT~i~o~q gist ~'~i ire hi~M~hOn ~e~rs~u ere no ~, ~p~e~r~h IliIrunga~er ~a~nd ~4~q4 ~11~11~1 'P~s ~qW~O~0qZ~,~0~0~1 ~q"A~l~O~t _ ~0~& ~'~P~l~n~l~i~c~at ~- a ~P~h~O ~t~h a~t c~u~t~tin ~" on ~th and P~q-p~l, ~qf~qt~o~n ~q"C~id~ed ,~rd 'On ~)~c pen ~9 ~e~ncou ~c ne~w Other ~?~'~W ~w~*~0~4~1~, ~6t~h~e~" ~Ot~er~s ~o~s~e whether ~I~q@~o~s~e~qd ~t~q@ A~n~o~t~h~6qW~' the ~hap~pe P~l~e who rages growth lore to ~a~M~o~u the ~e quo Aar' ~W~O~Od~l~o to ~O~w~n are A ~101 ~o/ ~t~e~r.than ~40 ~p~r~,~~q@ or to ~Ord~i~n~a, cationIA" ~0~1~1~o~qr~t~r (lie ~r~ek. c~e of o~w~n ~a~nd that a good ~I~qW I& code 77~, ~*Ing or Would Pro~l~q@~0q@~q! ~e~nj~o~y~i ~O~l~h ~P~q1 0~*~1~,~,~,~,~' ~S~POk CO. can't ~e C~o~n~st~i~t~t~, ~.private ~I~C ~a~qf~qt~qn~q- ~q-~P~qu~qb~ql~qi~q- ~4`~8q4 ~qn~q-. ~t~io~qn ~q-~and People ~qo~t er~, ~q/~0qM ~12qT~q- cluster development so that large tracts of land are however, voters expanded the construction setback ZONING ~q7~84q/~q1~q1/~4qff left undisturbed. Special watershed building con. on water bodies greater than five acres in size from trols extend 750 feet from the water's edge, and 75 feet to 2~q50 feet, and in ~qKenn~qebu~qn~qk, voters placed density is limited to one dwelling per 15 to 20 acres. tough restrictions on ~qshoreland development wh~qa~qs Small town, big ideas Voters also gave the planning board jurisdiction approving cluster development. over all subdivisions, regardless of lot size. (The Moratoriums in towns facing development state exempts lots of more than 40 acres from local pressures continue to sprout like weeds. Yarmouth The tiny Washington County town of Northfield review unless specifically cited by local ordinance.) recently slapped a 90~q-day building ban on its Main (pop. 88) has ended an 18-mon~qt~qh-lo~qng subdivision The Northfield action comes a year after resi- Street zoning district and a 7~q5-day moratorium on torium by adopting what one state water' dents learned that developer James Penick had its water-oriented commercial district. Union vo- quality specialist has called the most progressive purchased 2,740 acres with 10 miles of lake frontage ters extended the town ban on major subdivisions to land u~qse ordinance in Maine. Jeff Dennis of the in town. The new land-use ordinance contrasts minor subdivisions, while in Stonington, voters will Mora state Department of Environmental Protection sharply with the vote last month in nearby Cutler, decide next week whether to enact a one-year says the special ~qshor~qeland zoning adopted by where a comprehensive land use plan and ove~2q;~q_ building moratorium designed to give town plan. Northfield residents by a vote of 36 to 6 last month board discharge ban proposed in response to ners time to draft ordinances aimed at controlling assures protection of Bog Lake and other Ponds developer Norman L~qangdon's subdivision proposal subdivision growth and preserving the working from algal blooms while permitting controlled on We tern Head peninsula were defeated. Sho- waterfront. In central Maine, members of three ~qsho~qr~qef~qront land development rela~qnd protection ordinances also have gone down Fairfield planning panels are nearly ready to The Northfield ordinance requires Minimum to defeat this year in the southern Maine towns of submit a subdivision ban to the town council for a shore frontage of 200 feet per lot and encourages York, Wells, and Kerm~qab~qounkport~q. In Ar~qtu~qadel, vote on August 19. 19 DEP REPORT ON EFFORTS TO SECURE STATE FUNDING FOR DEP FEDERAL CONSISTENCY REVIEW & COORDINATION CZM POSITIONS & TO IMPROVE ADMINISTRATION OF ACTIVITIES -- August-October 1987 CORE LAWS -- August-October 1987 @he Bureau continues to work on ways to secure State funding for those 08/14/87 Received Federal Consistency Review for Removal of an old pier on positions. A particular approach has not been chosen as yet, but Peaks Island Maine by the U.S Amy Corps of Engineers. something will be submitted to the Governor for consideration during the second regular session of the Legislature in 1988. 08/20/87 Received Federal Consistency Review for maintenance dredging of the Federal Navigation channel and anchorages in the Saco River by the Work is under way to rewrite the Solid Waste 14anagement Rules (P. & S. U.S. Amy Corps of Engineers. Ch. 28); and an internal working group is working on ways to improve the licensing process. 08/27/87 Received Federal Consistency Review for maintenance dredging by the U.S. Army Corps of Engineers of the Federal Navigation Project in The Pool, Biddeford, Maine. 09/01/87 Meeting with John Delvecchio (State Planning Office), William Laflamme (Federal Consistency Coordinator at DEP), and Philip Garwood (DEP Federal Consistency Reviewer) to discuss strategy for early coordination of Federal Consistency Reviews. 09/03/87 Federal Consistency Concurrence and Water Quality Certification issued for the Renewal of 5 Regional General Federal Permits in Maine. 09/14/87 Federal Consistency Concurrence and Water Quality Certification issued for removal of an abandoned pier on Peaks Island Maine. 09/24/87 Meeting with representatives of all other affected Maine State Agencies to discuss Federal Consistency Reviews and the need for early coordination as well as timely processing of agency reviews (P hilip Garwood attended as DEP representative). 10/02/87 Federal Consistency Concurrence and Water Quality Certification issued for the Saco River Maintenance dredging project. 10/15/87 Federal Consistency Concurrence and Water Quality Certification for the Biddeford Pool maintenance dredging project. 10/23/87 Meeting with John Delvecchio (Office of Economic and Community Developnent). William Laflamme (D.E.P. Federal Consistency Coordinator), David Dominie (Land Bureau Licensing Division Director), Philip Garwood (DEP Federal Consistency Reviewer), Paul Pronovost (Chief, Impacts Analysis Branch, U.S. Army Corps of Engineers, New England Division). "FCREVIEW" C. DOC - Improving Technical Reviews of Core Law Applications The purpose of this task is to fund a coastal geologist in the DOC, Maine Geological Survey, to provide technical geologic reviews of coastal projects and technical assistance to the public and to local, state and federal officials. The MGS report on its activities this fall is reproduced below. D. MMA - Code Enforcement Officers' Training_ A contract with the Maine Municipal Association's legal staff for updating the Handbook for Local Code Enfo1c,ement Officers and producing a series of Basic and Advanced Code Enforcement Officers Training Workshops was prepared for MMA review prior to signing, as per the project Benchmark. E. RPCs - Technical Assistance on Core Laws & Local Land Use Studies. Contracts were negotiated with the seven coastal regional councils, thus meeting the Benchmark for this task. A series of seven workshops were coordinated by the councils, with presentations from the SPO, DECD, DOC (LURC), DMR, DEP, etc. Attendance, mostly local officials, varied between thirty-five and sixty. The workshops generated numerous municipal requests for specific technical assistance, mostly relating to the shoreland zoning and subdivision laws. The regional councils provided assistance directly or with the help of other agencies such as the DEP. Task 2 -- Local Projects A. Coastal Planning Grants Applications from coastal towns for 1987-88 local Planning Grants were received in mid-September as per the project Benchmark, evaluated, and reviewed and approved by the OCRM in November, thus meeting the Significant Improvement Benchmark for the task. Award letters from Governor McKernan were sent to towns listed on the next page on November 25, 1987. B. Waterfront Action Grants WAG guidelines, criteria, etc. were submitted to the OCRM in July, 1987, in advance of the Benchmark date. The SPO received letters of interest from 25 communities by the August 7th WAG deadline. Staff visited each municipality to evaluate the project site and assist local officials with application - procedures. Fifteen applications requesting a total of $466,331 were received by the September 21st deadline. The WAG review committee recommended eight projects as listed in the table below for final review and approval by the OCRM, in accord with Special 21 Award Condition #16. Several projects which were incomplete as of October 31st will be submitted to the OCRM at a later date. Task 3 -- Interagency Coordination A. Federal Consistency Responsibility for federal consistency coordination was re- assigned to the SPO from former SPO staff now in the new Department of Economic and Community Development. Improvements to the federal consistency handbook prior to reprinting were discussed. A meeting of representatives of several State agencies was held on October 13th to discuss federal consistency issues and procedural Improvements (including early coordination of State review of federal permits, especially as relating to the Corps of Engineers), and to call attention to the inappropriateness of conditional concurrences. Representatives of a number of State agencie, including several SPO staff, attended the "NED Futures" meeting held by the New England Division of the Corps of Engineers to explore specific suggestions and proposals as to how Corps working relationships with the States can be improved. Other federal consistency activities are indicated on the Federal Consistency Log reproduced below, and in the DEP's quarterly report on federal consistency review and coordination activities reproduced under Task 1A above. B. Coastal Advisory Committee This Committee was inactive during the reporting period, pending a reconstituting of the parent Land & Water Resources Council by the McKernan administration. Task 4 -- Local & State Program Administration A. Technical Assistance & Local Grant Administration See Tasks I.E and 2. B. State Program Administration 1. Administration -- Agreements were negotiated with the DEP for Task I.A, The Nature Conservancy for Task I.B, the DOC (Maine Geological Survey) for Task I.C, the IF&W for Task 4.C, and the new Department of Economic & Community Development (DECD) for the accomplishment of Tasks I.D, I.E, 2.A, 2.B, 4.A, 5.A and 5.B. A draft "Summary of Accomplishments Resulting from Coastal Planning Grants, 1983 - 1987" was prepared, which will be updated for inclusion in the next Progress Report. In addition, the first draft was prepared of an updated explication of the Coastal Program, tentatively titled: Maine's Coastal Program: A Handbook on Coastal Policies, Laws & Activities. 22 OADEA 10-- -20 STATE OF MAINE Inter-Departmental Memorandum D2, 12/3/a7 Blakeeley memo TO Bob Blakesley Dept. State Planning Office Page 2 From Steve Dickson, Maine Geological Survey Also of note includes writing for: Summary of CZM/OCRX activities at mGs this fall A MGS coastal development "position paper" A legislative iniative to create a marine geologist position with state funds This mezo summarizes my general activities performed this fall and made A draft bill and statement of fact following the legislative iniative A(cuarrenitolly onn tchestavlernors's office) Maine's newsletter (circulation 225 approx. Possible from the Maine Coastal Program grant to MGS. You may find parts of and development)for the Geological Society of this s4mmary useful in your report to OCPM. A brief for Geotimes (a geology magazine with international circulation) In general the activities include handling and responding to outside inquiries on my CZM activities on coastal matterat holding meetings, reviewing coastal zone Projects, both Weekly highlights for the Governor's office on significant events Text for the 406 Plan's chapter on hurrican state core law and federal consistency types, conducting field visits, as well as and coastal storms as providing advice to individuals, municipal, state, and federal agencies. Further work involves presenting materials at workshops, public speaking and writing. A considerable effort was made this fall to finalize the new draft of the sand dune rules. This involved many hours of cooperative work with DEP. The BEP I have kept a detailed record of activities that underestimates the actual will probably vote on the new rules December 15. Please contact me for any number of tasks performed simply because they are not all recorded. On the clarification or detai Is if you would like them- average, 20 outside (MGS) requests are made to me each month for assistance and information an coastal matters, Ten visitors per month seek maps, coastal cc: Walter Anderson, NGS to air photographer dater or discussions (excluding map orders) on coastal geology and processes. Two written requests are made per month for information (exclusive of sand dune map orders). In addition to these visits and requests, Joe Kelley has a similar number or more that he responds to via his Orono office. Since July 20, 1987, when we began to keep records, 46 orders for sand dune maps have been filled for a total sale of 180 maps. This averages about 42 Band dune maps sold per month. The following numbers are for the three month period of September through November, 35 project reviews, mostly sand dune permits 22 requests for individual advice, including BIW. public, and scientists 56 state agency requests for discussions of sand dune projects, briefs for commissioners, directors etc. outside MGS and including DEP, SPO, DECD, DOT, DMR, and DOC 7 federal agency actions, including some with Senator Mitchell's office 3 days of field work and site visits 5 days working on coastal hazard mitigation for the 406 Plan 3 conferences, including presentations 2 workshops 1 lecture on coastal processes and coastal zone management (continued) 1987-88 COASTAL PLANNING GRMTS Jonesport Coastal Access Sites $12,500 S 6,250 Donald Stewart Sr., Selectman Project Town Office, Box 301 Local Jonesport, ME 04649 Municipality Title/Manager Grant Mate Tel: 497-5926 Cape Elizabeth Harbor Planning 010,000 $10,000 Monhegan Preliminary Planning for S 7,000 S 3,500 Michael McGovern, Town Manager Monhegan Wharf and Passenger PO Box 6260 Freight Building Renovation Cape Elizabeth, ME 04107 Tel: 799-5251 Willard J. Boynton First Assessor Cumberland' Engineering Feasibility $14,000 S 7,000 Monhegan Island, ME 04852 Study for Stone Wharf on Chebeague Island Tel: 594-2932 Robert Benson, Town Manager Mount Desert Comprehensive Harbor and $10,500 S 5,250 PO Box 128 Waterfront Strategy and Cumberland, ME 04201 Action Plan Tel: 829-5559 William Cox, Town Manager Friendship Town Office Preliminary Planning for $10,800 S 5,400 Northeast Harbor, ME 04662 Public All Tide Access in Friendship Harbor Tel: 276-5531 Saco Saco Bay - Saco River Public $ 8,ooo S 4,000 Ahti Autio, Waterfront Committee Access Study 417 Bradford Point Rd. Friendship, ME 04547 Peter Morelli, Planner Tel: 832-5237 300 Main Street Saco, ME 04076 Gouldaboro Public Access Strategy and $ 2,600 a 1,300 Tel: 282-3487 Action Plan Dorothy Osborne, Planning Board Stockton Springs Sandy Point Beach Action $ 4,600 $ 2,300 West Gouldsboro, ME 04607 Plan Tel: 963-2931 Earl Brooks, Selectman. Hallowell & Regional Code Enforcement $10,500 S 5,50D PO Box 242 Chelsea Stockton Springs, ME 04981 Michael Burnett, Director SKP&DC Tel: 567-3403 125 State Street Stonington Waterfront Comprehensive $ 4,000 S 2,000 Augusta, ME 04330 Plan Tel: 622-7146 Jonesboro, Machias Ingrid Bengis, Planning Board Machiasport, & PO Box 8 Robbinston Stonington, ME 04681 Regional Code Enforcement a 9,800 S 4,900 Tel: 367-2416 Richard Varney, Planning Board York Town Ownership and Public $14,200 $ 7,100 Jonesboro, ME 04648 Access Rights, York Harbor Tel: 434-2641 Anthony Dater, Planner Town Hall PO Box 9 York, ME 03909 Tel: 363-5497 Aw 'am 'Off go go a* AM me so 00 PROPOSED FY87 MAINE WATERFRONT ACTION GRANT PROJECTS (Submitted to OCRM for review and approval) COASTAL TOWN PROJECT TITLE FUNDING 1. York Rehabilitation and $46,000 Expansion of the Town Wharf 2. Scarborough Town Landing Acquisition 50,000 Project 3. Augusta Riverfront Greenway 24,931 Footpath 4. Rockport Floats and Ramps at 7,000 Rockport Marine Park 5. Vinalhaven Vinalhaven State Eeach 50,000 Acquisition 6. Southwest Harbor Manset Dock Boat 5,812 Pollution Abatement Facility 7. Bar Harbor Harbor Park Development 40,000 8. Machias Machias Riverfront Park 24,000 South Side Shorepath 25 FEDERAL CONSISTENCY LOG Date Activit Persons Tnvolved 1987 June 24 COE meeting in Boston nobody went September I Meeting with DEP on consistency to plan for J. DelVecchio, Katrina Van Dusen, October 13 meeting Phil Garwood, Bill LaFlamme September Several conversations with Anne Blackburn, Anne Blackburn & Katrina Van Dusen COE about Nov. 4 'NED Futures' meeting, discussing mostly state representation at meeting. October 13 Meeting at SPO with all state agencies to SPO, DECD, DEP, DMR, DOC, & IF&W discuss conditional concurrences - early coordination October 23 Meeting at SPO to talk about ongoing J. DelVecchio. Phil Garwoodv Bill LaFlamme, problems with deadlines. etc. and Paul Pronovost, COE (Peaks Island, Ft. Fairfield) November 4 'NED Futures" meeting in Waltham J. DelVecchlo, Jim Bernard, and other Maine State agency representatives November 9 phone conversation with Karin Tilberg, Karin Tilberg Maine Audubon about Diamond Cove Associates' (Gt. Diamond Is.) NPDES permit. Follow-up with Charlie Colgan, SPO Phil Garwood, DEP and Jeff Pidot, AG Can SPO make a consistency concurrence/ non-concurrence on this EPA NPDES permit? No, because DEP water quality certificate already granted; when granted, consistency is assumed. Karin's point: old water quality standards used by State. Also, can *coastal management policy guidelines' be part of consistency review? No, they are not officially part of MCP November 9 Someone from Marine Law Institute called on same issue. November 9 Cape Arundel ocean disposal site Bill Hubbard. COE COE working on site designation document EPA is writing EIS; COE will send data in 3 or 4 weeks for technical feedback. November 9 letter from Zidell, Inc. authority from rcc Jim Bajec, Project Manager, for barging Regulatory Division November 2*3 Mike Keegan, COE called about designation o f Bass Harbor dredge disposal site November 24 follow-up on above Bill LaFlamme, DEP and John DelVecchio, DECO (called Mike back and told him to send map and any other pertinent info.) December 3 Met to discuss federal consistency and Katrina Van Dusen and John DelVecchio rewrite of handbook, and pending projects December 7 Phone call regarding Newbury Neck, Surry Arthur Washburn, HCRPC and John DelVecchlo December 8 letter from COE about plans for Newbury Neckj informed Washburn kvd/l/09 26 The SPO Advisory Bulletin was completely redesigned in a more readable and attractive format with the title "Community Connections;" Volume 1, No. 1, Sept. 1987, was published and distributed to 1200 State and federal officials and key local officials in each municipality. See Exhibit D-4. 2. Public Education Initiatives -- "Guiding Growth: the Maine Challenge," a 20-mInute narrated slide program on growth management, was ready for showing by the end of the summer. The show explores the importance of the Maine landscape for the state's people and Its prosperity. It identifies parts of the state growing rapidly and how this growth is affecting Maine's natural resources and communities, and asks the viewer to think about the policies Maine needs to guide growth rationally. Guiding Growth" was shown in many communities the length of the coast and in several inland cities and towns during the fall. It will be used this winter as part of a publicity effort promoting the administration's growth management legislative initiative. A Coastal Program staffer acted as Coordinator for the highly successful "Coastweek '87," October 3-12. This entailed encouraging the sponsorship of special Coastweek events, organizing the printing and widespread public distribution of a "Coastweek '87" Calendar, promoting events throughout the state, including a special Coastal Cleanup day, and obtaining extensive radio, TV and newspaper coverage of the celebration. This is the second year that the SPO served as sole coordinator of both Coastweek and the Coastal Cleanup. Nearly twenty organizations sponsored almost forty diverse events for adults, children and families, touching on cultural and natural history as well as the hot coastal issues of the day. Local cleanups the length of the coast from Eliot to Eastport attracted nearly 800 volunteers, 60% more then last year and 115% more than 1985 (see table of results). Organizers included numerous individuals and organizations, such as Audubon chapters, conservation commissions, land trusts, school groups and Scout Troops. The growing spotlight on the problem of plastic debris in the world's oceans has added a little glamour to mucking about a salt marsh collecting old beer cans and MacDonald's burger containers. A Coastweek highlight was Sea Fair, a family-oriented day- long festival organized by Maine Audubon. Despite rainy weather over 1,200 people came to the Percy & Small Shipyard in Bath to enjoy music, exhibits, presentations, seafood and boat rides. The Coastal Program sponsored two evening forums on public access. 27 ~0 SCHEDULE OF EVEN'TS FRIDAY, OCTOBER 2 MONDAY, OCTOBER 5 Seals School Science and Natural History ~I~t~t~ql~ep~scot Historical Society Exhibits and Tours Maim Aquarium, Route O~n~e~, ~S~a~c~t~i, 4,~0~0 ~1~% ~i~n~. Enrichment Project 159 ~P~ar~i~t Ro~s~q, Br~onn~o~t~c~k~, Monday through Friday, 10.00 a.m. us ~S~e~e Monday, October 5th ~f~o~r details. ~R~ack~i~i~i~n~d~, 8,~0~0 am. to 5:0~0 Am. ~1~,~0~0~A~m. The DEFENCE Story This workshop is open to midco~a~s~t teachers of grades K~-12 and Visit the turn of the century home of Captain Alf~md S~k~atfi~c~id, their school ~v~o~l t~e~v~ar~s. The ~I~mu~s is on using the local ~en~vimn- one of Moines p~r~o~mm~ent ~s~c~a captains ~a~nd shipping merchants. Maim ~S~t~a~te~A~lu~seu~m~,Au~gu~i~r~i~s~, 7~.3~0~A~m. bit tour ~s~m on For a description of this fascinating talk and ~ex~hi men~t as a ~u~n~c~hing resource and as a basis for scicr~i~tific, inquiry. Guided tours are available daily at 10:30 a.m. ~a~nd 1~:30 p.m. Addi- Sp~on~t~a~ir~ed by 'he Maine Audubon Society. found exhibits a~s~c located in the adjacent P~e~j~ep~scot Museum along Sunday, October Sth~. Free ~($~5~.00~1~.~13 ~m~c~er~t~i~l~u~a~tu~m cr~e~d~a~z~@ Pr~e-re~gi~s~tr~a~ti~o~n is required with a special c~i~thibi~t of watercolors ~a~nd wood carving by "I Public Forum ~a~n Public Access ~23 Space is limited. For mote information call Carey ~I~l~m~a~l~a~s~t~; at artist Forrester featuring coastal s~c~i~r~r~ics and theories. *~N~t A.~J~a-.., B.~I~j~,~w ~Fr~oe Library 781-23~30. F~r~i~. admission or P~i~l~e~l~o~c~ar A~l~s~i~r~a~w~a~s~t. House ~a~n~or~t $5. ~OUJ~ar adults, $~2~.~50f~- children~. For mom information call 729~-6606. 46 High Street~, 7,30 A SATURDAY, OCTOBER 3 Participate in this informative and provocative discussion of The Shore Tour public access issues in Maine~. For d~e~ouls ~s~m Tuesday, October 6th. Volunteer Coastal Cleanup Wolf Neck Woods ~S~i~a us Fit this ~r~i~mp~o~s~t~, 2~. 0~0 A m. ~(~J~e~t~,~,~/~. ~1~.~.h~,~,~,~) S~e~e Sunday, October 4~t~b for a description ofthis natural history THURSDAY, OCTOBER 8 Welts Reserve Walking Programs walk. Fall Hawk Watch Animals of the Coast of Maine - L~ob~st~er~o~t ~i~lar~p~s~@~U Neck, ~Y~-~3~0 a.m. With~, ~l~a~*00 am. and ~1~-~0~0 ~Am. for adults, 1:00 Am. for J~o~i~qn~qd~i~es~. ~Ma~m~o~r Aquarium~, Route One, Saco, ~4:00 ~A~m. &ch hill over 5~,000 hawks of twelve species migrate overfills Ile walks will traverse the Revive lions the historic L~a~tudholm Enjoy this special program J~b~i~cu~s~i~o~ng on the lobsters ~c~if~the Gulf peninsula in C~asc~i~s B~ay. You c~a~s~o probably ~s~e~s~e several ofth~ar~t~i~l Spon- F~a~i~n~t~o the beautiful nit ~inarsh~ics ~of~the Little Rim E~s~s~u~s~s~ay~. Along of Ma~in~e.Th~t Maine Aquarium is ~sp~e~c~o~n~s~t~i~ng ~mh~c~r special pro- ~s~o~m~d by ~M~i~s~t~-~C~o~n~t Audubon. the ~l~s~a~y participants will learn about the cultural a~n~d natural history ~9~m~m~s on the Animals ofth~e Coast o1~iM~a~m~e throughout C~o~s~a~swe~ck Fees. Limited walking required. For more information call jean ~o~f the Reserve through ha~o~sd~a~@n activities. ~(Tuesday~, Wednesday will Thursday at 4:00 pm., Saturday, Sunday Hamlin ~at 586-6901. ~F- ~$1.00 per Person or ~$~3.0~0 ~p~e~rf~am~l~i~fy. For mom information ~a~nd Monday at 2:~00 pm.). call 646~-4521. Special program~, included ~i~n price if ad~mu~e~a~s~s. For more~ The Shore Tour information call 2~8~q"512. ~W~I~l~f Nock ~W~i~s~a~, Star, ~P~.~4~, ~F~wp~or~t~, 2,~0~0 A Field Trip to Little Moose Island Coastw~e~ek Gallery Talks ~a~nd Tours See Sunday, October 4th for details. F~r~s~i~s~s~or Point Acme A~r~s~t~s, S~c~A~w~d~ic ~P~e~n~an~i~s~d~a, ~I~&~W &~i~n. Enjoy ~th~e birds, views and unique geological formations ofthi~s Mai~t~u~rS~ta~m~M~us~c~u~m~, Augusta, ~"~l~a~s~k~i~n~cr~u~g~"a~t IJ:~0~0a~.m. and Tour ~s~l~i~"~I~"~h~e~Ag~e~fS~t~e~s~t~i~o~n and Sad",~n~u~ff'T~h~e DEFENCE S~t.,y~'~a~t ~2:00 less Visited part of Acadia N~i~t most Park. -~a~i~v Am~.. ~A~t~a~-~d~a~l~s ~t~h~r~o~s~i~t~h Friday Fire~Ail -1~c~om~s~. ~F~a~r ... immolation ~all Bob Mi~l~l~u~d~a at 58 1 - J 128 (~d~ay) or 2 ~qW2 ~S 32 ~(~evc~.~l~i~n~g~.). Bring your firmly or class to ~s~ic~s, the many ~e~xh~ibi~n~s ~a~nd special rognu~s~s~i~s at ~th~e State ~Mu~c~t~um ~q" ~add~icu the natural ~a~nd cultural ~c Tides of Change Bicycle Trip ~Ph~qi~s~tory ~of the Maine coast. M~a~er at Winslow Park, South F~r~e~l~4~p~ur~t~, ~*00 am. Phil~. For further information call 289-2301. This 20 mile bicycle trip will take participants through some It Confederacy Downcast ~of~the loveliest portions ofth~e southern M~ai~s~i~c-~s~t~ Beginning Yarmouth Community ~l~i~u~m~o~s~s E~. Main Street, 7:30 A ~m. at Winslow ~T~rwn Park, ~th~e trip will Am the ~sho~r~e~b o~f the H~J~I~T~- n~a~q-~l~i~c~t Estuary passing ~th~mu~gh~,~l~u~e~e virtually ~t~i~n~d .... ~g~i~s~d 19,h Come bear Mown Philip Smith talk about his int~er~i~a~t~ing mew century villages and ending at b~u~c~t~i~tu~i Wolf Neck Woods State book. Sponsored by ~th~e Yarmouth Historical Society~. Th~e Human Impact on the Gulf of Maine Park. Participants may elect to shorten ~th~e trill by half and be Free~. Open to the public. F~o~r mum information call 846~-6259. B~i~g~e~l~q= Lab, At, K~a~t~i~m ~A~,i~n~t~, ~W ~B~w~t~h~b~ay Harbor, afternoon transported back to Winslow Park f~ir~o~m Wolf Nets by ~v~a~n. ~Spon- A panel of'~sc~i~entist~s and policy m~al~ic~i~a will discuss the impact stared by the Freeport Historical Society. TUESDAY, OCTOBER 6 human activity is having on the Gulf of Maine. The di~s~c~as~s~ion ~F~a. ~S~&~W for members, ~$10.00 for ~n~o~n-~me~mber~s~. For mom will ~s~un~g~e ~I~mn~s ~s~h~e p~r~a~t~i~l~c~i~n~s o~f plastic debris to the destruction information call 865~-3170. Fishes of the New England Coast ~i~sf~i~a~h ~u-~sh~e~s~, from ~th~e~d-~l-~g-~f~l~ic~a~vy ~m~e~l~o~d~s to tidal p~u~.- Maim Aquarium, Rouse O~n~e~, ~S~a~c~t~s, 4:~00 ~Am. Spor~m~o~r~e~d by th~e Bigelow Laboratory for Oc~c~u~o~r Sciences. S~e~e Monday, October 5th for details~. Free. Open to the public. For further information a~n~d exact time The Shore Tour call J~enni 1.~4~g~a~i~r at 6 3 3~-2173. MAINE AUDUBON SOCIETY Wolf Neck ~W~ad~s State Park, F~~n~s~por~t, 2:0~0 Am Rare and Endangered Coastal Birds S~e~e Sunday, Oc~u~s~b~e~r 4~ah for details. L.L. B.~. ~C- ~S~,-~, ~C-~f-, ~C-~l~e~r~. Route ~1, ~F~-p~o~er, ~7~.~3~0 Am. ~ ~Y~t~A~u ~P~m. Rising Like a Phoenix: Portland and Commerce, ~Su~ianW~o~t~d,~v~a~rc~l~of~th Department of Inland Fish &Wildlife Sea Fa~4qtr 1790~-1815 will give a slide ~P-~qn~i~s~ix~i~on about Maine's special ~sc~i~t ~a~nd Maim Hi~m~o~r~i~n~s~l S~o~-~s~y, ~485 Congress Strauss P~o~w~l~-~n~a~t Acidity shorebirds. through ~A~iday~, 9.0~0 a.m. ~s~o 5:00 Am. Free. All welcome. View this exhibition of paintings, maps, artificial print& and documents depicting ~I~s~s~i~n~t~and'~s thriving mant~i~m~s~e-b~a~s~ed economy. FRIDAY, OCTOBER 9 Prot~. For mom information call 774~-1822. Estuaries: Evolution's Highway from the Sea Coa~st~w~eek Display ~W~W~, ~N--~l ~/~-~.~*~,~,.~a~r~,- Research ~R~e~se-~I With, 7,30 ~An~s. Falmouth ~A~llemor~ia~l Li~br~o~r~n 7~u~s~e~sd~ay and Friday Jesus 12~:30 A ~i~n. Dr. Rudolf F~' N~ur~inc~ir~r~acl~i~s~t~, an engaging speaker, will involve to &30~p~tm and Wednesday and T~hur~sday~l~i~u~m 9,~0~0 a.m. to ~&~,~00pm. his ~au~sl~i~t~r~i~c~e in learning h~o~w the Plain~' ~a~nd animals ~of~th~e means Expand your hori~sc~o~ss with this special display on the coast, evolved ~a~nd migrated through estuaries to the land. Some ofth~e~s~s, o~c~c~a~m~a~s ~a~nd the impacts of floating debris on wildlife. c~a~l~t~i~n~i~sm~. eventually ,turned ~t~o the scats edge ~and five in ~m~ir Public welcome~, m~a~ir~sh~l~ands today. Dr. Nur~men~t~a~ch~e~r is a Professor Emeritus of Zoo~h~i~gy at Clark Uni~qm~s~t~ay, Worcester~, MA. He is a member of Tour of a 19~th Century Saltwater Farm the Bermuda Biological Station with a special interest in the cru~s - ~P~e~t~te~n~g~d~! ~F~ar~i~u, off ~A~y~r~ng Point Rog ~l~i~w~e~p~o~r~t~, 2.30~-4,30 ~f~i~t as~., same c~e~a~r~t~s. of t~h~e ~t~i,~c~an~s~. Sponsored by the WcIls National Estuarine program also offered Friday~. October 9~. Research i~ft-~v~e. Learn about life on a 19~th "army s~a~r~kw~a~t~e~r farm. Tour the farm- All welcome. For further information call 646~4521. bou~s~s~e and out buildings that haw stood virtually unchanged for ~7~: Cruising the Maine Coast by Small Boat ~m~o~m than 150 years. Hear about plans for restoration of the property. Sponsored by the Freeport Historical Society. ~L~.L~. Bea. Ca~u~s, S~t-~i ~Co~s~l~i~se~t~u~a, Centers Route 1, ~F~r~a~l~l~y~n~i~n~, Far~. $~2.0~0~f~or adults, J~11~.~00f~orc~hi~ldr~i~m 5-12~y~ea~r~s. Walk into farm 7.3~0 A 9~1~i~f~t A ~i~n. is ~appr~o~s~aim~a~t~ely one mile, round trip. For further ~i~n~t~b~r~in~s~iti~on call Dave G~etch~e~l~l St., avid boater ~a~n~d ~I~m~e~l~anc~t writer on the sub- ~865~-3170. leas w~i~l~k show fides ~a~n~d talk about his ~c~ap~es~u~enc~e~s~ cruising on the coast of Maine. SUNDAY, OCTOBER 4 Public Forum on Coastal Access Fr~i~se. All welcome. Sass, City Hall, ~J0~0~Afi~s~n~s Street, ~7~.0~0~Am. Sea Fair Paul Stem flown the ~A~n~c~en~cy ~G~e~n~cr~a~r~s o~f~f~ic~e~I Alison Rica, from SATURDAY, OCTOBER 10 Rimy and Small S~h~z~p~q@y~z,~4 ~M~w~e~l~or ~A~llar~s~t~m~or ~A~l~f~u~se~am, Bail; 11:00 the Marine ~L~aw Institute, and representatives front the Regional Examining Live Sea Life ~q5~q:~q0~q0 ~qP~qm. Planning Commission and th~qe Stoic Planning Office will discuss A fi~ql~qm~qaly-or~qi~qc~qat~qed marine festival featuring over 60 ~qe~qshibi~qt~qs, per, the i~qn~qs~qic~qa~ql surrounding public access to the cons; the significance The M~q.-. ~q.~q1 A~ql~ql~qa~qi~qn~qe~q, 746 S~qu~ql~qa~qs~qs~qis Am, ~qP~qb~q,~qt~ql~qn~q4 ~qfo~qrmanc~qes and activities including built rides, ~qi~qs~qs~qil~ql~qm~qd ~qa~qnd much of recent court cases both in Maine and nationally ~qa~qnd their im- JO.30 .... mom. Sure to be a Just outing for a~ql~ql ~qag~qe~qal Sponsored by the Maine pl~qi~qc~qa~qti~qc~qa~qu for public ac~qc~qe~qu; and tools and techniques available for Through close-up =initiation and h~qandlin~q& the audience will Audubon Society. promoting access. Local officials~q, citizens ~qa~qnd others will have ~qth~qe b~qe able to learn about the ~qdi~qf~qf~qi~qc~qr~qent kinds of sc~qa creatures found F~qe~qe $4.50 for adults, ~q$4. 00 )~qm, sensors and members, ~q$2.00 J~qor opportunity to discuss local access problems. Sponsored by the in Imal ~qI~q,~qa~qtcr~qs. Sponsored by t~qh~qe C~ql~qu~qld~qm~qi~qt~qs Museum of Maine c~qh~qi~ql~qJ~qy~qt~qy~qh under ~q5~qf~qi~qn. For mom information call 7~q8~qV~q2~q3~q30. Community ~qA~qs~qi~qn~qst~qa~qt~qic~qe Division of the Su~qac Planning Office~q, ~qa~qn~qd ~qth~qe ~q(,~qo~qi~ql o~qf Maine Aquarium. A~ql~ql welcome~q. For further information call ~qJus~qi~qt ~qQuir~qst~qr~qell at ~qF~qm with museum admission. For children 2 years and up. For The DEFENCE Story 1779 28~q9~q-3261. ~qi~qn~8q= information call 797~q-5483. Wear a smil~qel Allstate Store Museum~q, Augusta, ~ql;~qJ0 A In, Edwin A. Churchill, Chief Cannot, will present a talk on the WEDNESDAY, OCTOBER 7 Wells Reserve Walking Programs c~qa~qc~qa~qv~qa~qtion ofartifi~qa~qcs from ~qth~qe 170 ton ship, th~qe DEFENCE, and ~qL~qa~qu~qd~qh~qo~ql~qi~qn 'Fruit Office, ~q1-~qi~qm~qt~qh~qohn Farm Road, off Route 1, ~qW~qd~qi~qs~qi~q, c~qap~ql~qain what thew objects sell U~qs about life at ~qs~qe~qv, and everyday On the Coast of Maine ~q1~q0,~q0~q0 a... ~qa~qnd ~q1~q0~q0 ~qI~qx.. fo~qr ~qJ~qu~qs~qtr~qi~qs 1:00 ~qA~qr~qn. for families. conditions in Revolutionary America. A tour of"Th~qe DEFENCE MPBN R.~q,~qh~qq ~q6:~q40 ~qa~qu~ql. Th~qe walks will ~qt~qr~qa~qv~qe~qr~qi~qa, the Reserve from the historic L~qau~qdholm Story" exhibit will ~q(~qb~qi~ql~qo~qw ~qth~qe talk. Listen to Paul Carter's weekly radio segment which brings Form ~qt~qo ~qth~qe beautiful ~qs~qol~qim~qar~qs~qh~qic~qs ofth~qe Little River Estuary Along Fr~qe~qs~qt~q. All welcome. For further ~qinfi~qnm~qation call 289-2 ~q101. together a rich blend of political, historical, archaeological, legal the ~qw~qay pAr~qt~qi~qc~qi~ql~qs~qi~qm~qs will learn about tire cultural ~qa~qnd natural history The Shore Tour and ecological material in the form of ~ql~qoc~qin~qu~qm interviews, coastal of the R~4q-~qr~q,~q, through hands.. activities. ~qmi~qt~qu~qr wood ~qefl~qict~qs, music and narration. ~qF~qm.~q- ~qS~ql.~qa~q)~qr- ~q1~q10~q0 ~qp-~qJ~qj~qm~qi~q(~qv. For more infi~qn~qin ~qW~6qWN~q"~qA Nth~q, F-~qP~q.~q"~qI~q'S~qu~qn~qj~qI~qt~qy through ~qlh.~q,~q,Jv ~q.~qI~qf ~q1~q, ~qU~q@~qJ Wells Reserve Walking ~q1~qb~qur ~qa~q, IN, A ~qm. T~qid~qepoo~ql Animals ~qE~qxp~ql~qam the varied ~qsh~qomlin~qic of'W~qi~ql~ql~qf~q"Ne~qc~qk Woods State Park with L~qa~qu~qt~qs~qi~qh~qo~ql~qn, ~ql~qi-~q, ~q0~q1~q1~qt~qe~qe. WWI~q,~q, J~q0:~q0~q0 ~q-~q-~qm~q- the park interpreter I.-, ~qi~qt~qr~qi~qn ~qth~qe i~qn~qf~ql~qa~qb~qi~ql.~q1~q1~q.~q1 Mid -~q1~q1~q1~q@~qgy Of See Saturday, October ~qJ~qr~qd (~qb~qir details. A~ql~q,~qs~qa~ql-~qf ........... R~q.~q-- O~qn~qa~q. ~qS~qa~qc, 2.00 Am. th~qe -1, ~qn~qu~qa~ql~qsh, ~qr~qi~qtud~qil-, ~qg~qr-~ql ~qb-h~qe~q.~q, -~qi~qt~qs ~qa~qn~qd .~q1~qd. pools. ~qC-~qs~qr~q. ~q.~q,~qt~qo~qy ~qh~qi~qs ~qs~q4-~qs~qi~qd ~qP~q-~qgr~qa~q. focussing~q; on ch. ~qti~qd~qe~qp~qo~qo~qf The Shore Tour ~qs~qm~qi~qs~qt~qr~qa~ql~ql, .~q1 h~qe (;.If ~qo~qf Maim. Free Open to all. Special group tours ~qc~qa~qn be :~qtr~qang~qe~qd by calling 865-4465 or ~q2~q89~q-~q3~qb2~ql. Dress ~ql~qo~qr the weather n~qdw~qe~qa~qr~ql~qinc~qa~ql~qs~qe~qr~qs. ~qW~qr~qI~qf Nish~, ~qW~qI.~qJ~q, Star, P~qf~qirk, ~qPr~qe~qsp~qor~qt~q, 2,~q00 A ~qi~qn. ~qp~qgn~qs~qm ~qm~qa~ql~i~ql~qd~qid~qn~qe prior o~qfd~qm~qi~qsn~qo~qs~qs For ~qi~qn~2q= Bi~qn~qmul~qa~qr~qs A. a good idea too~q, S~qe~qe ~qSu~qs~qid~qa~qy October 4t~qh for details. information call 284-4512. 28 Coastweek 87 For further information about Coasttweek 97, please contact: State Planning office State House Station #38 Augusta, Maine 04333 SUNDAY, OCTOBER 11 Telephone (207) 289-3261 Financial assistance for preparation of this document Lobsters Maine Aquarium, Route One, Soca, 2:00 p.m. was provided by a grant from the Maine Coastal Program, In the Maine State Planning Office through funding See Saturday, October 10th for details. provided by the U.S. Department of Commerce, Office of Ocean and Coastal Resource Management, under the Initiate a Coastweek outing on your own Coastal Zone Management Act of 1972 as ammended. Take a walk on the bench, explore a tide pool, enjoy a view of the ocean, or cat fresh fish for supper. 12 MONDAY, OCTOBER Whales Maine Aquarium, Route One, Saco, 2:00 p.m. Hear this fascinating program on whales of the Gulf of Maine by author Tim Dietz. See Saturday, October 10th for details. Coastweek 87 SUNDAY, OCTOBER 18 Fall Foliage Festival OCTOBER 3-12, 1987 Pettengill Farm off Flying Point Road, Freeport, 1:00 p.m. to 4:00 p.m. Enjoy the foliage at the Freeport Historical Society's nineteenth century saltwater Farm. Learn about how an 1850's. coastal farm family spent their days in autumn. Ride into the farm on a horse- drawn wagon, press cider, sail in a traditional vessel along a por-, tin Of the Harrasee,ket River and more Free, varying charges for food and special events. For all ages, For more information call 865-3170 SATURDAY, OCTOBER 24 aft Annual Conference on Marine Education SMVTI,, South Portland, 9:00 a.m. to 3:30 p.m. A day long-conference featuring sPeakers, workshops and cur, riculum materials on I he theme of the coast of the G ulfof Maine. Sponsored by the Guff of Maine Marine Education Association. Fee:$12.OO for GOMMEA members. $17.00 for non-memberts (in- cludes coffee and donuts, lunch and materials). For further informa- tion call Mary Cerrullo at 284-4512 or Dean Meggison at 985-6151 CELEBRATE THE COAST ALL YEAR LONG Many Coastweek participants and other organizations can. duct ongoing public programs on coastal topics throughout the year at regularly scheduled times or by special arrangement. Wells Reserve Walking Program, Saturdays at 10:00 a.m. and 3:00 p.m. and Wednesdays at 10:00 a.m. For group reser- vatiOns call 646-4521. Wolf Nee k Woods Natural History Program provides interpretive programs for the public every Sunday at 2:00 p.m. Group reservation, for a variety of guided programs can be made by calling Pat Bailey at 865-4465 or 289-3821. The Maine State Museum conducts group gallery pro. grams on "Lobstering," "Sailmaking" and -Tide Pools" and tours of "The Age of Steam and Stall" and "The DEFENCE Story- exhibit. In addition, several of the on- going exhibits at the Museum address the natural and cultural history Ofthe Maine coast, For information and reservations call 289-2301. The Freeport Historical Society sponsors many public programs at the Pettengill Farms, a 19th century saltwater farm. The Fall (September 19, 1987), Winter :.ad Spring 1850's Coastal Life Programs are open to teachers, erivironmental educators, historical interpreters and Coastal Cleanup the general public. Participants experience life on a coastal SATURDAY, OCTOBER 3 Maine firm in each season,including planting, harvesting and open hearth cooking. Workshops will focus on ideas for recreating "living history." The F S will also sponsor the Volunteers Needed Celebrate Winter" festival (March 6, 1988), a seasonal Volunteers are being recruited the length of the coast to pick up Montsweag and Hockomoc Bays, Woolwich-Wiscasset are: variation on the Fall Foliage Festival (see October 18th). For Plastic and other trash from beaches, marshes amd rocky shores. further information 865-3170. Contact: Don Hudson, 882-7323. Sponsored by the Chewonl Volunteers are asked to collect, inventory and properly dispose Of Foundation. The Maine Aquarium in Saco offers several educational all litter and return a completed report form. Knox-Lincoln County area. Contact: Doris Balant, 563-121 programs geared to varying age levels, as well as marine cur-, The cleanup is an effective way to minimize ham to marine Or Les Hyde; 594-2104. C0-sponsored by the Knox-Lincoln Cou riculurn materials, teacher workshop, and cources and wildlife caused by plastic debris, as well as to enhance the beauty ry Cooperative Extension Service and Mid-Coast Audubon. Special events for schools and families. For more inform-. of our coast by reducing the visual blight of litter collecting along Castine, Contact: 989-7474. Sponsored by th tion call 284-4512. th shoreline. Dam fromthe Maine cleanup will be used both here Abnaki Girl Scout Council as a part of "Sail Away" event at Main in Maine and as part of national efforts to minimize debris in the Maritime Academy. Tbe Department of Marine Resources will provide oceans and on the shore. Hampden, Contact; Mike Robbins at 581-2051 (work) in-classroom demonstrations, teacher and adult programs, Kennebunk and Kennebunkport, Contact: Richard Hogue, 862-3932 (home). Sponsored by the Hampden Conservatio slide shows and videos on a variety of marine resource issues, 985-4349. Commission. free of charge. For further information call Lorraine Stubbs Deer Isle, Contact: Dud Hendrick, 348-6615. Meet at Deer Isl Davisons Beach, South Portland, The Ferry Village High School at 11:00 am. Sponsored by Deer Isle Conserv at 289-2291. Neighborhood Conservation Association invites neighbors to help The Maine Yankee Atomic Power Company Informa- with the cleanup, enjoy . cookout and play beach games, 10:00 tion Commission. a.m. to 3:00 p.m. Bring your own food and drink, grills provided. Many mom local cleanups have been organized since public. does Center is open year round, seven days a week between Be prepared to work and have fun! Contact: Tom Blake, 799-5723. tion of this list. Additional volunteers and local organizers are sti noon and 4:00 p.m., free ofcharge. Visitors can Freeport, Contact: Katrina Vint Dusen, 865-6599 or 289-3261. needed. If you would like to participate in the clearup, contact an trol room simulator, see a video and view interactive displays Maquolt Bay, B nswick, Contact: Joan Sane 865-3648 or of the people listed above Or Katrina Van Dusen at the State Plar about this Coastal energy facility. For further information, 797-7580. Sponsored by Brunswick Am League of Women ning Office, Station #38, Augusta, Maine 04333, telephon call 1.800-458-0066. vote.. 289-3261. 29 Maine Reach Cleanup Statistics -2- 1985, 1986 and 1987 1985 1986 1987 Miscellaneous Items Collected: PARTICIPANTS: N N N life jackets (70), plastic sleds (5), disposable diapers (7), shotgun shell casings (30), house shingles 1,14) , tires (17) , Total 368 495 793 66.5 lawnmowers (2), shovels (2), metal cabinet, engine blocks (2) 0-18 yrs old 71.2 52.3 condoms, Frisbees (5), caulking gun, soap tray, disposable 19-40 21.2 28.3 22.2 cigarette lighters (6). tampon applicators (25) , balloons with 41+ 7.6 19.4 11.3 ribbons (3), aerosol cans (5), portapotty, shoepolish can, propane tank, porn magazines (40), hard hats (2) , insulin needle, COASTLINE COVERED: 29.6 mi 69.5 mi 80.7 mi walkie talkie, McDonald*s birger box (3) , tennis balls (3) cigarette filters (1000's). DEBRIS COLLECTED: Estimated no. of pounds: 1560 5983 7118 Average pounds/mi: 52.7 86.1 88.2 Extrapolated/3000 mi coast: 79.1 tons 129.1 tons 132.3 Estimated no. of pieces: 13,000 23,500 19,400 composition of ranking based on no. of pieces by debris rank type: Previous Rank kvd/wp/l/04 Rank 1985 1986 W -bottles, glass 5315 27.4 1 1 3 0 -styrofoam 4624 23.8 2 2 1 -plastic bags, sheets 2606 13.4 3 4 5 -plastic containers 2263 11.7 4 8 2 -metal, cans 1835 9.6 5 7 7 -household items 1186 6.1 6 3 6 -fishing gear ** 700 3.6 7 6 4 -rubber gloves, boots 504 2.6 8 8 -6-pack holders 280 1.4 9 10 10 -dead animals 79 0.4 10 ** fishing gear figures were taken from specified tally under "Other* category, including recreational, commerciale and aquacultural fishing gear and rernants Dead animals (cause of death not attributed to debris in any case): Gulls: 24 Fish: 32 Raccoon: 2 Heron: 2 Unidentified bird: 3 Seal- I Mouse: 1 Cormorant: 1 Crow: I Unidentified mammal: I on Im Aw so ~0 ~4qVolunt Plastic trash threatens seali~2qfe debris ~r~v~a~"~J~W~4 ~s~x~p~v~d~s~r ~R~4qI~V~q1~87 my Susan Lang ~K~ENNEBU~NK - Problem ~t~ot~i~s~h have not been but by ~a~l~l accounts ~W~4 Coastal Cleanup was a worsens if messy, success. ~4~q_~q_ For the third year ~t olun ecr~a combed in Maim beaches from E~astpor ~9~q*~0 ~collecti~n~j~i debris.. In ~0q=~1~ql~qe~qd ~byu ~D~yGREGGAD~BE~RRY d ~up o~2q"~qh~q.~q. ~S~t~A~n~w~r~i~t~e~r ~~h~ey're ~ar~oat in Casco B~a~y - ea In York, a crew as ~,~4~:~,~r ?I @mail, ugly ~a~nd potentially d dl conservation ~qC 7~: to Maine's w~i~;d~l~i~fe. ~2 member Ruth ~I.~Ittl~qefi~qe ~n~ey are the pla~s~Uc ~yo es I In y~.~q@ha~t they bold ~lo~8qq~l~h~e~r ~5~,~jx~-~qr~c~U~sh~O~,~1 beer LIZ n ~p~0qwp~ql or soda, 'I., ~Ic ~g~, foam cups, the p~l~a~s~Jc straps and pieces four first-graders. ~0qkg about 235 pounds of Of ~~~~qmetting dumped from the sides of ships York's four b~e~ac~qh~qn. Tons ~of p!~&~.~ctic junk bob onto 7 ds were gro ~J~4~* ~s~6qe the ~e~achs of Casco Bay each year. ~L~t~2qTfi~.~1~k~d~4q%d. She in ~'~X~.~* ism" A~RL ton of plastics that scientists e~st~j- ~!~2qA~-~r. York pick~er-uppe a tiny fraction of the billions of mate have been cast into the everything from dirty world ~a seas. A~q2 while Congress may soon interr~u~@tion~al treaty Out- ~~qZ ~_~9 ~. n the du~r~np~in~g of plastic Into ocean waters. even supporters of the plan here doubt such laws will A~qI~8qA V~J~2qF -~:~q;~6q0 ~)~8q9~q=~5~q1~q4~6q1 t~te~r~i~n ~Z~-~@~_ ~-~7 ~- ~~"~1~q9~q: ~I~ci oar, ~2qt~ard can't enforce ~qC the fishing r~e~fulations they have, ~8qP~ql~2qc~0q4~6qe~j~6qo UP ~.~1~2qW MU~4qc~qi~-~qf so how in the he I I are they going to up hundreds of w~t~c~h~2qgop~le ~" hours a day to ~~~~ ~t~h on~'t dump ~e~Vd things clothing, ~q50 over the side?" says Tom Jordan, ~St~y~rof~ic~iam. ~qs~qix~q-~qp Jr., president of the Maine Fish- ~I~6qS~N~/~5~1 ~@1~1 4~hta~s~,~. paint ~qD~qe~qa~qc~qt~qi ~rmen~'~s C~i~)~-o~p ~ir Portland. ~qT~. ~. ~3 We do ~t~@~ippor~t this. We ~q:~8qN~rh~q:~2qr gear Idn't d~ur~i ~p things over the ~o~c~c~o~m storm ~qamo side. But it's ~b joke. How can they enf~ ~:e this If they can't even, -~n "It's Just a In ~~~~~~~rce other ~f~i~sh~in regulations?" ~U~. back what you Maine game wardens already said of the have the power to ticket sea~-~l~i~t~- ~qN~f~f~o~8q:~ue 'Four ~~~ . Even so, state officials say yew ~- it's Dot ~qm~qi the &mount of sea~bome trash is Plastic tr~quh, tent~ially deadly to In Eliot, Utters a stretc~-~qt~o~. ~~~reasi In of the South P~o~r~tl~a Re~sea~2q%~e~2qT~ine waters. th~o~ut say that ~w~i It Commission m stronger controls on plastics. ~f~lon conservatively estimates Muller and A dumping - Such AS those pro- 100~.0~0~0 animals nationwide died ~l~a~qd~16qo~4qp ~ed In an ad on to e year a In plastic lines or p~e ked on plastic John C~qa~qiru~qso ~ty (short floor "marine po ~lu e. ;A members of Boy ~Q~U~I t~o~~~ now before Congress 'It's clear it's a serious cle~i to-pick up trash New England could suffer the ]~am.~' said Steve Moyer. l~eg~i~s ative ma ~qq~i~@u~ir~tc~r~s-of-a-mil same plague of m~ar~in~e-~on~im~a~l representative for the National ru~c~a~taqu~a ~qR~qi deaths now occurr~i~n on the Wildlife Federation. "But we~'~M ~sor cumulated 10 p Coasts of the Pacific orthwe~st just not clear on the scope of the po~i and Hawaii. ~I~nc contain The Na~q6o~n~al Wildlife F~ede~r~a- mammals." 30 met problem to marine birds ~and the of ~qsc~qir ~8q=~ce said ~- ~6qW~8q&~.~4q6~4~"~'~1~1~4q1~q1~1~1~0q:~1~8q5~qi 'AV/ was ~qc~qauj~qi at the rive ~s~6qv~e~s ~!~J ~1~6 weather A YORK ~C~o~V~w~Ty C~oA~l~Y ~Y~TA~P~, A Planner II was hired as "Communications Coordinator" to carry out the public education'demonstration project, beginning work on November 30th. The initial emphasis is to be on development of a detailed project strategy. Task 5 -- Technical Assistance to Agencies & the Public A. DOC - Expanding Access Opportunities The DOC completed a survey of all coastal municipalities during the reporting period. B. SPO - Achieving Municipal Compliance with State Coastal Policies A request for proposals was prepared by the DECD during the reporting period under its memorandum of understanding with the SPO, in accordance with the project Benchmark. C. IF&W - Management & Regulation of Wildlife In early September, in accordance with the project Benchmark, the SPO negotiated and sighed a memorandum of understanding with the Dept. of Inland Fisheries & Wildlife for "Terrestrial & Marine Wildlife Protection from South Coastal to Mid-Coast Maine, August 1, 1987 to July 31, 1988." The IF&W commenced work on the project during the reporting period. 32 Appendix B STATUS OF GRANT TASKS, CZ087 Award (1986-87) Note: For purposes of timeliness and continuity this section covers selected CZ087 tasks which overlap CZ063 tasks and/or have been fully completed since the last progress report. CZ087 will be fully reported on in January, 1986. Task 1 -- Improving Program Core Law Enforcement & Technical Assistance A. DEP - Co re Law Enforcement & Administration See Exhibits D-6 and D-7 in Appendix D. C. DEP - Shoreland Zoning Administration See Exhibits D-6 and D-7 in Appendix D. D. DEP - Developing Maps for the Sand Dune Law Though not approved by the OCRM for federal funding this project is continuing. See Appendix C, Item 4. Task 2 -- Local Program Application booklets for 1987-88 Local Planning Grants and Waterfront Action Grants were prepared and distributed to all coastal municipalities, coastal regional councils and the OCRM in July, outlining eligibility criteria, review process, competitive guidelines and time schedules. Task 3 -- Interagency Coordination A. Federal Consistency See page 11 of Exhibit D-6 in Appendix D. Task 4 -- Local & State Program Administration B. State Program Administration In June, Coastal Program staff evaluated OCS Proposed Lease Sale 96 and testified at the Dept. of the Interior's June 15 Public Scoping Meeting on behalf of Governor McKernan in opposition to the sale. (See clipping.) In addition, in its role as Coordinator for "Coastweek '87," the staff prepared informatonal materials and began to solicit sponsors for Coastweek events. 35 46 NO 6 I 140 A 4 I 4 to A % to a of 4 &a, to A I . Of Of %ON 44/, p- 'I&- CIO.,, pb TON 00 ` to Of W LIS 4 A2pendix C OTHER FEDERALLY REQUIRED REPORTS 1. Monitoring & Enforcement Activities See Task I.A, Appendix A. 2. Wetland/Eatuary Report See clipping regarding wetland permitting in York County, Item 4 below, and Exhibit D-5 in Appendix D. 3. Fisheries Manaaement Activities See clippings regarding Maine's new aquaculture law and the success of the Cutler lobster hatchery. 4. Hazard Management Activities The Maine Supreme Court upheld the Sand Dune law in its decision on the Hall case in Phippsburg, ruling that the State is not required to compensate property owners prohibited from rebuilding a cottage damaged by beach erosion (see clippings). Towards the end of July DEP and MGS staff held public workshops an proposed revisions to the Sand Dune Rules and the accompanying Sand Dune Maps prepared with 1965-86 CZMA funding assistance. A public hearing on the Rules was held in August. Rebuilding of storm damaged structures in v- zones or seaward of a frontal dune emerged as a major issue. The clipping regarding the situation at Camp Ellis in Saco illustrates the dilemma. A draft State of Maine Hazard Mitigation Plan was prepared jointly by the SPO, Dept. of Economic & Community Development, and the Maine Emergency Management Agency, for review in December, 1987. The draft chapter on "Hurricanes and Coastal Storms" was written by the Maine Geological Survey under its memorandum of understanding with the SPO. 5. Urban Waterfront & Commercial Harbor Prolects See letter and clippings regarding the waterfront improvement program in Bangor assisted with several Coastal Grants, publicity on 1986-87 grant projects in Tremont, 39 ~0 ~qIV~qI~q?C~qA~0q4 ~6q0~4qC7~-0~q1~.~q3~8qE~7~'~q1~:~qZ ~1~@~/~,~,~;~q?-7 to rill wetlands. Since the state does not regulate activities on many of the smaller wetlands and on forested wetlands. the ~S~_~q/~2~7~q1~,~r~7 ~i~qs~0qc~8qr~qi~0qf~qt~0qe federal regulation provides some safe- 0 guard. Even when the state has regulatory a ~R CO. COAST, h He believes "an, authority, it is often not able to enforce a ~4qg~4qvote ~0q0~q11 w~qid~8qt zoned t~o ~qto~q. o down the law and subsequent permit conditions ~4qa~6qc~6qm of Wells to ~qp is know ~h~o~S ~SO~,~l~i~c~,~i~ti~c~a~lc~l~qi~qt~qc~q. because or inadequate staffing. ~'We~4qU~6qs f residents ~d ~l~e~t ~o~f~f~i~c~ta ~tzoning ~0 ~st ~q.~q4a~qa ~th~e~Y don aid that ~m~c~! Beth Na~gusky~. the Council's land use they to a~c~id~e i~t ~ Ile s~l ~e~l~l ~r~e~g~i~s S.~..~. Latham car, land Vol", an ant If ~t~qe~qr~qc~qd attorney, submitted written comments and By What o~ne ~.~1~, is going ale not ~C~V ~t~r~u~g~g~l~qe Is some fog them." provided testimony in support of the 2 ~qW~r~i~" ~l~qm~o ~S~r~i ~l~ic sees ~th~e ~q@ t ~5 0~q00 ~A~@ t~he June ~U~e~, th~e ~C~T~S will seems ~q- changes at a hearing in August. Local ~q@c~fo~r~c wells the ~l~a~nd~o~"~l~l her do~q"~C~'~s .~,probably h~qa~ql meeting ~a~p~p~,~o~a~c --you know . d l~V~i~l'~" ~l~V~i~a~t ~q*and that planning' boards, conservation commis- controversial issue. ~. at edge ~- But be there," . Sal president Of -The 10 cannot vote' sions, concerned citizens, and other e~l~l- voters ~,it b~e th~e ~C~1~1~1~1~, edge is ~0~e~c~u~l~i~V~e ~v~i~c~z abuts ~w~k Trust Which Anybody Who owns vitonn~urit~a~l groups also supported the which side h~a~s the Upper want ~Laudh~o~l~ln ~A~nd ~t~h~e ~r~e~l~al~t~o~l~s doesn't ~.~. Tel proposed rules. "Clear r of the Rachel Carson~' a~t~h~c~l ~s~a~@~l and d has nc Department of Environments~] Pro- h ~m~a~r~a~i~s~c~l b~e there I ~i~t~ic I edge ~dev~e ~qlo~r~d~qi~qn~q!l~qn ~A~nd~rew~F~l~c~"c ~' ~-o~na~l Wildlife will of the C here ~s~e ~t ~i -~f~t~e~ls TV ilk ~C~)~L~p~qhu~qn~qc tec~tion supported the changes with certain IN Na~t~l supporters put at Cf. elks Of Rachel cars() aid like ~1~0 ~S~e~e ~t~h~e the marsh --need t~o is.,- conditions. The DEP advocated adding a Refuse, who ~WO ~o~u~t~ul mouth those ~0~P~' sunset provision, limiting the new rules to ~.~1 edge a.. their ~T~r~a~f~t~o~n owns I~i the d~iII ~s~u~r~qr~qo~qu Critic there is a lot of and ~e com- protected. ~f~ec~ls ~.~. to ~th John ~r ~y wct~la~@d~s larger than one acre. and taking ~i d use ~qco ~r~o~c~h~a~i~l support not certain who Proposed Critic ~~to ~, care to avoid long delays in permit ap- a ~. But he Is ~I~d not like -~e~aelphia, for $65,000, an an~qto plications. Na~gusky objected to limiting (nun" ~- out to vote. (OF the ~-~o~i~l Welland proposals will better the proposal to wetlands larger than one will turn important should have triggered public bidding on protect York County acre because the cumulative impacts of ..It is NOY t . The Ra~henkamp firm at first reco~qm~qi~qn The Army Corps of Engineers and the development on the smaller wetlands is -foot setback for the marsh, but pull CRITICAL EDGE r being contacted by George Smith Environmental Protection Agency issued having the effect of destroying significant president of Ocean Wood. In a memo writt a joint notice to suspend a nationwide per- wetland resources. 10 based on a telephone conversation wit mit process which would affect w~e~t~land Many developers, anticipating a grid- Marsh politics in Saco Rahenkamp staffer Skip Weiner wrote th 0 permitting in 1~9 towns in York County. lock at ~th~e Army Corps due to increased Last winter, when the new direc~qior of the State felt the 330~-foot setback was "the produ The current process allows development permit applications, opposed the role Planning Office told Saco resident William Silliker anti-growth movement in Southern Mai activity in wetlands under one acre in size changes. Na~gusky responded that the ad- not to rely on the state to do local land use planning, recommended a 150~-foot buffer instead. and in wetlands between one and 10 acres vance identification procedure, in con- Silliker took the advice to heart. Conc~emed about At the final meeting of the Land Use Co after notice to the Army Corps. Suspen- junction with the suspension of the nation- development pressures on the edge of the Rachel inJune, M~ayo~rC~lark helped defeat a motio sion of th~e system would mean that wide permit system, should actually result Carson National Wildlife Refuge, Silliker helped 330~-~f~oot setback, 7 to ~6. Silliker charges developers would have to apply to the in a decrease in applications, because per- form the Saco Citizens Coalition and tried to take city charter forbids the mayor, as an e Corps for individual permits for any p~ro~- mits for "generally unsuitable activities" an active role in the drafting of a new land use member, from voting. Also voting against th posed dredge and fill activity in wetlands should no longer be filed, or should be ordinance for the city. was William Kany, president ofthe Biddefo in the affected towns. routinely denied. Six months later, Silliker is afraid that local Savings Bank, which holds a $1.5-mil~lion n The ~t~wo agencies also proposed a Some developers also questioned control isn't the answer to Saco's development on part of the Ocean Wood property. "I t; blanket policy specifying that all wetlands whether the nc~- rules amounted ~to a "tak- problems. Silliker alleges that the pro-growth actually won the vote, 6-5~," says Si~lliker. "C in these towns are generally unsuitable for ing." mayor stacked a land use committee with members Ka~ny shouldn't have voted." non-water dependent activities. Residen- Nagu~sky cited a recent Maine Supreme opposed to protection of the refuge's Go~osefare Clark counters that the city attorney ad tial. industrial, and commercial develop- Court case which involved a cottage on Brook Marsh, leading the committee to defeat a he was permitted to vote on the commi ment is considered non-wa~i~er dependent Popham Beach. Th~e court ruled that since proposed 330~-f~oot buffer at the marsh's edge. The denies that Kany would have gained fin and applications to fill wetlands for these the landowners were receiving substantial buffer had been recommended by state and federal from the vote, and the panel deliberately activities would generally be denied. use from their property (because they were wildlife officials. In addition, Silliker charges that a rules informal to allow fall discussion These rule changes were proposed able to park a trailer there during the sum- consulting firm hired by the city council was members. because wetlands are ecologically signifi- mer months) and the property value for influenced by a local developer when it backed off French, the wildlife refuge manager, a~qs cam, environmentally sensitive areas that nearby seasonal homes was high, the state from its support of the 330~-foot setback. "It's one of ~1~. quite concerned" with the vote by the coin provide a number of hydrological and had not taken their property without just the most blatant examples of developers trying to which later debated scaling back the buff biological functions. Wetlands play an im- compensation when it denied them a per- buy a marsh," says Si~lliker. "But these aren't feet before finally voting to send the draft to portant role in floodwater storage, mit to build a year-round home on the outsiders. These are all local people." planning, board without any specific bu groundwater discharge, surface water sand dunes. A taking occurs only when all The developer group, known as Ocean Wood mensions. Si~lliker says the Saco Citizens C recharge, protection of surface water substantial beneficial uses of the proper- Associates, owns some 700 acres near the marsh and intends to monitor the land use ordinan quality, shoreline stabilization, provision ty are precluded by regulation. has proposed building a ho~tel~-convention-center makes it~s way to the city council, where C~q1 of important plant and animal habitat. The Council and oth~er~group~s applaud- and housing on the tract. The federal gover~r~ament is he wants a final vote by late October. food chain support, and recreation. ed the EPA and Army Corps for taking The development boom in southern a strong and responsible stand to protect PC ~T~-~I~A~4~F~-~.~r ~7~q1~17~q1~T7 Maine has resulted in inordinate pressure the remaining wetlands in southern Maine. lope ~c ~'~a~s ~V ~1~1~h~q, ~0 land ~-~P ~I~i~-~l~4qi~, a ~ca ~a~r~t sold he Tell low ~0 ~40 COMMERCIAL FISHERIES NEWS NOVEMBER ~1~q0~7 Supported by seed lobster fund Maine. hatchery releases 70,000 lobsters cun~E~R. ME ~- The Cutler lo~b~b~t~e~r that money, That is a promise.* ~sur~Aval of the larval lobsters But V~c~*e also told council members increased from a low of 20% in the hatchery has survived its fledgling ~0 that he needed support when early months t~o as high as ~6~0% . first year and after a successful lobbying the s~latur~e for a. A~cco~0qt~8qh~qt~o Patterson, the facility~. ~f~t~g season this summer ~n ~9~0 ~8q=~ry operators (e~e~l the ~q@~r~o~p~c~t is money. -rho Y Wa~y we c~a with the ~lp of University of Mai~r~s~i~t about it is to so down there (to at Machias (~UM~M) biologist Brian turning the carrier. A- A~o~2qZ~A~s~t~a) in force., said vest as he Beal, solved the cannibalism problem The Maine Department of Marine 'If upon the council. the Maine it had the yen before. And month Resources ~(~I)~qM~R) Lobster Advisory ~L~e~b~a~c~r~o~sen~'~s Association, and a~l~l after month, said Patterson, rearing Council met Sept. ~30 at the Cutler ~l~o~b~s~t~e~n~n~qm for help in the venture. techniques are continually heft Marine Hatchery to listen to hatchery ~i ~t~o ed t~v ~;~e~r A~r~sdr~ew Patterson give a alt. ley hatchery obtains its ~e~a~v~ed- ~m~a~n~a~t The operation out female lobsters from local rundown on the facility's progress with raising (~ourth~-~q"~t larval The Cutler Marine Hatchery, which ~f~ahe~rm~e~n~, and ~qW year, the hatchery Lobsters (or release in t~h~e wild. is in its second season of operation, is season ended in early November after According to Patterson, ~n~i~ore than located in the basement of the towns 'he last berried females were ~utif~i~x~e~d ~7~0~,~0~qW lobsters were raised and Municipal Budding. The facility raises from iob~sterme~n'~s traps. larval lobsters in I~qM~-~g~a~ll~on fiberglass This summer, t~h~e hatchery ~PL~q-~d conical-shaped tanks, five fema~k~s in 'Cold storage- ~at This fall, three of the facility's 10 ~UM~M~. Egg development on then tanks are being used exclusively for females was slowed down after th~a, ~N~as a leaching~' experience and ~ob~s~te~r~s were placed in aquariums in ~i~n~a~l output was disappointing~, b~ineshri~m~qp~,wh~ich ~- I I r~.~,=~. ~6q2p~l~i~s~in~e~d is the diet ~fo~r ~- ~4o~* 'cold r~oo~rn.' According to Beal. but he ~d~e~w~x~k~bed th~e 19~67 season as baby ~l~ob~ste~r~L~' The brim shrimp am the lobsters fated Well and suffered successful., fed algae. ~n~u~r~dma~t ~g [on. Thew numbers and P~a~tter~i~s~o~n~'s e ~l~8qz~g~m~q" were no I ~e~r enthusiasm were good news to lobster Manager Andrew Patterson Sea water. ~al~qp~e, ~b~r~i~s~s~e shrimp, and ~S~i~n~c ~1~q"~4q=~Y wild council members who voted in lun~e shows the Cutler larval l~o~t~i~a~e~n all circulate in the ~f~l lobster hatchery same heavily aerated tank between 'he at UMM were taken out to ~s~e~t aside $40,000 from the seed records to visiting ~Lo~b~a~t~e~ll 16~-20 (lays after hatching until the of cold storage in early October, and lobster fund to support hatchery Advisory Council members, lobsters reach stage four, making Beal~ estimated that the additional ~0qM ~s. Cutler was awarded ~$23,900 including Bill Anderson, Pictured them approximately I~/~r-~3~/4~' in lobsters will a~l~low the hatchery to ~i~0qt~qs total. No other project has at right length. A ~s~ta~g~ef~our lobster has sump reducing and releasing stage~, received funds, four ~qr~o~b~ster~s sat ~an additional month. and .i~.~, ~L~.~,~.~6qWhou~f~fl~i the Ston~in~g~t~on developed d~aw~s and sinks to the hatcheries have Cutler, at which time he assured the bottom, no longer at the mercy of Since larval production was so ~ex r~e~"~ed interest. council that his legislative fight for water circulation as it was in its successful ~t~h~i~s summer, Patterson saw ~6qr~q. winter, state Rep. Harry Vase financial support for hatcheries was r~eviou~s planktonic phase. ~s~he hatchery was able to 'spread the ~(E~.~i~s~tp~o~r~t), submitted a bill that not over. ~PThe hatchery keeps a daily I w~v~a~lth~.~* ~S~t~a~f~;~e4our lobsters were ~n~e~t r~s~e~d A legislative ~a~p~p~r~o~qp~q@~afi~o~n 'We have appropriated very little ~0 ~c~o~qf on f~qo~r~0qM~i~ch~eri~e~s. The contents ~t~h~e ~fo~r out fishing industry," said the general p~era~ti~o~n of the a ~. ~i~t~y~, only released in the Cutler area, but as well as a life history chart an each along the coast an the way to Bucks bill p~w~s~s~ed, but without the It is my intention to go back Harbor- to the well to have a fund set up batch of lobsters. Janice ~qM. ~Pl~ar~it~e ap~qV t~" ~- ~* ~O~v the course of the summer, attended th~e ~s~u~gh appropriations. Well go after ~,~4q:~r~i~a ion ~e~r Raising salmon': Downeast Maine's new venture EASTPORT, ME - A i~f~u~lu~st~r~y (~DMR) has received a rush of along the coat West of Mount I of the sh~ore~side waters. At new ~"~q;~11~a~C~f~1~1~n is struggling to take hold in applications for salmon a~0qgacultur~e Desert Island. ~0 ~, ~.~9~i~n~sta~n~ce~,. the current races D~ow~n~eas~t Maine. It's an industry leases. The numbers are c ~a~n~gin~g Peter Pierce of Ocean Products, by salmon pens at a 3~-kn~ot rate. that's familiar in many overseas rapidly, but as of June 17, Maine Inc. (OPI) in Eastport speaks from Divers stay tethered during countries, but one that's still trying had granted ~qn leases for the rearing experience. OP~I is ~Dow~ne~as~t underwater cage inspections, and to carve out a niche in Maines of Atlantic salmon. Additional Maine's ~o~n~l pen fearing salmon salmon feces are crept away by the complex network of traditional ~es are being raised on some of ~qZ~qa~t has successfully restless tidal --a ~"The ideal system for waste is fisheries. Pen raising salmon for a ~t~4qre ~1~qe Several, for instance, are raised, harvested, and-marketed ~se~a~foo~d-hu~n~g~!~8q&US marketplace is attempting to rear rainbow trout. salmon. dilution. We are more effective at the industry. e hub of its activity But in total, those 11 leases Pierce said that conditions to the diluting waste than any other is Maine's Washington County, 185.~8 acres of space along ~c ~4qr~asta~qfy westward of Mount Desert Island, I reducing country,' s~a~l~m~o which butts up against the waters. with the exception of an occas~siona~l ref~l~ect~0qUP~i~erce. US/Canadian border, and is Also as of June 17, there were 15 ket here or them. aren't suitable But besides finding the right bounded on its eastern side by the additional salmon lease applications f�r pen rearing. Salmon being raised physical conditions, raising salmon Atlantic Ocean. being considered. Most had a outside of the D~own~ea5~t region of takes mo~8qn~. This~ spring, smelts, The primary species being raised 'pending" status, which means they Maine am more likely to freeze to the young ~ish ready for farming, is ~S~a~l~"t~o "afar, a silvery colored were waiting for approval or denial death during Maine's harsh winter were going for $2.~50 each, and salmon with small black spots on from the stat~t's leasing authority, months. that's if you could find any. A the upper half of its body. Many of the DMR commissioner. A fe~& were ~qDMR Oceanographer Dan Norwegian-style sea pen is running the people attempting to rear still in the pr~qe~qlimina taps and Campbell ~2qa~qt~6qTeees d~qi~qn ~q,~6q,~q,Ac~qc~qo ~q.~0q1 a $2~q150~q,~q0~q0D~q. There's also the cost of Atlantic salmon are making were waiting for pub~4q7ic~q"h~qe~qari~qn~qp. Campbell, re me ~q'~q1~q'~qi~qad mix) feed, labor, and overhead, significant capital investments in Two of the 15 were requests to raise that exists D~qow~qnea~qs~qa~qt is r~2qm~qes nsib ~qa There's a great deal of forethought ventures that may not show returns salmon on existing mussel leases, for c~60qr involved with salmon ventures. And so ~qo~0qrr~qe~qwing the temperature for several years. And, the ventures no new acreage would be involved, range o the water column. Water ~qi~qh this year there will be new usually depend on being able to just an extension of the species Pass~qama "odd ~qBa ~q- it~q"ated ~q. legislative rules to deal with as well. obtain ~qaquacu~qltur~qe leases, exclusive allowed on existing leases. In bet.. ~q'~q,h~qe U~6qZ a.~2qT~qCanad~qa, is not But those ~qattemp~qti~qn~q&t~qu make a go species riots in a specific area. t~qo~qt~qa~ql~q,the 1~q5 proposed salmon leases as cold in the winter because ~qof of salmon raising in ~qD~qowneas~qt Since the salmon aqu~qacultur~qe involve ~q2~q34.~q8 acres, including ~qZO vertical mixing within the water Maine say there's also plenty of industry is 'new" in terms of New ~qacre~qi from the ~qt~qwo existing mussel column caused by both wind and potential. England fisheries, current ventures sites. the region's it-IS tides. Janice M. Plante are facing political and societal People unfamiliar with ~qth~qe salmon Vertical mixing also accounts for obstacles, often with financial industry are surprised by the summertime water temperatures that ~qs~qs~qi~qo~qns~q, And, legislators and number of lease applications coming are not as warm. Overall, salmon fishery regulators are anxiously from the Dow~qntast region. live without the extreme hot and ~q1~q.~q1~q. working to establish the rules and But th~qe~q" who know salmon and cold fluctuations that occur along ~q1-30~q,~q19~q8~q7 regulations that the salmon industry Maine's coastline are not surprised other portions of Maine's coast, will soon have to play by. at all. Ven~qtur~qis~qt~qs who have done Another benefit ~qo~qf th~qe D~qow~qneas~qt During the past year, the Maine their homework realize that few region's strong tidal action is that Department of Marine Resources salmon operations would survive there is a continuous flushing and ~0qC~q6M~qM~q1~qf~qqC~qfA~qL ~q1~q7~q'~q.~qr~qF~q4~qF~qR~qlE~qr ~q?d~qF~6qW~q5~q'~q- Jut~q, ~qy~q' ~q'~0q27 41 DMR mandate: regulate industry COMMERCIAL FISHERIES NEWS JULY 1987 11 Maine passes landmark aquaculture bill AUGUSTA, ME. The state of fees will be established through committee fought to get the full Maine has a new aquaculture bill. regulation, with minimums set by the appropriations requested in the bill, And for the most part, legislators, Legislature: and that the committee said it will regulators, and aquaculturists are Site reviews and evaluations are pursue additional funding during the saying it's a positive step in the right required by the DMR, and impact second seccion of this 113th Legislature. direction. The rules that the state's assessments are required of the According to Bill Mook, president burgeoning aquaculture industry play applicant when he files a lease of the Maine Aquaculture by will now be clearer. But application; and Accociation, one of the association's regulations determining how the new No single lease may be greater than biggest concerns with the bill is that it law is implemented must still be 100 acres, and no single tenant may makes it more difficult for "the small written. accumulate more than 150 acres person or independent fisherman to If you've been trying to follow the aggregate. aquaculture issue through this session Those who have been involved in of the Legislature, the bill passed is a this whole legislative process admit complete redraft of earlier versions, there's a long road ahead with DMR with a new number and title. It's now regulations that are yet to come. The LD 1840, An Act to Amend the regulations are intended to clarify and Aquaculture Leasing Statutes. define the language established by the In addition to restructuring the statute. statutes, the bill also requested DMR Commissioner William funding to help the Maine Brennan already plans to change the Department of Marine Resources order of testimony that's taken at (DMR) carry out additional public hearing on aquaculture leases. responsibilities assigned to it by the This, he said, can be done with a new law. departmental policy change. Although money was requested for In addition, the department has two additional DMR personnel, only established an in-house working one position was approved by the group to digest the new aquaculture Legislature's appropriations bill, and address the new DMR committee. Of the $86,528 requested responsibilities mandated by the law. in 1987-88 and $91,370 requested in Brennan said once specifies of all 1988-89, the DMR received $43,264 the issues are analyzed, the and $45,685 respectively. department will put together a The bill is long, complicated, and is package of implementing regulations the result of a mussel harvesting issue that will go to public hearing. The that began in the Legislature 18 commissioner expects that by the end months ago. Because of this bill; of July he will have a timetable for The criteria for determining the regulatory process. whether or not a lease is granted have Brennan feels that insufficient been expanded and will be defined resources were given to the more clearly by forthcoming DMR department to fulfill the additional regulation; responsibilities that DMR will have to Lease application forms will be assume because of this bill. "This changed, requiring more information could subject the department to from the applicant before the public additional criticism," he said. hearings: But he also added that the New acreage fees and application Legislature's marine resources 42 e ~0 =moo ~M ~M~M ~W ~M ~M ~M ~M ~qtS and dune ~qIa~8qN~4q@~qq upheld Ge~8qo~4ql~8qOgists want Camp Ellis sea Wa around a "a ~qw sea to gouge out sand ~i~i~@~d for ~the first time, ~I~..~t~.~.A.~f~m~olen~ishing I~ ~q@~- r~,~6qh court ~KZJ11N ~XC~IO~M~M~&L AUGUSTA~.MAINE b~0qyb~qig ~A~L~'~ SAC~4qX~8q=~4q@~8q=~_ MAIN ~4qr ,,HALVORSEN have A ~0 ~I~w~D~o~t~l~0qz~qw~r~i~t~e~r beach. S~cie~'Saco seawall in ~6qm~2qid~2qf~2qf~2qle of -ph ~i~n Th. shifting ~q:~q@~8q@ ~T~ped ~h~o es C ~c~o ~4qPoli~88qt~12qi Sit R~l~' By CHRISTINE ~K~U~qM~qU Last winter, 12~-foo~l winter waves ~i~n is he city of Saco. Th, suit. Guy Gannett Service w if i~f fails in They ~oop~ed ou~t sand behind th~e sea ~w~aa~l t~) It In ~sc, c~8q7~qr~i~qs~qk's pr ~tec~t the ~l~Lee~p a five years c~ed oceanfront hom~ics~o and it their rig~l~i~qL~qT~qA~q.~,~it~h~-~r~e C~a~m, ~ql~i and undermined Surf S~tre~e n~,~q!~I~,~,~i~,~, high; ~'i~' t ra SACO - Since 1908, 41 beach. resembled an ~a,pha ~' ~q" ~v face~p ~n~A u front homes have slipped into the sea pounding sur I ~b ~a~n, buys land to I. At ~" ~'~p ~' ry id~en~ts - many of o~n~e ~2q%~qe~qc~qlu~,f Street bail out ~C~a~qm=sif it at Camp Ellis beach. -as ~t~wo streets inland from the ocean. whom live out-of-sta~te. Scientists would like about 10 more "Because of its location and orienta. Recently. government officials and two homes on that strip of beach between the tion, Camp Ellis stands directly in the geologists met to discuss what could be Court reverses ruling Saco River and the Atlantic Ocean to path of northeast storm wave energy,,, done to solve erosion at Camp Ellis. The follow suit. wrote oceanographer Marcel Moreau in consensus was to purchase endangered They wan, to tear down the sea his report on Camp Ellis erosion. "it has homes. wall at Cam, Ellis and let the beach never be n and never will ~be a safe place Erosion and a gradual in beach cottage case ~r~c~v~er~l to its natural state. to build ~e~a castle in the sand." level forced Camp Ellis residents to By JERRY ~HA~R~KAV~Y ~K ~qJ its natural state, which means the And for the first time. ov~ernmen~t Despite his warnings - issued in a build the sea wall in 1953. Since g~c Associated Press Writer 7~q1~q0~q/~t7 removal of the building." Tierney officials are considering that politic- 1979 report - the federal Environ- then, the city ha~@ s~l~@~en~l nearly ~q$1 said. "We would expect that to be ally charged solution. They are balancing mental Protection oA~qf~g~i~qs~nwcyr~r~1~ciccsntt1~qo ~omdil~,~*~Iai0nn~d~'~ingtoseamal~inntat~ihne it against the PORTLAND - The state is not done in a timely fashion." the perpetual cost ofshorin~g up a sagging funded construction past four years, required to compensate a New Assistant Attorney General Gre. ~s~ea wall against the one-time cost of Camp Ellis. Saco taxpayers have spent $250,000 to Hampshire couple who were barred gory W. Sample, who argued the buying endangered homes and surren- The sewer lines open up the enfron- repair the sea wall and surrounding from rebuilding their Popham Beach case before the law court, said the dering to the ~s~ea. tried to mentally vulnerable area to development '~n~'~"~l~s~* ~hile, ~geol cottage after it was destroyed by state had been "very disturbed" by For Years, geologists have at a time when geologists are calling for Mean* o~2qps~ts say the break. t erosion more than 10 years ago. the last year's trial court decision, and convince federal, state and local officials be achfron~t owners to pack it up and head water prevents san from replenishing ~~~ Maine Supreme Court ruled "we r~e d~e~"Al~it~ed to see that theory that sea walls - built to bolster receding inland. Camp Ellis beach. instead, the waves Tu~~da put to rest. shorelines and protect coastal homes - The u.s~. Army Corps of En~i~t~"~' O~l~lry sand to nearby Ferry and Old mous "The Superior Court seemed to be cause more erosion than they prevent. n~e~ers wants to bo 'Me ~qLw court, in a una~r~d d e saying I t I t I~s~ter the sea wall at rchard beaches, geologists say. Those decision, reversed & trial ~5 ha ~If he highest and best use They say sea walls dramatically Camp Ellis to protect the coastal beaches are continuously replenished nh ~'u~i of the land were destroyed by alter the natural patterns of the ocean and homes. The M w~qq~i~q!~c Cam~qf Ellis is stripped bare. finding that the denial of a b~,~4~I~ql~qin~g a~i~ge DEP opposes the cause the sea to gouge out sand around a expansion, ~c ~ing it violates state The cci~sion here is really a permit to Donald E. and Virginia ~G. ~'~*v=ent action then romp~e~ns~a- ~i~n political one," Fink Hall of Goffstown, N.H., was an ~f~lon ~1. be pa~i~qa~," Sample said. sea wall instead of replenishing it. sand dune protection laws. fusaid. "if you unconstitutional taking of properly The taw court, in reversing that The worst example of sea wall M~can~@hil geologists want pu~t in a federally tided sewer to t either allow~condomin~ium development there, r without compensation, position. found that "You have to erosion in Maine is Camp Ellis, city, state, ~t~' federal governments to that makes the land more valuable, then in determining that no such taking destroy a~l~l beneficial use, not ~q)~u~s~t situated at the mouth of the Saco buy up ab ~O~'~l 10 b~eachfront proper- out had occurred, the court co clud~ed ~th~e ~qN~q%h~est and best use," he said. Riv~er,t according to geologists and there is real pressure to build a sea wall to t t t~he p~er~au~t was n~ey could be reached immediately ~l~ection officials. the real estate investment. ~qS ~ N~eit ~er the Halls nor their ~a~t~t~or- ties, tear down the mail and ~l~et Camp protect the federal investment as well as I hat even after D~epar m~eni of Environmental Pro~. Ellis revert to its natural state. denied. valuable uses of the beach- for comment on the ruling. In between this political and ~e~nv~iron- "Before the real estate develop- t front property in Ph~ippsbur~g The case focused on a summer remained available to the owners. cottage and a lot, containing 1~50 feet The~0pinion noted that the of frontage on Popham Beach, that d~st~~uc~t~ion~.of the cottage in 1976 did the Halls had purchased in 1~970 for not affect ~i~d~s~tin~g water, sewer and ~$30,000. Six years later. th~e~,~tott~a~t~e electric services to the property and was undermined and destroyed to ~h~~i the Has have been liv~in~qj an rapidly advancing beach erosion. their lot during t~he summer n a After obtaining local building fu~q%eq pped motorized ~c~q:~n~qr~,~. ~Y permits, the Halls began building a ~e ~C~q:~c had been watch, ~c use replacement cottage on their prop- a test of Maine's "Sand Dune ~erty in 1982 but failed to obtain a Law." designed to protect ~environ- "sand dune permit" from the mentally sensitive beach areas. BEP. Attorney General James E. Tier~. After being notified of that ~~y hailed the court's ruling as .,an requirement, the couple applied for important victory for the environ- the state permit. When it wits denied. ment" with statewide implications. they riled su~i ~.~n h~e environ- ~. A~l~i property is subject to reason- mental board ~k~i~na~l~4qr983~3.~1 t able restriction when the public In an earlier ruling on the Halls' needs demand it," Tierney said in a case. the supreme court upheld the prepared statement. "in reaffirming BE~P~'s regulatory authority under that idea, the court has made it the Sand Dune Law but sent the case possible for zoning boards and back to the lower court for further regulatory agencies to meet their action on t tio~n of whether responsibilities to control land use the permit =,am~m~int~ed to an without the fear of draining the unconstitutional taking of public treasury." pr= Tierney noted that the state Board jury-waived trial last year, of Environmental Protection, in Superior Court Justice Carl 0. deny~n~0qUh~e p~er~r~u~i~l after construc- Bradford concluded that the co~qV~l~e tion, aasked ~the Hails to remove deserved a damage payment. ~T~he the building to protect the dune. state appealed that decision, bring- 'Me only action remaining in this ~in~g the Halls' case before the caw is the restoration of the dune to supreme court for a second time. ~0 A# ~i~n~q*~ ~P~-~- I-~q"as ~W~a~n~i~,~q%~G~0qQ ~a~f~t~o-~i~i ~0~1 ~0~1~0 ~h~v~o Ally now Kok ~2Of ~0qZ on Of IWO ~4~411~1 ~c~q-~q*~, Storm brews over dunes ~r~e~b~.~,~,~d ~c ~o~d ,,.is we don~'t like t~o ~i~s ~q"~t~i~v~i~r~6qz~2qz~.the rules proposed,,~o,,~q; ~te~l~y ~1~, ~p~r~o Easierbuilding Wit ~i~t~y says, the state ~"~i~, ~"~'~S~t ~d~8qZ~,~i ~"~q!,~.~qg,he D~0q? ~$~1~q0 But Donald a ~b~e ff." to ~c~a~5 ~6q=~qMI ~i~6qX~q&~6qM~l~qe~,~6~2q6~qW~d ~V~qV rigs per- ~-~qm~e ~s~i~p~l~e fact,. Bob Cu~z~n~m~$~r~A~P ~q)~qV~qC~J u~hd~ed him that ~W ~P~0q= were ~t~W ~q!~qr~p ~d~w~@ ~qI~qL ~x~u~i~F~0q%r ~ex~A~mp~l~e,~qbbe stricter ~P~t~0~`-~_ ~6q=~l~d ~l~i~.~8q=~Ib~4q4~le~qd ~qM--~t~.~.~Y~- met' ~0~" 1., ~%~, ~i~t~i ~t~a~y ~8qc~y _~i~s~, ~to ~-~b~.~W~ld ~g~t~orm~-da~m~a~g~e~d homes ~.~. ~qo"~1" ~s~i~a~i~l~s~l~i~i~,~e~s~.~. ~m~o~l~yw~a~.~"~, ~I~t~e~r~s~t ~6q0~1~0q0 ~%~, &I ~'~qA~qw ~t~h~e relaxed to- ~E~n~v~i~r~o~nm~e~n~t~n~' ~q:~6q:~. ~4q6~q@~2q@~q1~1 =~q;~6qZ~1~qb`~.~@~n~i~ql~qd~i~2q%~1 arguing that a ~qW- to is. ~8qk~8qv~2q% ~1~1 0~6q0 ~s ~a~3~m~o~o ~4qt~`~qe~q; ~'~qj~e~x`~qi~qj~q@~qs ~s~,~. ~.~0~0 ~12q- ~V~i~L ~40q.~1 ~b ~4q"~ql~6qu~4qo e~qv~2qs ~8qd~8qe ~0q'~8qO~q'~2qke~4qd ~q4e ~q;~i~V;~L~c ~5~'. ~, tot ~f~A ~2q6~8qk~2qbe~, e~ql~6ql~0qk~6qa~q@~q%~6qS~2q5~1 I ski, ~'~6qO~qV~2qO -at or '~8qPebate over dunes heats up ~,~q@e ~X~, ~4qW~G~I~8qS~'~N ~q@~q;~M,~,~%~V~C~5 ~q@~4qI~L~4q@~qr Environmentalists and developers clash on flood rebuilding ~(~B ~s~qo~q@ ~A~U~G~2qQ~A require that new buildings constructed ban construction on beaches that are to to ~i~s ~t~0qn~0qV ~n~s that would on send dunes after s~tor~i~ns be able to ~sub~2q5 ~t~o ~s~t~6q=~,darn~a~e~and erosion d s~to~qm-d~ama~ged homes and =~r~Ld ~S~l~o~m~p~n~qs~,~t~o ~a~n~d ~'~o~qir~L ~.~0 me mun~ic~i~@ RIPaZ~e~s~q@ stores on ~V~a~in~e~'s coastal sand d~ur~ies ~se epal of ~ic~i~a~l~s sav rebu~t~1~din~g must be I. ~i~c an ~6qn~8qV ~-~q'~qo~q7 selves stirring up a ~st~omy only once in ~1~0~0 y~e~ars~@ permitted to protect ~qm~i~ter~s~' rights 'wet am them Sit~, ~j~J~%~*~V~q~%~?~ ~0~-~~1 debate, Last Mar~c~k the ~D~E~P staff held ~a~nd local tax bases. ~F~a~vi~r~o~n~me~nta~l ~0q=~p~s ~s~a~i~y am taw =von a revised ~s~e~t of rules that one m that batters the ~s~use ~te ~o ~2qWI of Old Orchard At. ~a~qg~t~i~g - ~d~a~,~,~rd~x~6qg~e is ~i~n~e~v~i~- f ~m~or~e~6q%~6qt~ib~i~t~ed ~a~n~y r~eco~nstru~c~, ~,~b~4~q;~q@ ~t~s~t~a~'~0~0~3~N~A ~W~,I~I~m building ~* u~l~d ~6qV~t~i~o~n ~ia So ~p~e~r~ce~" Tate most of the ~B~u~t ~4~,~.~,~.~I~q:~P~.~. ~2q%rue ion ~a~n ~"~t be~dama~g~e~dap~i~n ~i~ng was ~d~e~s~t~r~o-- re~c~on~s~t ~t ~.~'~,~,~@~,~T~A ~'~0~0q0~q4 ~@~1~8 I ~q:~8q2~1~q1~qc ~'~c~e~l~t ~0T~0~1`~,~'~a~g~J~o~k~t~* ~6 DO~, ~-~,~qW ~l~i~'~qo~v~' so~n~q:~qj~a~n~u~n~i~w~c~i~pa~l~f~(~ici~4~k~le~s~o~p~u~y~f~i~r~t~ww d~j~*~,n ~T~6 ~qW~S~q"~W~a~a~t ~l~i~,~qW~)e ~qPon~a~'~A ~na~ge~r Je- ~X~C~C~O ~(~)~@~e ~0~1 ~-~, ~-~%~a duals- It~%~@ ~Cbuilding such ~str~i~actur~e~t ~i~r~m~er chairman T~- c ~4 ~S~&~c~* ~"~q: ~r~i~q@ ~d~e~*~, ~N~s~t~*~q;~qT~s -making ~b~u~r~d~ of ~t~h~e ~D~, cow ~'~k set I"just courting ~Je~c~t~i~a~n ~i~t~, ~2qUL~qIL ~6q1~, ILI ~t~h~e rules use ~b~e~l~c~l~qt~a~l~d ~b~l~t~4q= or, ~P~o~t~t~l~a~r~4 if b ~i~ld~- buildings It ~V~a~r~i~, A ~q@~0q@ lie Is ~t~m~p~o~q!~q!~q!~q@~t~t ~o~c~e~, ~1~1~2~4qZ~, rules The ~d~e~"~I~q"~I~t~l ~1~1 be ~s~4qat~t~e~d the flooding ~A~d ~2q:~qM~t~r~uc~t~j~o~q@~q;u~l~, to w~i ~. ~d~t~,~1~,~1~,~me ~ted ~as the t~h~at have d~0qul~2qle ~i~i~i~n ~V~qi~4q@~1~l~o ~a~tt~or~n~e~,~.~f~or ~to~o y~ean ~;~t ~r~i~t~ed ~t~i~e ~i~t of ~J~b~e~w~i ~te~? ~0~at ~q@ ~6q: ~qi~qn~sn~an~e to ~r~e~l~i~rt~e a at ~O~W~&~q@~,~8q%~S~j~6qj~q@ ~x~x~W~&~1~d~qv~qe~6qr~1~%t~j~o~s ~4qru~l~d ~r~u~ct~I~C" ~at~U~ad ~c~-C The It ~1~, ~t~o ~c~8qr~r~t~q:t~@ ~'~0qt~h ~g~ard to the t~h~e '%a ~z~g~v =,I ~qT~q!~, I as construct ~0to ~1~-~n~e~ct ~t~l~n~o That ~d~"~A~tc~u~b~l~e~s ~at ~(~)~1~%~d~p~q64 ~1~q:~q1~q@ salad ~2qz~'~"~.~1~1~b~l~e~d~t'~n ~@~6qV~s~q;~u~d~t~i~6qr~,,~q: ~T~a~qte~'~ql~0ql~qs~- Jules fail of ~t~h~q@~2qa~.~,~- ~0qg~q;~v~t people ~i~t the open ~f~r~o~o~t~a~l millions I Of hat tile net ~e~s a ~fr~o~o~t~a~l and bu~si ~2qV~q@`~qu~6qg ~C~.~.~q4~-~-~t ~s~y~s~o~s~6qu~qwr~i~qw ~,but Cher directed lot ~.~4q"~s, ~2qV~0~. ~L~o~s~t~s~u~m a~r~e~b~u~i~l~d~"~,~g, or, fronts ~P~-~0q= ~p~re~s~q!~Pt ~8~q;~,~,~r~d. top ~-n~tr~ar, to ~"~t ~i~t $It ~s~a ~n~e~w condo ~'u~qt~q@t~i~i~i, rising sea It ~t~t~l~6q= I business~" the its rules ~W~6q%~qs~g~r staff to ~c ~2q4~q"~i~'~d~a~y ~i~n rules ~t~b~a ~bo~a~%~0~% an ~i~t~i~l~s~, ~k~q:~2qg the ~dur~i~e~s~i~s~, ~b~e~s~e~b~S~o ~G~q:~qt~q;~qt~qd~q!~,~s~t ~e~s~. ~s~* ,&sea ~% I~u~r~ea~@~q;~_~qi~a ~qg~X at ~d~or~n 'rpr~"~" ~r~u~l ~V~3~,~d~,~,~t~t~1~*~M~W~q.~%v~l~x~tu ~s~d~u~t~I~n~S t~i~t~te~5~l~8q@~t~b ~qt~b~l~ad ~U ~`~qL~qr~b~l~a~d ~Tu~l ~T~h~e ~DE~P t~qw~o~n~e ~4~1~1~C ~q;~qW~q0~6 ~.~8q2~9~6qM~4qI~, ~d~U~q1~6q4 ~e~4qz~o~qd~4q=~qe~r ~tto rub ~qM~qi~qn~i~u~m~, d~q-~qV~q0~1~q"~'~q.t ~q1~q1~q-~qr~qe~qf~8qg`~qt~b n~qg~q, ~qb,~qL ~qP~qr~qo~-~q* the ~qd and t~qh~qt ~qro~qh~ql~qo~qlt~qe~qd ~qU~q0 ~q:~q1~64q0 ~0qN~q. b~qe ~q9other ~80q=~52qZ~56qZ~q, ~2q!~0q!~q,~q.~2qW~6q@~92q@~qg~qe~qx, low draft ~qt~qu~qr~qe ~qw~qa~qs ~0qM ~0q"Vital ~qd~qa~qn ~qT~qh~qe ~ql~qi~qs~qi~76qz~q'~8qt~q, ~04qZ~qr~qs ~q'd ~q,~q,~72q:~qt~qo ~qc~qo~qn~qs~qt~qr~qu ~qV~qi~qs~2qt~qv ~q1~8q0 ~qd~qu~qne~6q@~q,~6q;~q,~q.~qC~qz~qtt~qi~qcs draft ~qtW~qea~qx~qe~qn ~qp~qt~qe~qv ~qby~q6~0qW~q*~qs~qV~qA~qst~qt Provo ~4q@~6qM~qi~qi~qd ~4qCDon Sasso Llevel ~q0~q6~qa~qs an ~qt~qt~q,~q4~q1~q0~q1 ~qr~q, ~qpu~qrPO~qse I sand dune ~0q0~q1~q1~q1~2q@~q1~6q@~q"~q- ~qr~qa ,~qs~qi~qs~qa ~qd~qA~qr~qi~ql~qt~qi~qo~qn ~qA~qf~qf~qa~qt~qto~qr~q, it, ~8qW~44qr~ql at t~q!~8q4~qt~q4~q,~q,~q.~qf~qf ~56qr~2qJ~4q:~2q"~8q:~2q:~qh ~q0~4q@~60q@~q.~qs~qs~qd ~qs~qh~qi~qt~qt ~qI~4q-~q6~qw~q, ~q"~q-~qd now ~qe~qs~q-~qbr~qd ~8qw~2q@~qa~qt~qo~8q;~qr~qy~qd flood ~0q'~qI~qd but that silo ~qa~ql~qc~qided. ~qr~q* ~qM~4q-e~q. ~qr~qid~qg~qb ~qO~qf erosion ~q" ~qC~qc~qo~qo Society~q- toe rules to "1 ~6q4 ~qt~qh~qe too ~qu~ql~ql~qd UP ~qt~qo~ql~ql~qo~qn~q- ~q'~qd~40qN~qI~q-~q0~q1~q1~qr~qt~0qA~qn ~qe~ql ~qt~8qz~72qy~qe~4q@~q.~qc~qd~qi~qa~qi~q' ~q.~6q0~0q"~2q"~q"~q'~6qi~qf~qi~qo~qn~qs ~56q%~q,~0q;~4q@~q- ~60qT~qt~0q4~8q: ~q'~q6~q1~q1~qi~ql~q, ~qVa to ~76qe~92qZ~q1 ~0q@~88qX~qd allow ~q6 ~qa~qd tides ~qa~qe~qv ~qb~qo~qu ~2qT~qI ~q,~qM~q,~60q= ~q"~qi~qt~qi~q. a to ~qb~qe~qr~qn~qi~qg sublet ~qb~q'~ql~ql~qi~qt~qh~qi~ql~qp ~q,~q,~qL~ql ~qn~qeve~0qt ~q4~q,~8qs~q,~q,~q,~qf~qth~qt~qI~q1~6qM~qd~qu~6qW~q,~q1~qs rounds 0~q9 ~qt~qi`~qe~4qr~8q@ _ Vat w~qt~qi lid' ~8q;"~qb~qe~qs ~qc~q3~ql~qi~qv~qi~qt~qy ~4q:~76qZ ~qT~ql~q1~q,~76qr~q,~q,~6q%~qd~qiT~qL~qg ~q1~2q@~92q@ ~qs~qa as, allow ~qn~q'~q.~q' ~qa~qt ~4qio~q,t~q,o designed ~qw~q1~8qi~88qr ~q@ IQ an~q0~qw~qI~qT~2q;~qg~qs~qu~qr~qa~qt~qo~q0~q9~q0 ~ql~qp~qt to". nestI~qo~qf ~qw~qa~qv~qj~q!~q.~q. ~qa~qs at, rate ~72qA~qie~qt to s~qt~qn~q'~qV~q@ "'It~qt.~q"~q!~q- ~qg~qi~qt~qi~qt~qi~qt~ql~qa~qn~qs dune I~q& ~88qV~qe ~16q*~qr even ~q-~q-~88qZ~q' ~q. on ~56q=~qe~qa, ~qt~qh~qu ~qT~qhe ~qt~qe ~qt the sand~qTill, ~0qT~56qZ~q8.~q1 ~q,~q, disastrous ~qw~qi~qn~qt~qo .fine ~qt~qa~qn~qq~4qu~qe~qa~ql~qa~qs~qs ~qo~qa4~qf~qf~qi~q0~qa~qa~6q;~8q;~4q;~6q;~8qr~qd~qL~q. %'At The ~2qj~4qi~qi~2q@~ql~qa~q' enforce~q9~qb~qe~q" ~q.~qt~72qz ~q0~5 be Volt to ~qS~qe~qe~qs~qt~qo~qr~qk ~q6~q, ~qd~q.~q@~q, ~qs~qe ~q'~qf~ql~qi~qt~qi~qn~qs fr ~q,~ql~qe~qd ~qa~qn~qd ~qe~qx ~qw~qs~q. ~qf~qt~qo~qO~qd ~qt~ql~qe~qq~qe~ql~qt~qt ~q,~6q;~0q@~q, ~qb~qe *,a ~qr~qld~qW ~2q;~6q:~8qq~q,,~qt~qe 'If, Lie, ~qf~qt\ r~qi~qs~qi~qd~qpr~ql~0q:~8q@ ~qo~qp~qp~qo~0qw~q- ~q8~q, ~qw~ql ~qw~qa~qs ~8q- ~qT~qo~qb~qer~qs ~qi~qn~qo~qs~qt or a I ~8qa~qi~qa~qn~qat~qs, ~qw ~q.~qg~qve~qi~qs~q. ~qi~64qm~qt~qe~qc~qt- ~qt~qi~qs~qo ~48q=~92q=~2qa~2qr~qd A dunes t~qev~qe ~qW~q1~6q1~56qz~q, ~qt~qi~qt~8q@~q. ~q(~8q"~qt~qu~ql~qe~q, ~2qi~qV~qA TAW ~qsW~qe~ql~qt ~q0 ~qT~qe~qt~qie~ql~qt ~qr~qi~qs~qt~qa~qg ~ql~qi~ql~qi~qnt draft ~q0 bu~qi~qt~qa ~q*~qt~qo~qr~qm sit," ~qd are ~0q;~q.~qa~qs~qh~qe~qa ~qJ~qW~qt~qt~2q"~qc~qu ~2qW~qr~qi~qt~qt~qi~ql~qe shows, t~qb~qa~qt' 9~8q' ~q1~q*~q1~q" ~44qZ~q-~q1~4q"~qS~q' it build~, ~qZ~qIV ~2q@~q.-~q'~44qW~qt~qi~q-~qe~qs ~q- 44 ~0 Editorials Skipper says Mount Katahdin may I ~By~,~J:~ann~r Carron turn to that city. fie ~u~id ~l~ie ~W d Foss. ~"O~ur growth li~q; n Bangor's aquarium Of Is NEWS Staff make a decision by the ~" ~6qrh~.~q@ ~qt~qu~qs~h~ou~ld be or where it w~qe Stating that ~q:~0qr ~'~a ~terf pit =r~qand ~6qgs kee ~n~0q&~Ih~o b~o~o~l a got to find e~2q=~q: ~.~9~f Be'& right~. but ~qW of that perspective ~i~s is being devel~ol t~qa~i~r slowly ~C~6qm ridi~c ~6qt as an op. all to grow. w~e this: The public sector in Bangor has a ~&w- ~0 tion~. The business "is taking a very Wh a lam into an aquarium is a blueprint for an i~m, ry ~I~f~is~t~ar~y of suffering terminal sticker Frank Foss ~a~' e cruise ship Mount ~st~ro t~o~c~ik at where the future ~' for the sluggish trend, It ~4qV~qI c~qa ~P~ar~t~an~t~p~ar~t this city's fu~h~n. ?be court. ~$b~a~d - ~n~o~r~ni~ng out of gas and en~t~h~u~s~t~a~u~s~i~o~n Katahdin ~s~a~id~i~qted~n~e~sday his ~c~om- and ~n~egan we wait for (Bangor) to has' t~ain said Bangor had not bee. a cil may ~n~o~t~4qt~a~nt to endorse the entire - at the unveiling I price t~r~ig~s for vast pony would decide by the end of this tie." he said. ggre~s~s~ive enough In its attempts season whether the vessel will con, F~ws said the =~2qC~r~n ~o~f~h~i~s a package ~- ~el~ieme~m~s Of the report property municipal projects- ~l~inue to operate out of the Queen cruise business ~get more tourist attractions ~qt~qh~q. belong in ~t~he priv ~t~e sector - but it is ~c~r~a~- Over the years, usually at taxpayer ~e~x- what he would encourage people to stay a City. had expected during the past three the area. ~-~W~I t~i~-~I ~E~.~qW ~. to rise. consultants have paraded through Foss said he had been approached years he has moored at We Bangor "We need more attractions in ~struct the nucleus of this facility. Bangor offering experts ~v~e advice ~a~n ~h~o~w to rejuv~e~w ~i~t the city and its downtown. Park- by Rockland bus~i~n~e~ssp~eople to re- dock. "This could be our last year city, and the city shouldn~'t wait Economics Research Associates of ~B~e~e~. ~i~ng g~a rages. seems, winter palaces, ~w~e L~er~- ~l~o~n has provided ~t~h~e city with an impressive proposal to rejuvenate the area abutting ~the front projects, malls. ~mu~seurns~, ~aqu~a~num~s Waterworks building and the Bangor end of _ you ~i~same it -have been proposed for t~he n city. Unit around. ~H~o~i~r much of this has Cruise ship capta the Bangor Dam ~7~h~r ~c~a~q"~ta ~"~c~o~m~p~i~'~s~. been acre? ~b~k~,~h comes ~& ~ad project~, w _ price tag of D~qW between ~69 r~e~till~i~on and ~$118 million, would It w~&~W be Irresponsible of ~t~h~e city to buy contain an Aquarium and' most of these projects as yr~opo~s~a~& ~T~he cost exhibits of ventures, ~i~ts e~qm~s~ion~ed by co~ns~ud- ~ge~nou~s fish, mammals, and aquatic ~t~a~n~t~s, simply is too h~i~g~h~@ ~B~u~t the city h~a~s decision to leave 7 specious ~l~o~bby~'~a~nd auditorium ~o~i~n~o~n~e~r~c~i~a~l ~a~n~d ~a~f~f~a~f~t -pace, I ~. been pathetic in i~t~s reluctance to take t~he from page I ~r~r~a~n~'~s~hop~o~t~a~l~q: rim affordable stop so ~W~qW to f~r~a~I~ti~o~n ~L~a~c~idt shop, oft shop and A r~a~s~ou~r~r~i~a~l~. modest versions ~d some of ~f~i~n~e~s~e ~2qB~q,~>~#~4qV ~"~.~1a esft day passenger boat on the c ~i~i~q@~q! I Maine." The boat, which Although Bangor may, choose to reject ~or Bangor isn't New York or Boston, or even ~,~qZ~0q/ employs 14 people, goes out on two or 7 modify aspects of the ERA report. It is im- Portland ~(~c~i~u~r~r~i~t~u~y pta~n~a~ir~i~l~i ~a~n ~U million three cruises a day in the summer p~or~tant that tie council and city ~admi~ni~s- to ~$~1~0 million aquarium), but it can learn ~4 before sailing to Florida for the win. tr~ati~on acknowledge ~T~he most important learn the experience of these dynamic ter season. conclusion of this analysis: an aquarium cities. Foss said that will work here. It ~f~i~t~%. ~Succ~l~e~s full), meeting t~he future requires in to Bangor he when he find goals. ~bar~d~@~he~sded practicality. and ~q@~0q:~4qtt~ah~6qN~0qr~f~i City Council Chairman ~qUnry Willey re ~w tourist town." He~4qt~qlor as not a ~qW~2~6 for many residents when he cites ~t~he courage. i be knew the high cost of t~he proposed project and ob. ~U it is one of Bac~g~or~'~s goals to generate serves that Bangor never ~"tallied about new energy and g~~r~mt~h, ~the city must have local population would support his business, but he had hoped Bangor having a major city aquarium. We are not the good practical sense to realize that would make efforts to a~l~lract the Boston. We are ~a~ct Neil York. We are Bee~, program de~n~u~ind~s that ~0 invest in itself. It to~lu~irist traffic. Maim, We~qW got ~so keep things In ~r~i~qm vital f~a~nd the courage to make Ironic "We believe the waterfront is like- ~pe~mp~ie~c~t~W~e~." investments, to make that work," he said, ~b~ut ~t~q" ~8qA~q0~1~6qV ~-~4q0~4q/~q9`7 added that progress had been too slow. "We're not enough. People need other things to d the a ~f~iv e ~q@~q@ar~i~; behind ~. what d~o. Bangor workers sprucing Up Bangor has made ~y extensive Im- provements to its wat er~front area in recent months, same of it based an the continued presence of t~he~.Mou~nt Penobscot River waterfront Katahdin, including the construction of several new docks and a parking ~ByT.J.~TTe~mbl~e T~he city ~h~a~s plans to market the property that the city doesn't own is let, and extensive landscaping Of the NEWS Staff de e~nt of the waterfront from the Maine Coal property. ~n~ie city, around the city landing. t~b Waterfront land between the Josh- e It to the Veteran's Rem- however, is negotiating to purchase Bangor Public Works Department bra~nc~e Bridge. ~7bose plans. how- that property as well. ~u~s Chamberlain Bridge and the Vet~. ~am I ee~s fitted fence posts into the ever, will not be completed this Irving Oil Co., which owned the eran~s Remembr once Bridge, =.king the banks of the Pe~no~& ~surnmer. said McKay. property directly to t~he south of the including the ~'~in~qj Oil Co tank ~7~1he immediate plans call for land- Bangor Dock, has a lease o~n~.~1he ~i~n seat River Wedr~iesda farm,alsohas~be~m ~c~q~Wred~*~b~q;th~. ~T~be~i r work on the ~0q" that will ~sc~ap~ing the land between the Joshua ~0qp~qpert~y~, until March 198~9, according city. enclose a parking lot behind the f~a~r~- Chamberlain Bridge and ~t~he Maine to r~aw~l~ey. After In~ingva~c~a~t~e~s~4~he A com~0q=en~s~ive plan for the land ~mer Viner Shoe building on Front Central Railroad tracks. Officials phroppe loped by a local arch~i- the Mount Katahdin ~mr~i~o~e ~v~.~. firm, and several Portland T~1 of on estimated ~l~i~f~f~i.~l~i~t~i~l~l also hope that mom parking can be move from its space ~i~k~b ~4he 'tied under the Chamberlain developers have expressed interest b~i~sautifi~c~ation project be. it dock and ~0q"~y a ~0qri~lli~o~n at k~h former ~qgrid~qg., if Maine Department of ~c ~Y's rant of in the area. In addition, demol~i~t~i~o~wn ~a~df ~0qW~Io~n~, the Penobscot River in the but ead in or Transportation officials can give the Irving property, said ~F~r~ow~l~i~,~3~1~q7 the old Superior Paper Co. building. to ~i~i~q@~qd~iti~on to the city's work along bridge a clean bill of health. ~7~be former Superior ~Paperr Co. recently purchased by the city, be- the waterfront, private activity has Frawley said that they want the building will be dem~o~b~s~b~ea Mime- gan this week. increased significantly as evidenced bridge inspected before they do any The ~1~1~1 ~it has not occurred by the increased number of boats in roadwork under it. because some time soon. although a firm date has ~6qT~qs~i~c a~c 'jig. said Foss. "Maybe not been set, McKay said. ~- ~l~qi~qk~ly enou the river. concrete has been known to fail from Even though it is early in the ~s~ea- ~o~uld be given rust priority," he Will Rockland be the M~qoun The beautification project is bei the bridge. observed. funded by the city for SWAM and ~n~b~qy Some additional negotiations son, boating activity has ~i~n~c~i~n~g~as~e~d a state ~t~o~asta~l Zone Management need in the Penobscot River, a~c~c~o~d~i~n~gto Comparing the city to Portsmouth "We've made strides - I to be completed with Maine Central =~le ~y~e~qar~.~,~19pe~0qa~p~le~qog~i~s~ we~'v got to make more now,' Grant of ~0~0.~W~o~. according to Rod- Railroad officials. which owns a L~o~s~' ~id i~,~.e i~h h~e and Portland, the captain Ban- fanning and Community Bangor Dock, before any of that land the river. he said, So ~27 Dey McKay. the director of the Ban- large portion of land south of the ~- gar had "so much to offer." He re ~or ~ims y ` ~S~. ~t~o~, ~r~i~eff co~g~nized the increase from two to What is needed, said Foss, is ~4qK~qre~l~po ~ment Department. can be developed. according to people have paid thel a~q4most 30 boats ~n~ow moored in the promotion, something that fin ~m~g ~re~g~u~i~t~ra~l ~7~1he summer schedule for work McKay. river, the availability of hotel and make the city as popular a along the waterfront calls for a park During the past couple of years the In fact. as Frawley stood ~n~f~i~l~he motel space and restaurants, and spot as Camden or Bar H~qa and walkway between the Bangor city has purchased severer water. parking lot at the Bangor Do~ck~(~l~Ved- the Bangor State Fair. Foss said "You have to sell a city just I Dock and the K~endu~s~i~r~e~ag Plaza to front properties in the h~0qZ~e of mar. ~a~mday afternoon, a man h~ap~4q*~ded more family-oriented activities, havetos~ell mypa~ss~e~ngers~,~q" he be according to John keti~ng them to private. ~% el~oper~s. to drive up, noticed Frawley, and such as a water slide and a water- Reluctant to leave because of Frawley, ~t~h~e city ~e~x~i~g~r~a~t~e~er ad ~bar~- ~7~1he only piece of property paid b~us money for a mooring front seafood restaurant, should be friends he has made in Bangor, between I b~ar master. the Bangor Dock and tfie ~MCR~R registration. I established. Bangor, the center of Alaine-the Gate uwy Ito Alain e's Vurlh Notods and Seash ore. Resorts JOHN T. FRAWLEY CITY Enal- Dim- of P,bik SwviCU Page Two d1du of Pungor, Mnim All of these properties have been acquired using Community Development ENGINEERING DEPARTMENT funds, including a former warehouse building which is to be soon adver- November 2, 1987 tised for requests for proposals to restore and redevelop for retail and other uses compatible with the waterfront reuse, a fuel storage depot formerly owned by the Irving Oil Co., a coal storage dock, and another warehouse, all of which are to be demolished. Mr. Robert G. Blakesley In addition, we have further followed the advice in the Lane, Coastal Program Contract Administrator Frenchman report by hiring the firm of Webster-Baldwin-Rohraan-Day- State of Maine Executive Department Czarniecki to undertake a more definitive land use plan for not only State Planning Office the Front Street area, but also the entire riverfront area between State House, Station 38 the Joshua Chamberlain Bridge and the 1-395 Bridge, extending back to Augusta, Maine 04333 Main Street. This project has been completed at an additional local cost of approximately $25,000., and presents numerous concept plans, Re: CZM Waterfront zoning recommendations, design guidelines, etc. This report is in the piocess of being printed at the present time, and will be forwarded Dear Bob: to you in the near future. In the meantime, I am enclosing a few of the conceptual plans which dramatically show the impact that this project I thought that you might be interested in having an update on can have an the community. We have been negotiating with the Maine the progress that we have made on the restoration and revitalization Central Railroad on the reuse of the switching yards, which hopefully of the Penobscot River waterfront in Bangor, which has been so greatly are to be moved out of town, and the Railroad has indicated a strong aided by various CZM grants during the past few years. These range interest in the redevelopment of their property through a joint venture from the preliminary planning for the Hampden Marina and a satellite arrangement. There has been considerable interest by private developers docking facility in Bangor which started in 1979, to the Front Street in becoming involved in this project, which we feel could completely revitalization plan completed by Lane, Frenchman in 1985. change the character of our community, bringing it back to the point when the waterfront was the focal point of the City approximately a As we have previously reported, the City did construct a century ago. waterfront park and docking facility in 1984 at a total cost of $180,000., consisting of $75,000. NPS funds, $50.000. State boat We are extremely excited about the direction that this project facilities funds, and $55,000. of local funds. This project was has taken, and we certainly appreciate all of the help that the CZM further expanded in 1986 with the opening of an additional boat Program has given, for without the very early efforts to thoroughly landing dock at an additional local cost of $90,000. There were examine the potential of this area with the grant funds that you have ten private boats moored in the area in 1985, which expanded to provided, we doubt that there would be any changes yet contemplated nineteen in 1986, and forty in 1987; we expect a total of between in the waterfront. sixty and seventy private moorings next year. In addition, the Ver, truly yours, MV Mt. Katahdin, a 300-passenger cruise boat, has handled more than 20,000 people during each of the past two years in scenic cruises down the Penobscot. You will recall that the Lane, Frenchman study recommended JTF:Jkp John I. Frawley, that the City acquire the commercial properties adjacent to Front City Engineer Street, between the Joshua Chamberlain Bridge and Railroad Street. Enc. ~0 ~qU~qnder~2qv`~6qo~4q0~2qd ~lant Site Favored in Tre~4qn~q@ont Waterfront ~1~0~q1~15~4q1~? 7 A ~-~W~.~B~_~y ~q:~0qt ~1~1~2q7 ~b~0q%~a~s ~t~o~, Study ~q;~q:~q:~j~U~,~"~8qr~a~0q&~r ~2qrd boat ~l~au~nc ee and aI is I~. ~ut Selected courier, ~e~v ~a~c the former ~U~qO~qd ~*Ood~qr~0qt~qx~j~q@~j ~t~o~q-P~ier ~a ~C~_ ~q; ~qZ ~a. ~.~q, ~q! ~q:g~t ~q;~2qZe ~.a~b of as ~te~, ~4~U~-~*- ~c ~u~n~' ~6q=1 appropriation ~f ~r Z~, IS ~2q;~'~b~0qg~*~, ~"~' ~-~q;~U~q@ ~q" ~4qZ~, reve~ale ~r Y ~$~85,00~0, ~b~ac~i~r~s~e~e ~*~b~ar rep," d p~r~i~2q% ~t~e ~q;~q@~4q@~2qt~l~s~f~t~i~qn~qg ~4. ~a~qf~c~qe~q@~,~, Which ~e~t a Mai~- ~c ~@~0q;~'~qi~i~W liar-7 No Ag~8qmement on Spe~q6~qj~6qr~8qw Pla~4q@ Tremont Residents Favor Public Access to Waterfront By ~r~A~r~l ~B~r~e~c~k~n~e Options ~v ~e red for the town by ~I~m~i~fulat~io~n~s to pr~ote~d public access many e~i~tp~er~ien~e sk~ipp~i~n pet into which 'plan the public favored. Tremont's Waterfront Acc~e Ames Engineering. Alternatives In- once it ~is established. trouble near the plant when the ~l~Awson conducted a straw poll of six Committee will most likely go "back cluded sites in Bernard as well as "We've got to set t~he direction for weather changed suddenly. Even if different options. Mo~o~rt schemes to the drawing board," after r~ec~e~iv~- Bass Harbor. Some plans consisted the Town's growth. not just let things a sheltered area were built behind elicited Only one vote, some none. Ing public comment on several of separate facilities for commercial go on w~illy nilly,~" she said. the wharf, as has been p. by Lawson indicated that the access ~develo~p~ime~nt options at a special and recreational boaters while othe~t Attention during the hearing Ames. the rest of the facility would committee would continue to pubic hearing last Thursday. combined the two. centered on a scheme that p be dangerous, Black said. research alternatives~. ~Wlt~h a show of hands, the more A~l~i of the plans would cost Several mod~R~y~I~ng ~t~he former Underwood Black also took Issue with the Also on Thursday, progress ~c~o~@ than ~50 people In attendance millions of dollars to build. ~The cost Conning ~C~ornpany plant and wharf. Town's approach to funding any pro- c~ernin~g possible zoning changes in moreput~ill~e~m~- of acquiring land for the facilities That option was favored by both p~o~eal. "First weneed to ~qW outwh~at the waterfront moratorium area ces~s to t~he harbor but agreement was ~not Included in estimates. Ames and the Harbor C~i~nr~im~ittee. we've got to work with for money," were discussed. ended an which proposed develop- "Our concern was not with dollars tongtim~e skipper and lobste~rm~an Black argued. Planning Board member John ment plan offered the best means to but simply to look at what are the Dick Black disagreed. ~"~T~he Under- committee n~e~n ~ibe~t Goodwin Brown told the meeting ~th~i~rt response th~q!~t end. best possible sites." I.~Aws~on said. wood Plant is ~t~he most dangerous explained that ~U~ie Town needed to to a development questionnaire ~cir~- T guess the ~C~omm~itee should go According to Lawson, Tremont Is place for a landing. It Is exposed have plans ready so that It could ap- ~cul~a~ted by his board had been Is~- back to the drawing board," C~ornm~i~l~- facing two w~ate~rfr~ont-r~e~l~at~ed prob~. to southwesterly winds," Black ply to grants and other funds when ~ce~llent. "We received a strong, tee Chair Faye ~l~Aw~s~on said, asking lerns. "First there is the question of win ~. Other fishermen a~nd r~e~e~r~v~e~. they become available. "You can't strong ~i ~e~sp~o~n~s~e for t~o~w~wwl~de ton. that anyone with "bright Ideas" con. how to provide seem to the harbor. t~i~on~al boaters agreed with his get the money without plans. Once Ing." Brown said. ~qW here with their ~su~a~R~e~st~io~n~s. Right now the Town has little more assessment we have the plans then we can search Ate special town meeting in June, "Clearly y~o~u an not enthralled with then a postage stamp of land around ~* Black added that the tidal surge for the money. Then we can decide Tremont voters approved a m~ora~- these plans. We'll keep looking." the harbor," Lawson said. She through the am further ~co~i Vote what the taxpayer might have to con. torium on multifamily housing On Thursday, the Committee added that the second dilemma Is m~a~n~t~ievering problems. He ex- tribute," Goodwin said. "This has d~evelopmen in a wide bond around unveiled several waterfront access how to provide proper land u~s~e plained th~i~d in the pad he had seen nothing to do with the taxpayers right the harbor. That moratorium -~m now.,. In March when T~"~mo~nt holds Its A~^~,~e~p~a~i~n~i~, 1012 ~q@~q/~qF 7Already the Town has ~qM~,00~0 ~i~n a next regular town meeting. special account ~i~n pay for harbor im~. Brown explained that while ~no can. ~2q3~4qo~6quthwest ents, he added. Clete changes have been p. I ~. Money for the w~at~er~f~ror~d seem some changes in the ~shorel~a~nd ~SlUdY was provided by a State Plan. districts would be forthcoming. ~qJ~6qgarbor Residents nin~g Grant with Tremont con- Establishing setback requirements tributing ~$3,~W~0. for various land u~se activities would Black co~nt ~n~u~ed to disagree, ~sug~. be Included, Brown said. ~8qS g~e~st~ing that It: Town should first Resident Stem G~i ~ie six o~u~l~ell~i~n~e~d his decide what It wanted to spend and concerns over development pressure ~6q"~q"~8qfe~8qn~'~4qn~4qd~4qu~?n to A~4qd~8qd~7~_e~qs~qs p~r~qu~2qM~qsa~ql A fellow has to decide up front It plies. He questioned whether any" ~2qL A~'~qI~8qsh out Ag~2qa~q'~6qn ~- t Marina Plan then design accordingly. a~nd Its impact on groundwater sup- ~96qc ~~o~l~l~o~w~t By ~P~.~,~f ~P~u~n~f~i~l~l to build a new wharf ~b~qe~,want~s to buy a Chevrolet or a had ever determined what the max. ~~~~t~i~" ~. ~"R a ~r~n~&~s~M complex On Uttle I I and ~p~r~al~q" t~2qZ~q:~q: ~xh~o~- of op. Cadillac~,~" Black said. imum capacity might be. ~~~~~~'~"~R Pond into ~l~n~g a "Slap an ~ur~i~p floats and ~c~om~, One resident suggested that if the ~' Because of the Town's ~i~n~q" Wine~q" ,arbors P~ark~i~m~? area trip Mr. ~a~bn were to preserve access for corn- geology, dominated by ledge, the al., ~f~p~i~l~" Camden ~0~1~" ~q"~d ` ~s~a~n~q"~l~u~t Pier ~w~i~c~al fishermen, perhaps strict ~m~qW~ly may be less than expected, ~t to ~R~( Agrees S zoning could accomplish the task Griers~o~u said. "We are sitting on a al I I I h~a with little cost to the Town. Select. powder keg," he warned. His Vill ~cl~o~n ~r ~m~e " .. ~i~t or tu dy men Kim Strauss, himself a water. remarks were greeted with applause, ~~~ ~t~H~ar ~. In ~s~a~l~. a~MOf Harbor - U ~-~d property owner, disagreed, Kim Strauss ~su~gge~l~ited that Of a ~s~o ~a~l~l~U~ng that such action would be On~. perhaps the Town could limit multi. on the fair. "It Is a question of fairness," family housing to specific areas. ~f~ol ~n~g~s ~t~o by~l~i~f~i~ch~a~e~l~o~-D~.~M~, se Needed ~f~t Slat' Writer r ~C~A~A~qM~EN ~- with ~i~n~, ~-~M~q*~r~re~q~u~eStag~a~- Strauss sold ~'"if the Town doesnt "Mad people feel like they don~'t Out, and two ring space run. ~M~uter Ken Min, ~1~1~1~q@ ~t the town and Harbor want to do It (provide more seem) want them at a~l~l~," Straws said. recent har~bo at 8~-~3~0 Is scheduled for ~h~f~t ~-then Is It fair to do It by zoning a~nd Brown Indicated that additional consult with en agreed r relatedS~,a.~m. ~F~r~jda~v . ~n meetings would be held as the lawsuits' ~-~e~l~a~c Monday to ~UPer~ior court~. - in the ~K~n~o~, ~0q=Y put It an the backs of individuals?" devise aPlanrFullerton said that he asked. Planning Board continued ~its del~ib~. .rCommittee a~nd and Harbor. future u~s~e ~0 Camden discrimination ere ~n~o ~op~p~or~n~m~i~tis set ~1~1~1~1~7~l~i~c.~nfollowed ~th ~,~*~n~- a policy In an ef~t~or~t to get a ~f~e~el~il~a~n-~e~b~e~e~t - ~ar~atio~n~s. ~6~. ment --talking about ha~r~bo Selectman ~- ~Y for ~. said TOW~, ~Manarmanage. ~q@~he selec~t~i~ne Claire C~- F~rYe worried that "Camden to ad~dr ~ge~F Paul Wes~to ~n were giving a needs ~n~, out Of the har~b~Or Some ess what we want the h~0q"r Coln ~qwaY their work Schooners do ait for ~0qrP~le t~h~i~nj~i the ~qmu~6qr~n~g ~i~n~'~t~tee to do so Should let ~th e~m ~i~n f~a~r ~I~a town ~,~W e as ~select~m Should and we everyone's be, en have to look espouse break eve Others feel that ~We It the harbor ~0~eh we committee ht interest 7b at harbor ~qW~qi~qt make ~qi~qn ~q- ~qi~qt ~8q-ask the ~q1~q1 as vested ~q- ~q.e Harbor ~q1~qo~qney the work arbor ~qc~qo~qm ~q!~qnteres~qe~qs~q. It's bad to in ~q. see increased demand' have, and then h~qa~qv~qn~qu~qttee t~qo work ~qOr~qk~q, ~0q@~qSw to ~q_e~qst~qO~qn said, ~qH added tha~qm t~qhe future ~q"~qus rej~qa~qct ~qth e them come ~q" ~qw People _ et~qheg~qo~qod~qo~qrth e~qm~. We have to in and Will be no vying for the t the ~qO~qi~ql~q,~q' ~qor Satire. thing compare ~qUse Of town docks Board ~4q@~60qC Whole to,,,.,, Work for d~q'~q0 future Pre. SPO~qnded that t~q1~qrh~qmea~qn a" C~q- M~qank re~q. ad~0qriso~qry Harbor Committee is an "I'd l~qik ~qe a Statement ~qfUndersea committee and the ~qd~qi~qr~qf~qt~qt, e to ~qs~qe~, On the ~qha bur win ~qt~qak .Or the the nc~qi~qt~qhat.~q7~qhe ~qje~qct~qm members ~qf~4q-~qye~qa~qn-~qW~q. ~qr ~qs~qe ~qa in the next Possible options se~qt en ~qW ~q1~q1~q1, ~0qWe aI~qc~qt ~qe~qs~qt~qo~qn id~q. presented by the anc ~qi~qn look at lawsuits responsibly we w , recommendations ~8qI~q-~qC )card On t have any disagree ask committee and ~qi~qn ~qt~qoreCe~qr~qne~qm~qber John wed.~qor agree, ~qF~qU~qN~qIer~qto Said ~qI~qe~qXp~qla ~q-[Or more information, he ~4q4 againstdIV ~qn~qt lawsuits filed Sid Linds~ql ley ugent and Paul c~qh~qs~qi~qr~qe~qn ey, Harbor Committee who an, Said the c~qo rfite~qm~qs to attack would like ~qC a ~qisuits. felt the. ~qf~qi~qs ~2qT~qmi~qt~qtee - vice. ed~q. had bee. u~q,~q. ~q-a 7~8qh~6qe's~qc~qie~qc~qh~qn~qa~qn decided to meet ~q, Nugent announced i~qr~ql~qy Harbor Corn ~q-nee Jul with the ~qMem~qOrand ~qa~qu Y 2 and present a ~0q!`~qf~ql~qr~qOo~q1wn~qj~q1~qn~q5ge h~qt~q1th the ~qt~qo~qw~ql~qn~q@~qf~4qn~0qnaday that a earn. u~qr~qn~q, Is d~qa~qy~qsa~ql~ql d ~qb~qee, outlining ha~q,~qt~q,r~q"~qth selectmen- comments the town dock, While ~q-~qC 0~q1ad reached for idera~qtio Objectives Items noted ~q@~q.~qO~qw~ql Partial use ~qo~qf cons ey~q's restraint. a~qn~qd fees the ~qn include l~8qa~6q@se categories av~qai~qla~qt~qi~ql 'number ~qo~qf n, ~q- e and ~qt~qhe ~qO~qo~qr~qi~qng licenses awarding them, an ~qer of Priority i~qn Ordi~qoa~qn d c ~qcAges ~q'~qI~qn ~qthe harbor changes~q.c~qc itself to ~qo~qm~qp~ql~qy with ~qi~qm~q, 47 ~0 MAINE WEEKEND-Bangor Daily News, Sat.-Sun., September a - 27, 1987 Dredging of Jo~p"~ $20 million worth of construction Entrance Channel to Begin The By Mary A~p&~ M~~, dhs to and ble c~ J~~ be raised by ~ POW C~ Off a pass ~the center of town; to have major impact on Jonesport presented its Waterfront Action Plan combination o~pn~ reserving the Town's waterfront to ~2pr~onth and ment Block Grants, the Governor's space for water-dependent uses; the work will begin on the first priority discretionary funds, the Department construction of a municipal building; By Clayton seal ~~~o ~~p91. The ~ area of the plan in late December. of Transportation and a possible development of a harbor Manage~ L~au e~padm~1ped by the U.~o~i~sers of the Working under part of a ~ Fanner's Home Administration Ion. men~rrent ratio of am Army C rps of Engineers. system. Each user Will be assessed million Army Corps of ~rs ~ will be completed registered beat for every on~ JO~ major Two now anchorages. an entrance about ~pi~ con' ~cts to cost about channel to ~a 1.~ A ~c~t~ Harbor Improvement Project, the in 1~pl goes according to half households; and a decision on ~ million may bolster the overall breakwater will be extended into the has started at Jone~gh Pr~y of Rockland schedule, and the Town's local the future of a state-owned marina, economy of this small fishing village harbor. Beginning at Henrv~ol at Snare Creek. New class- will begin dredging an entrance fishing fleet will have a protected.' which is currently unsuited to within the next year. it will run ~ rooms, a stage and music room, and channel to Jonespor~ 1~orage composed of nine commercial use. Most of that economic surge is ex- an expansion of ~ts Cove before the end of the year. acres six feet deep, and six acres According to figures supplied by pected to endure for a~ ~ ernbe~ shop ~ included in the Officials believe the dredging of the eight feet deep. the Regional Planning Commission, years. ~pt improvement to the secondary edu- entrance channel, mooring am, ~ The new entrance channel will be Jonespor~of the r~ ~3~ Daily News, c~ilities. the cove's ~ will be 100 feet wide and eight feet deep. dents of its population district with or Before Sep~. the I 'I] completed in the spring of next year, The Washington County Regional incomes below ~h- Tot ~ papers conveying ~~p"~ allowing work to begin on the town's Planning Commission, which pre- ~s average income. ~ School building new ~~. pared t~ion Plan for Washington County, itself, is below. to Almer Huntley. On Dec. 19. 19~ Jones area to Although the Army Corps of the Planning Board, estimates that ~ State's average townspeople agreed at a special Engineers has agreed to fund the the harbor improvements will enable income. to boost ears Of town meeting ~ng, lie project for ~ total local fishermen to fish 11,000 more project d~~ ~~pv~~ project en ~pi~ends to convert the three-floor project cost is estimated at $~ hours per year. ~ brick build~ments and The Army Corps of E~pieers In ~1pic~ roll S~ ~ Beat planning ~pE~~ties. its. 'The ~i lion projects a savings of $1~)(1 a year Down ~ Bureau Leg about S9 the A ~eak~ill ~ Of ~ when the reduction In boat and ~O~ ~ is spring for a new 2~ I in~P~1pe only ~~1pn~tructure mooring damage is added to the The ~ ~v, d~po the ~O~pb~1pY~ corps ~tthe town ill replace e~h~ Increased fishing hours. ~ ~ ~p3~ a~e new health- The breakwater project is the first ~p~ Board's s ~nd oper- come ~~ ~eed ~pt~p@ ~ill ~ of eight priority areas in the overa~ a~ct ~ Oaf ~~~~~c~ too ~pn ~~~ b~p that includes ~ ~p65 ~~.~ ~l b ~.~ 1~~ns rry Brown, administrator at Other priority areas include: an of the ~ dredging willing to give It It the at the jobs land will begin s point near the ~. Steven Weisen- ~ estimated $7~er or water direct rest' but some off the ~ ~ T~r of Jonesport. system to alleviate ~i It mouth ~~k ~are considering con- ~e a downtown term ~ this J~problem with surface ~~@ ~ ~he e~will precede ~O ~p' cling ~ter and ~ bb~1p'~r ~ ~sing for the elderly. wnersh~ and groundwater contamination, ~2p1 the ~1po Or combined ru ~d be added to tfie ~ which has ~g of sort* ~,, ~, ~ in the ~ 'Waterfront ~ ~ar-sh~t ~in~a priority in clam flau in the area; securing d d in th~ ~will be to ~1p.overall dev~ loot vitally ~pi~1pec~ &edging phase ..~r 0~ ~ public boat and walking access to the small ~pg~ ~espo the local reside of d other ~g~~ ocean; work on the Town's Main cent Of ~ ~ e~pBricl~ie a~nclude off-street parking be 0 to r ethe cove. The ~feet costs of m~~n~ comes ~a~ ~1pte~~pib~1pl~ the it could recover ~. e in the include one ~ ~ ~ ~on ~e c Nab hanne~pl dd~n line at Indian H~ The ~ ~2pP~ deep. ~e of ~~~p'~2p] he ~ come-~e ~. d~p8 1 ~~ coun~come in ~pl~ be ~to include ~ ~w be 100 ~2prbor~~1paches. The work will be ~a~p, According In she~ ~ ~-street parking ~ pro~tment of ~ ~ and others ~p9 the ~ I able ~p1~ther d~ study, ~a~1p@~ ~'~ ~urage ~ some economic ~r~ b~t~ ~ is ~ I ~Y or nd~ ~1pnd~rt FTO~ ~erc in onesport future ~ to ~ In addition ~ the ~y ~ secure and ~ expected , greater IF at sage ~,~e ~p1 have ~es~ d the ~(d~area ~~ ~~ increase By Clayton Beal the jobs ~% fishermen ~stimate 0 ~po~ De~ Down East Bureau ties will ~~p~"~ A ~~1pl~ove- will it" ~ ~1~ _~pil~1pir~2pIm JO~sidewalks and off-street parking are being ~ /~ ~bs~ beat) ~ ~ ~~ sheltered harbor have ~pi~per related ~ marina It planned ~espor~ommercial area, and a to spend Moro~ ~1pV h~pro- merits 2~ caused Is . h~i~~ ~ time and ~~~2pI~ The Report recommends town ownership of marina ~pi~ ~ MY ~ per~O~ ~ps ~~ ~ ~ that ~' ~~ ~al list of future developments. some of the read to Henry Point Camp. Coastal Program in the State Plan- ~~ Down East Bureau commercial fishermen and recre- ground is under way. and work will ~unds originated ~p@5~ ational boaters place a very high v~ star( next month an the new break- through the U.S. Department of annually~ I r~p1~ in the JONE~arina at tie on its facilities. They value the water and entrance channel at the Commerce. Office of Ocean and A~O~p, ~u~~ Sawyer Cove. eighth in prior~ boat ramp, parking lot and pier. And mouth of the cove, and the dredging Coastal Resource Management. ~ b~~ ~ town, ~ ~breakwater ~n~1pVa~por~ ~e service building ofa 1~eld. der the Coastal Zone Management n ~ a~ ~ ~ the join ~2p3 d ~~ :ion Plan. ~set and ~~hed and put to bet- The first edition of the 1~1pe Act of 1972. . complete ~piented ~pal ~ of ~~o~ ter use. action plan ~the According to a summary s~ project ~ service ~own ~ Reach 11 the lint n a~the The ~i~ina. Planning Board by the Wa~1pt~ the marina prepared by the ~ will ~~ ~it~n~ m~1pom the state, ~l~ ~1ped the cove's north shore. ~egional Planning Coin. consulting engineer. bean ~o the cc' ~ jobs in ~ Id ~ ~ million will be expended mission. T~pt preparing the shaw of ~sville~pir~ economy ~h~ the harbor Although ~w~pb~ in (~pe~pcl inn of h~pc~ document was provided in Earl by a on several in the cellar on the Planning Board's facilities at the cove. Reconstruction local planning grant from I e Maine ~a~~ only that trucking goods to Boston would remain SEARS ISLAND REPORT mom Cost-effective, but that Sean Island was not even the best site for a terminal. The EPA Showdown in Searsport consultants said last April that a mainland facility A proposed state-owned marinecargo terminalat using existing wharves at nearby Mack Point would Searsport appears to be heading for final show- be cheaper and have less environmental impact. down between its Maine backers And federal and they confirmed this week in a separate report environmental regulators. Elizabeth Higgins as- that the DOT consultants had introduced no now sistant director for environmental review at the evidence to But" them change their minds. federal Environmental Protection Agency (EPA) in Boston, warned the Maine Department of Trans- Times 9/18/89 portation (DOT) that it intends to review "carefully and extensively" the final environmental impact statement on the $29 million Seam Island project issued this week. Higgins saidd that a cursory review of the final SEARS ISLAND DOT report already revealed a glaring ommission. 8/14/87 The consultant hired by Maine officials to prepare a market analysis ignored a report submitted last Cargo Slow-go. April by an EPA consultant that cut doubt on the The regulatory squabble over the Sears Island Cargoport drags on-the result being that state project's ability to attract cargo. I hope that the officials now do not expect construction to resume (DOT consultants) made use of the data, even if before the end of the year. A federal appeals panel halted construction in they didn't cite it in their report," Higgins said. 1985, ruling that state and federal officials had The EPA, a leading critic of Maine's environ- failed to conduct a full environmental review as required. Since then, drafting and re-drafting of the mental review process, has veto power over a required environmental impact statement has dredging permit needed by the state from the U.S. generated questions about the project. While circulating a draft of the statement a year ago, state Army Corps of Engineers. Higgins has said that transportations department officials talked about EPA will not approve the permit unless Maine resuming the $28-million project early this year. In officials can prove that there is a need for a marine March, Governor McKernan said he hoped con- terminal along the mid-Maine coast and that struction would begin again in October. Now, undeveloped, 900-acre Sean Island is the only deputy transportation commissioner Russ Spinney feasible site for the project. is looking at a start-up date in January or February. The final environmental impact statement, While a variety of agencies hammers out the final draft of the environmental impact statement, the which expands on a widely criticized preliminary federal Environmental Protection Agency(EPA) report issued a year ago, reaffirms the DOT's points to a consultant's report it commissioned that suggests expanding the existing port facilities at original support for the marine terminal even nearby Mack point, rather than developing the though it concludes the project would not be nearly untouched island at the head of Penobscot profitable. Because it will be supported by tax Bay. "We are still working with (EPA) on aspectst of that," Spinney reports, "Whether or not EPA is dollars, the Sean Island project do" not have to satisfied is still to be determined." If EPA officials most traditional private-sector tests of profitabil- decide the cargo port is unnecessary, under federal ity. The impact statement estimates the $29 million law they could block the required permits. The Sierra Club, which filed the original suit to when fully operational. or barely one ship a month. force the drafting of the environmental assessment, and dockage fees of less than $500,000 a year. But does not feel out of its element arguing against the project on the grounds that it might be a waste of state subsidies will help support 137 jobs with an money, rather than complaining about ecological annual payroll of $3.7 million. In addition, Maine damage."Many of our important environmental battles of the future may be won on the strength of companies are projected to save $900,000 a year in economic arguments," says Priscilla Chapman, transportation costs by using the now terminal. executive director of the clug's New England chapter. Higgins and the EPA, however, have believed those projections, and they Original- a separate study last spring to examine whether Maine companies would actually use the Sears Island terminal. The EPA's report, which the DOT 49 ~0 ~4 ~2qP~, ~8q4~q) fig A ~8q5 ~V~-~1~t ~4qU~q1~1 ~qf~qf OVA. ~8qu~.. ~q!~,~'~,~,~F~,~q@~N~s~2qu~f~qt ~z~r~.~.~-~V~qh A Jib ~N~. ~t~@ ~qA~8qC ~qk ~, ~-~qq ~.~2 ~V~, ~qZ~' ~.~4 A ~_~-~'~f ~J~. .~0.~qt ~2q4~q" ~4 ~8qF~t ~8q0 ~Z~6qU ~q: Rip ~0 ~- ~@ ~"~q" I A ~qZ~e ~o~ ~.~- ~q? ~8 ~- ~k~ ~-~6qK ~2qn~-~k~i~4qu ~X low ~qM~qW A, ~V~_ ~-~4~. ~qZ ~q8 ~0qJ ~- ~- ~8qU ~qI~qg ~'~o~s~-~q1~4 A ~V ~r ~'~4~0~V ~0~0 ~1~0~-~4 ~f~t ~q;~-~q4 aft ff. ~'~. ~q4~,~0qW ~.~4~2. ~. ~.~0q0 .~0 ~2qW~. ~qJ~4qV ~X ~1~; ~9~q1~- ~- ~. ~d~6qu ~qg~o ill: ~4qJ~qA~4qV~-~0qM ~e~.~qg~* ~4q1~2q4~-~q@ is I. ~-~6qU~i~4qh~o~-~qj it jai ~J ~q;~q;~8qj~, ~q2~. ~- ~qt~, A ~.~0 ~6qq J~qI~8qN~:~i~i~ql ~.~0 ~4~4, ~- ~4 ~Z ~qF~0qS ~Q~Q~Z~: ~0 ~qc~0qo ~I~* ~Q A ~8qM~qa ~_~2qn~N ~.~q8 ~* ~q4~4~q@ ~s~. ~_~1~6~q1~'~s ~qR~0qu ~q1 ~4 ~-~qZ ~-~4q0~- ~6q&~A~.~9 ~q4~6q0 `~q@~, VIA~, ~&~qS it ~V~qR ~q@~-~4qq ~O~.~-~a~c~o~c~r~qa~- o ~2~.~q4 ~q4~q2 ~3~" ~, ~q9 Sol! ~qd~.~4 t ~C ~C~q1~1 ~s~,~7 Not ~6qW~-~qJ ~V~, ~qg~4 ~R~Z ~A~-~f~t A, ~f ~s ~2q4~q4~q5 ~Z ~-~C ~6qQ ~-~.~q4 ~16, 32 COMMERCIAL FISHERIES NEWS JULY 1987 Portland planning board approves Developer's berthing relocation plan okay PORTLAND, ME - Following that were tying up at Central Wharf many months of debate, this port's when it was purchased in 198~5. Two planning board has narrowly vessels later voluntarily moved to a ~p~qFp~r~,f~)v~ed a condominium developer's Union Wharf. ~a~. ~or removing fishing boat In February 1986, Liberty Group its berthing space from its wharf and s~i~g~n~8qV a five-year lease for 700~'~of ~'r~e~l~o~c~it~ing~" the boats to other line bert~hi~qn~qi at Hobson's Wharf, ~i~t pool wharves in the harbor. which wa I under construction at By a 4-3 vote at its May 26 the time. The berthing at Hobson's meeting, the planning board decided became available in April ~1986, that the Liberty Group's proposal for which is when the lease began moving 700 linear feet of commercial Whether the space ~,~1~C ~q@~.~b ~o~n~s w~a~s ~c~i~q@ berthing space to utilized or not, Libert ~ph~a~d ~is ~- I ~qti~,~0qt~8q%~qy~, ~%~qZ~lharf would fulfill the agreed to pay Hobson's Wharf ~7 ts waterfront's Associates ~S4.~50/ft the first year, of the' r~equiremen zoning ordinance. ~S5.~50/ft the second and third yea~r~q@~, Over two years ago, the Li~4qt~r~qy and market rate the final two years. In May, Portland voters passed a referendum that will stop new Group bought Cent~ra Wharf But vessels that moved over to ~ ndo projects in the harbor for 5 years. Liberty Group's 91~-un~i~t condo received city a proval for Hobson's from Chandler's Wharf were ~0~0 ~qq~qons~qtruc~qti~qon o~qFits now complete only charged ~q$3~q.00~q-~qS~q3.50 during their pictured above was built on Central Wharf in 198~5~q-86. 91~q-unit condominium project. Central first year of relocation, with Libert Wharf Iwhich was renamed Group subsidizing the remainder o~6ql have happened even without a lease two separate issues." He said it was Chandle~qes Wharf by the developers, the rent. According to Liberty Group, agreement from Liberty Group. the responsibility of the planning is located in the city's mixed-use W-1 this was done because of the Planning board chairman Jack board to decide whether or not the zone. The ordinance permits ~@ inconvenience caused to fishermen by Humeniuk took exception to that intent of the original zoning residential housing on the wharves in the Chandler's Wharf construction. ~0qS~q?int at the May 26 meeting. He said ordinance was met. the W-I zone provided that fishing As of April ~q1~q5, though, rates were iscuss~qion~qs in 1985, when a group of I don't think it is my prerogative vessel berthing is allowed to stay, or increased to $4.50. fishing industry people were ting or responsibility as a board member as long as the housing doesn't Although the Hobson's Wharf lease' I y H~qo n~q's to vote my visions for this city;' said W~60qT~q,rher financing to bu ~72qt displace berthing that couldn't began in April 1986, the city planning ~q. f~q, led him to believe that the John Barker. 'As the ordinance was 'reasonably relocate elsewhere in board had not approved the berthing Finance Authority of Maine might written, it was clearly the intent of Portland Harbor.- ~' relocation plan. At a July 8 ~q'1986 no~qt have provided financial ~qback~qi~qKg policy makers that relocation could Since late 19~q8~q5, when the Liberty ~0qr~qubl~qic hearing on the issue many for the Hobson~q's project without a and would be permitted if a standard ~q'~q5 ~qr~q" for~,rel~qocatin 'he herme ke against ~qth~6q@ ~0qflan, and long-term tenant commitment. "One was met. It was a standard of me known, I e reasonableness.' ~6qP ~60qP~0qP helped the other to happen," said ~qI~q. n~q. boats ~6q@~88qt ~q1~6q1~q. 0~qsn ~qO~qct. ~60qV~q.~56q7 plan was sta emated qu~qi~q,s~qti~qon tit whether there is any when the planning board~q*5 vote on Humen~qiuk. "Maybe they weren't "It's very difficult, unless you don't ~q'~qm~q-~qa~qs~qonab~qle" place to relocate berthing the issue resulted in a 3~q-3 tie. dependent on each other, but they believe in relocating at all, to say that in this crowded harbor has been ~q@ ~- Opponents of the plan have argued were certainly intertwined." this is unreasonable," said board debated before the planning board. that relocating boats from Chandler's According to the city's Associate member Kenneth Cole III of Liberty According to David Cope of the Wharf would result in a net loss of C potation Counsel, Richard GrCou ~q'sire~qlocation plan. ~qe ~qF~ql~6q:~6q@e~ql~ql~qln~qx "Whether or not a ~qo~2qV s the newest ~qme ~qber on the Liberty Group, the developers were berthing in the harbor. They said ~qth ~qe boa ~qi~qn ~qr~qe~qsp~qon,~q,ibl~qe (~qo~qr relocating 7~6qW of ~- Hobson's Wharf project with its shortage of berthing exists shouldn't planning ~qrd. His vote broke last berthing space for the 10-12 boats addition of 15~2qW of berthing would have anything to do with how the October's tie vote. ordinance is interpreted. Those are Janice M. Plante 50 Southwest Harbor and Jonesport, and waterfront issues in Searsport and Portland. 6. Coastal Access Activities Controversy and questions over the Superior Court decision in the Moody Beach case in Wells as described in the Issues section of this report overshadowed all other coastal access concerns. See also clipping regarding Tremont's CZM-funded harbor access study under Item 5 above. 7. Permit Procedure Simplification The 1967 Legislature enacted several statutes simplifying permit procedures. LD 167 (PL 274) expands the authority of the DEP Commissioner and staff to act an certain categories of applications (given in 38 MRSA 344) to include: (1) structures at an existing industrial or commmercial facility which do not increase the square footage of ground area covered by more than 50 percent, under the Site Location of Development Law and (2) incinerators or boilers with capacities up to 250M BTU's er hour (formerly 150M) or which do not result in a net increase in emissions at any industrial or commercial facility. The Legislature simplified aquaculture permitting by exempting marine aquaculture operations from DEP's wastewater discharge licensing requirements, leaving permitting up to the DMR but with water quality certification still performed by the DEP (see LD 1751 IPL 3721 and LD 1840 [PL 4531). See Exhibit D-1 in Appendix D for more information on these new laws, and the clipping reproduced below regarding the DEP's efforts to expedite processing of applications. 8. Activities to Protect or Restore Historic, Cultural or Aesthetic Resources, or Redevelop Deteriorating Waterfronts Ports See letter and clippings regarding Bangor's waterfront revitalization program under Item 5 above, and clipping on Maine's historic lighthouses under Item 15. 9. New Memoranda of Understanding See Appendix A, Task 4.B.1. 51 Speedier action n by DEP sought ums on dunes, develop subdivisions, Commissioner expand ski trails, dredge wetlands off said. The study is expected to take three months. tries to avoid and clear and grade land near In meantime Marriott ordered his streams. Members of the staff pres- staff to focus their efforts for the staff Increases ently are carrying about 50 cases next go days on "reducing the back- each, Marriot said. BY=Nancy Remsen log of pending applications." At the of the NEWS STAFF Inthe Bureau of Oil and Hazard- same time, be has appointed some employees to "working groups" to Applicants complain. ous Materials Control, a newly es- come up with ideas for -new poli- Members of the Board of Environ- tablished hotline has identified at cies, new prodedures, new regula- least 75 potentially hazardous sites tions on how handle licensing." mental Protection scowl. around the state in need of attention, he said. Staffeat the Department of En- Marriott said. That is an top of the For example, why can't an appli- vironmental Protection wring their 200" that already had been targeted cation from an individual seeking to hands. as problems he said. cation from an individual seeking to They all want something to be put a dock on a lake be considered done about the sluggish way in which Many have argued that the DEP differently from an application from environmental regulation takes. needs more staff to handle its ex- Hydro-Quebec seeking to run trans- place at the state level. panding responsibilities. But the mission lines through the state. 'We have 1,100 applications pend- McKernan administration came to Marriott asked. He already has sug- lag in the land bureu right now,,, power with the position that the bu- gested that small and routine proj- said Dean Marriott, commissioner reaucracy in, Augusta was already ects might be approved without of the DEP since February. Applica- review, with the understanding that big enough. they must be done according to a set tions in this bureau include requests "We have to find a way to stretch of standards. "So while we are trying to whittle to put ramps into lakes,repair our resources," said Marriott care- bridges, build homes or condomini- fully remaining concommittal on down the backing, we am going to any need for additional personnel, have some people working an ways despite the burden he knows his staff so it doesnt develop again," Marri- is under. "Before we ask for more ott said. resources...we've got to show that By January, well have the re- we've done everything we can inter- sults of our (consultant's) study and nally" to improve the department's of our efforts," he said. Armed with efficiency, he said. this information, Marriott Will go to Two efforts are underway to try to- the governor and "hash over the re- speed up what goes on at DEP. sults," he said. First, the department has hired a Are more people thesolution? I consultant to look ,at the way we just don't know the answer to that process Our paperwork and the way right now,"Martiott said. we handle communications",Marri- BDN 9/19-20/87 ter 52 10. Report on the Federal Consistency Review Process & Coordination Activities .. See Appendix A, Task 3.A. 11. Public Awareness Activities See Appendix A, Task 4.B. 12. New Publications Report See individual work tasks. Also, a list of reports and other products as of Sept. 14, 1987 under C2109 (1985-86) and CZ087 (1966-87) was transmitted to the OCRM by letter of October 5, 1987. 13. Changes to Coastal Zone Boundaries & Management Authority A new draft routine program implementation (RPI) package describing 1966 changes in Maine's care law authorities was transmitted to the OCRM in July for informal review and comment. A supplemental analysis was submitted September 9, 1987 in response to ORM's letter of July 15, 1967. 14. Changes in Strengthening the Management of Coastal Resources Numerous changes were made by the 1987 Legislature which strengthen the management of coastal resources. Most of these changes are outlined in Exhibit D-1, "Results of the 1987 Legislative Session," reproduced in Appendix D. The more noteworthy changes are as follows: Obsolete laws regarding the authority of harbor masters are replaced with a new Harbor Master Law (LD 1794). The authority of municipalities to regulate structures built on a wharf or pier in their Shoreland Zoning Ordinances is clarified (LD 136). A loophole in the Subdivision Law allowing long narrow waterfront lots of over forty acres without review is eliminated (LD 1764). Enforcement of the Freshwater Wetlands Law is strengthened by adding It to the jurisdiction of the District Court (LD 864); enforcement of the LURC Law is strengthened by increasing penalties to a deterrent level and permitting the courts to order restoration of areas in violation (LD 1740). 53 Timber harvesting is prohibited in resource protection districts around great ponds under the Shoreiand Zoning Law (LD 1666). A variety of measures provide better ground water protection (LD 836). Transportation of water in significant quantities beyond the boundaries of the municipality in which it is located or any bordering municipalities, except by a water utility, is prohibited; funds are appropriated to complete the State's sand and gravel aquifer mapping program (LD 1117). Well contractors are required to submit reports to the MGS on new wells, providing a significant source of information on the state's ground water resources (LD 1597). New overboard discharges of domestic pollutants into State waters are prohibited (LD 1266). Proper sewage disposal in the shoreland zone is furthered (LD 1761). Maine's solid waste laws are rewritten to establish a comprehensive framework for the safe management and disposal of solid waste, hazardous waste and waste oil (LD 1662). The DEP is enabled to place a priority lien on property where it has expended funds to clean up uncontrolled hazardous substance discharges (LD 1868). Finally, the laws for leasing submerged lands for aquaculture are updated and improved (LD 1840), and a study is mandated to evaluate whether current staffing and funding levels are adequate to accomplish the mandate given the Critical Areas Program (LD 1456). See also Coastal Issues & Accomplishments in the first section of this report. 15. MaJor Coastal Issues & State Role See Coastal Issues & Accomplishments in the first section of this report and the clippings on the following pages. 16. Sub-awards to Minority or Female-owned Businesses Information not available'. bbl.progress.16 54 ~0 SUBDIVISIONS M~4qT~qe~, Moratorium lifted Old ways Downe~ast die hard, as supporters of tough new rules on sewage discharges and large-lot subdivisions learned to their dismay earlier this th in the Washington County town of Cutler. After enacting a one-year moratorium last year on new subdivisions, Cutler residen~t~z voted at a special t~~~w~nn meeting June I? to end the moratorium without approving any new controls on develop. ment Pop ula t~4qi on graying, gro wing The main beneficiary of the balloting win be ~Mwort~h-based developer Norman ~Iangdo~n, By F~6q=C R~q:~2qr whose 32-u~nit subdivision proposal on pristine Guy ~q:~S ~c~e Western Head overlooking Cutler Harbor led to the development curb last August [MT, 9/~5/~87]. In the AUGUSTA - Maine's population is interim, the town pl~ar~m~i~n board proposed major expected to grow by close to 6 percent from Populat~qion~'pro~qjectlons ~I~qm to 199~5~, with southern Maine and revisions to the Cutler land use ordinance, in- Some coastal areas recording substantial Source. Maine Office of Data, Research am v~i~t~a~i St~atst~q". cluding upgraded road standards, larger setbacks ~i~nc~z~e~s~ses while Aroostook County con- and the hiring of a code enforcement officer. Other U~nue~sto lose people. I proposals included a ban an new private sewage At the same time, the ante will mature discharges and an increase in the ~;~n~;- as the number of teen-ag~ers and ~yo~t~r~i~p 1985 1995 % Increase um lot size adults declines and Mainers 35 and older posed five-acre lots. ~p~o~8qS~la~t~ion. emerge as a growing force in the general A~ndr~0~a~0q@~a~_, ~ql~qb~qd~.~60~q6~,~"~@~q- Langd~o~n's pro- subject to town review, aimed at All ofthose proposals met defeat, however, at the ~0. fire the conclusions of a state Aroostook ~qb8.500 82,250 ~2q17~.0 hands of town voters at a meeting that researcher whose population projections ~'Cumberland~ 2~q26~qA~8qW~'~_~-~'~@~;~qr,~q24~q5J5~0 ~@~'-~-~@~,~,~J~@~,~z-~~B ~5-~7- supporters Show Maine topping the 1.2 million mark Franklin 28.950 ~-31,200 ~qJ~-7 of the new ordinances termed a "carnival~.~- =a ~8qrp~qt~l~q.~-~o ~q- 67~,~0~G~O people ~,~"~a~n~cock. 4~4 100~@ 1~1- ~~l~isterma~n Jasper Cates Jr.. whose daughter, ~qge ~.~q7 th Cynthia Row~d~b~, is the town first~-se~lectm~q.~, ~The ~r~e ~b Dale ~E~. Welch of t~he Kennebec 1 ~1~q@,400 ~@'l 16.750 k~l~ed Office a port, ~y search reported that opponents of the proposals hoc f Dam Re an 3~2q0_~0~qD~,~:~,~.~q:~_~8q7~'38~.7~5~C d Vital St~a~t~i~s~- and made catcalls as members ofthe town p ti~qm predicts that all but two of the state's Lincoln 28,150 3~q1.050 ~8q1~7~-4~'~q@~i~" Willing~ ~qS2,70~0 5.4 board attempted to explain the articles on the town ~16 counties will grow in the next few years, ~qo~x~f~o~r~qd~ ~8qK ~, ~. ~,~, ~".~q6~" with Aroostook County continuing a slide Penobscot 138,150 139.100 meeting warrant. The ranks ofthe proponents were that was first recorded as far back as 1970. PI~S~C~S~ta~t~t~i~j~i~qt ~@~X thinned, Cates added, by a graduation that evening Washington County also is expected to at the local elementary school and the be drop ~In size, but the loss there is projected S~agadahoc 30,200 ~30,950 .4 ginning Of the lobster spawning season, which kept some at less than I percent, compared to a 7 ~S~qm~q~ ~A~&~qM ~SD~0q= percent decline in Aroostook County~. Waldo 29~,5~00~- 31,500 lobsterman away from the meeting. By co~ntr~a~st~@ projections call for Cum- W~a~f,~,~1~1~~1~1~1~1~;~l~l~qo~q@~l 7-~1p~p~ -~34,300 ~3~4~.~100~'~-- ~qf~qj~1H "We had a developer who dangled visions of berland County to gain more~*than 19~,000 York 153,100 sugarplums in front of their eyes," Said Cates. ~1 I~s - an increase of ~8~.5 percent that ~17~q2~,650 ~-~14~.~. ` ~'~q@~6qA~qi~ql~qr7` hate to say this about my neighbors, but some of ~2q=~P~l~d boost the county figure to ~245,750 Pr~qm H~w~a~ld ~g~raP~N~C by P~&~M~c~k ~O~f~t~u~l them just have not learned to think." Lan~gdo~n last residents, or about 20 percent of the state total. Hancock, Knox and Lincoln counties a~re than the coun figures, with slow growu~i year estimated the Western Head house lots would The jump will be even more dramatic In expected to grow more than 10 percent by or populatio~n~i~qN~ra~ins anticipated in some sell for $1~50,000 apiece, and he has recently offered York County. where projections call for a t~he mid~-1990~9, followed by Franklin, urban areas that are surrounded by faster 14 percent increase of 21,~5~50 people, peg- Oxford, Somerset and Waldo counties at 5 growing suburbs and rural communities. the planned subdivision for We for ~$2 million ~P~o~r~L~l~a~nd's 1~0~-ye~ar growth rate is pegged Cates and 120 other fishermen have Sig* ~6qLng the county total at 174,650, or more to a percent. ~ned 14 percent of Maine's population. 7~7~ie slowest-growing counties, each of at 5.7 per~oen~t and South Portlands ~a~t 4.7 petitions asking the state not to grant an overboard -What stands out is the rapid population which Is expected to record a pin of less perce~nt~@ compared to more than 8 percent discharge permit to L~angdon for 11~,000 gallons of ~qfo~2q=uth~@rr~f Maine," said Richard A. than ~6 percent. are Androscoggin, Ke~n~n~L~- ~for Cumberland County as a whole. treated sewage a day. They argue. that areas of h ~, senior planner in the State bec~, Penobscot, Pi~sc~a~taqu~i~s and Cutler Harbor are prime spawning grounds for the ~Plar~i~n~ing Off~ice.~"T~b~at's just part of a trend ~S~agadal~i~f~ic. North Atlantic herring, which might be harmed by that's been ~g~o~L~ngo~n~"f~or some time~. City projections tell a different story chlorine discharges. But Delia Mae Farris, a Cutler native now living in Dam~ariscott~a~, says the majority of local residents who voted 83 to 66 against the ban on new overboard d Department will protect, ture rec~i~and Purpose Status (in for(!(- ~t~inle~s~s otherwise noted) although it ~c By The Numbers ~'ro~qn which ~h~a~s a: Belgrade new subdivisions and~'mu~ltifam~f~ly dwellings The fear of t Cape Elizabeth sewer hookups role in the ~N Moratoriums on development are a good Casco major projects lawsuit that index of Maine's real estate boom. but Cherryfield new subdivisions year. keeping track of the Maine towns that have Cumberland Chebeague Island development adopted them isn't easy. No single agency Cutler new subdivisions has tried. The beat sources of information Dur~l~i~s~im multifamily dwellings this are the staffs of Maine's 10 regional plan- Falmouth Route I corridor recently expired ning commissions, which offer abort-term' Fairfield now construction planning board recommendation and long-term planning help to many of to town council Maine's 4~64 municipalities~. Fayette ~new construction The list below includes towns with cur- Gardiner conversions to multifamily dwellings ~qre~qbt or recently expired moratoriums, as Ke~qn~qn~qebu~qnk construction over designated aquifers recently expired well as those planning to vote o~qn a mora- Ken~qn~qObunkP~qOrt new construction torium proposal shortly. Many regional Manchester multifamily dwellings planners note that moratoriums are no New Gloucester recently expired longer the exclusive tool of towns in hard- Northfield new subdivisions pressed southern Maine or along the coast. Orland new subdivisions on town meeting warrant Inland ~qlak~qe~qf~qr~qo~qnt towns such as Rangeley Portland waterfront development (~qi~qto~qn~q-~qma~qr~qi~qn~qe~q-~qr~qe~qla~qt~qed uses) and Smithfield have recognized that a Rangeley multifamily units recently expired moratorium buys time until comprehensive Raymond new subdivisions expired Jan. 1, 1987 plans or zoning ordinances can be adopted. Smithfield recently expired So have bedroom towns along the Interstate South Berwick major transportation corridors 9~q5 corridor. "Me threshold that towns have South Portland waterfront development before considering growth an emergency Stonin~qgto~qn waterfront development on town meeting~q, varies," notes Ellery Keene o~qfth~qe Northern Swans Island new construction recently expired Kennebec Regional Planning Commission, Tremont waterfront development in Bass Harbor on town meeting warrant Judging by moratoriums, Keene adds, th~qe W~qaldoboro condominium subdivisions development boom has spread up the in- Windham residential subdivisions terstate 95 corridor about as far as Water. Winthrop multifamily dwellings in the ~qabore~ql~qand zone ville. "It still has a lot of corridor to go," he Yarmouth subdivisions recently expired Says. ~q1~q+~4q1~q,4~0q1~q,~qV~qf ~04qT~qI~00qA~00q6~q-~4q5~q- 7 55 ~0 management Plan for the Falmouth area or Deer yard for SAO acquire 2~8 acres for wildlife habitat. When these ideas failed ~to meet with approval, Woodlands said it would be willing ~so contribute ~$~1~q% ~q= toward a wildlife study ~i~l~8qM~qi~qi and land acquisition, or purchase 100 acres just north of the proposed development ~a~nd ~@~z ~ ~-~,~,~qf . work with the town of Falmouth to p~r~ot~i~ect ~40 Minus 33 ~:~1~@ acres of t~o~q" land. The Council, Maine Audubon Society, and the Departments of Wand Fisheries and ~0qv~s~qr~i~, Wildlife ~a~nd Environmental Protection each ~J~L ~8qu~6qSur~4qf~8qa~6qce took a different position on the mitigation plans. ~T~he Council argued that, played out to by EDWARD ~D MUR ~q1~0~4~qF ~F~)~( ~S~q" ~W~q@~i~e~r~qf~, PUY o~qr~qi ~i~t~s logical conclusion, the bo~a~m~rs approval of a land swap would reduce by o~ne-ha~l~l the To Paraphrase Mark T, ~qf~qi~0qm~r~,~q@ ~-~A~K wildlife habitat in the southern part of this in. the I~qn~qe ~h~a~0q=~' ~O~f ~Ea~-t~e Po~in~t'~l~l d..~,h or( state. ~S~imi~nat~ion of critical wildlife habitat, beenjrr-~i~@~,~4qT_ such as important deer wintering areas, can !'I. only mean reduction in the size of wildlife populations unless them is enough surround two to ~i~n~g habitat to makeup fort~h~e loss. Especially ~t in areas of ~q& state that are facing rapid development, such as F~i~a~l~mouth, the likelihood ~2qA~c~qt~qe~qA~f~t a of ~q5~0~qj~p that ~Lhe~m~i~Ub~tsuffi~ci n~t habitat to preserve wildlife populations iseb~ec~oming increasing~- ~qP~o~q(~qj~j~, ~t~qi~lD ~-~4qb ~L~)~6qV~qO~q? Council steps in ly doubtful. Although the Department of Wand to protect wildlife habitat Fisheries and Wildlife at ~fu~st opposed the pr~o~@ later recommended that the Board of ~- I Pen ~f~t ~ct ~* ~n ~r seriously consider in ~" ~t by Don~c~a~; Miller ~en~t. Them is no ~qmur~a~inc~e that this off- the offer to fund a wildlife study, even though M~a~i~n~es Board of ~F~x~M~i~onm~enta~l Protec- ~P~m~o~e~d ~E~F~&W itself ~w~as already conducting & similar tion, in what appears to be the first decision site plan is adequate. The board didn't e~v~e~m study in southern Maine. of its kind, has approved know if th~e deer population on the project site Maine Audubon Society, which opposed a a de~"~'~o~P~bed~ri~`~qvi~s~1~qi~qo~'n~qci~`~qn will be saved. ~~o~ to build a golf course and . The board's the study, supported the plan to buy IOD acres ~q.~5~,u `The board reviewed this project in a ~a~nd preserve the ~40 acr~i~e~s of to" land because ~~ important deer wintering "mum Them is no comprehensive plan for ruling mine. after the developer, the Wood- some habitat would be preserved, even if it lands Corporation. agreed to acquire and the ~a~r~ta*~, although the ~N&W study will be weren't the original deer yard. preserve 1~0~0 acres of nearby woodlands ~a~n~d completed this summer and should form t~h~e Staff at the Department of Environmental a ~qt~i ~qr is ~ql~qc~q@ ~2q4 ~qC~qe a ~qf basis for a comprehensive plan. What good Protection recommended that the board op~t 1~ Work with the ~t~OV~W~n Of ~qMM~OU~t~h t~o ~P~M~k~'~Ct will that 10D~-ac~m p~ar~o~t~? ~b~e-ev~en with m~e- 40 acres of town I d~ for the ~$1~5~C~,~0~0~0 proposal, on the grounds that ~8qp~qA~qJ~O~4qW~411~q0~2q9~q0 ridor~s t~o other ildlif~e ar~e~a~s~-if them an no ~- The Council strongly objected to granting other wildlife areas n~e~arby~7 ~V~%~*~ha~t if those it as better to study wildlife in the area, p~n~O- ~~~ application and has filed a petition for other areas am developed~' ~, It does no good to duc~e a ~%~ri~l~d~lif~e ~tr~u~inag~em~ent plan, and acquire T~CO~n~sid~e~ra~t~ion before the board. The Court- land ~a~nd conj~e~n~-~a~t~iork ~eas~e~rnent~s than ~t~o pur- Piz ci~ contends that the decision was wrong under saw a IOD~-acr~e i~sla~nd~:'s~h~e added. chase 100 acres of land as compensation for ~h~ requirements of the Site ~Uw ~a~nd ~m~ay ~s~et Background the loss of important deer wintering am". a damaging precedent with respect to protect- Last year the ~l~Vo~od~la~nd~s Corp~o~n tion sub- ~L~ntimat~el~y the board approved the project i~~~ wildlife habitat from development. m~i~t~ted a proposal to the Department of and the I~OD~@c~m mitigation plan, but added 'No o~n~e asked~! whether the developer could Environmental Protection to build a 9~5-lo~t several conditions Th~e DEP~-in consultation sale back the golf mum in order to preserve subdivision a~nd an 1~9-ho~lt golf course on 350 with Fish and Wildlife bio~lo~g~ists-mu~s~t deter- the deer yard~,~'sa~id Beth Na~gu~sky, the Co~u~n- acres of land in Falmouth. The tract includes mine that the 100-~acr~e parcel contains deer c~~~ land u~s~e attorney. -That should have been & 140~-~ac~re deer yard. which ~I~t~tland Fish and wintering habitat of comparable value ~t~o the the first ~o~b~jective-t~o protect th~e ~o~dsti~n~g Wildlife staff had identified a; important to, habitat which would be eliminated. T~h~A~t land resource., maintaining ~i~ndsting deer populations in t~h~e must be deeded to a non-~O~rofit entity or t~o ~the She added that the ~V~V~oo~d~i~s~t~id~spr~o~jec~t poses AM. town of Falmouth ~a~nd n CO. ~qC~qO o larger question about the future of Wildlife The developer then proposed a variety of habitat in accordance habitat in Maine~ 'The B~o~a~r~e~s d~i~ecis~ion allows mitigation plans t~o alleviate the impact of the plan. Wildlife travel ~OD~r the developer to buy ~i~t~s way out of ~d~e development. Firm. the company said it would t~a~i~n~eda~lo~n~g~r~i~v~o~o~fth~ep~i State will explain state growth impa requirements of the Ia. and sets a dangerous contribute ~S~qX~0~0~0 toward funding a wildlife YORK - Representatives of show, based on move than a year many of Maine's the Maine State Planning office of research. explores the im- resources, which, accord Will be in York Monday ~to present portance of Maine's landscape to study, are inadequately the results Of th~e ~51A~qW~S recently its People. ~c~har~lIC~(~l~e~t and The il~ql~qus~qi~qr completed cumulative growth prosperity. The report con- growl ~P~l= ~.~1 to Main im a ~i study. ~c~e~n~t~r~a~t~es on York County which rivers, estuaries, w~qet~qi~qs ~0qM will jointly sponsor a slide has grown twice as fast as the rest groundwater aquifers. presentation with the Residents of the state in'~the past 25 years. The second of the for Responsible Land Use. The Shows will focus More ~q5 presentation visually d~ocum The report discusses Im- on the values and fun the effect ~s of development wi~qc~qt~'~l~l~qn provements resulting from th~e~r York's natural resources southern Maine and the t~o~0qZ~I ~e~Fonom~ic boom as well as of simultaneous increased living . ~T~he presentation out York. The program will begin at 7 costs, including. since 1970~, a ~500 Important functions of t ~4qLm t~qa ~f~t~q@h~a~.~t the police station in York percent increase In ~th~e ave~ra~*e rivers. ponds, s~qi~qt wetlands and how the Jos~le ~Qu~int~re~ll. a growth ~0qM~f~Fh~a~se price of a borne in m n~agern~ent specialist with ~ih~t ~!~n~e~.~, more than twice the clean water, pro~qlecti ~2 ~t~iona average. flood and storm dam State's Community Assistance n~' ntribu~ie to York's to Program, will present a 20~-minute The state's slide presentation ~qf~j~oshin~g industries. the program titled Guiding' Growth: also describes the cumulative homes and the b~qeaut The ~h~i~f~o~l~n~e Challenge. The slide effect rapid growth i~s having on town. ~0 ~~qq~qm ~ ~0 ~o. a- ~2 life ~.~~K~~~g~s ~5~. ~d~* ~q"~W~, ~qL ~Z~$~r go ~2~,~? J~. ~.~5 ~4q@~,~6q&e~o~o~' ~qV~v~- so to ~qv~8qo~,~,~q@~I~2qx~qs ~q'~q@~qF~-~0qX~6q@~4qPO~6qV ~qs~4qe~qs Mae ~0~0 s ell ~0q&~qs~0qv ~-~,~qve ~2qW~2qt ~2q9 ~0qt~8qd~-~0qA~2qS~, ~0qW lop mom ~1~9 EAU ~q7~'~' ~R~Z~O lrb~ Prospect of development In picturesque Blue Hill his so shaken t~h~e town thatpeople have beg~tm to talk about zoning. a widely S~U~f~fp~bt~by~J~.~W~E~-~A~% ~0. resisted topic there f~o~r yam A Battling ~0qmrowth Blue Hill ~E~.~:~0 ~5~' In ~6q7~6q1~qS~2qI~qF 7 1 ~- ~T~h~e developer abandoned his plans ~2~.~- Proposed development spt~6qm debate after townspeople mobbed pi hearings, urging the board ~6qT~qT~C~9~2q= condos. ~o~n~c~e~o~a~r~e hills. Some residents saw the ~un~c~ide~nt T ~o p~r~o I de~v~qZ e~nt as a ~g ~qW~ ~w~~t~2q@ ~1~1 Mh~o~.~.~8q=~,~. m lue he need for c ~2, ~U~r ~'~, t~t~q@~2q%B~lue H~i ~Oe~p~n that -Ing ~2q=d~q:~qA~8q=~qPo~.~2q=f~y~qtthe matter. p e have begun to talk about zoning - ~S~U~, Blue Hill natives re ~isted. In late BLUE HILL- Blue Hill Mo tain~r~f~ses r~, a~OP~'c resisted widely in these puts I ~u~n ~, ey from the treetops and chu h ~a ~o~2q=e voted down a sit: plan review ~t~t =~~ n Street and the or teep~ie~s ~qL'~Years. ~f And lam fail. the town voted n~ot ~. ha~rb like an As the demand for real estate along to update its comprehensive plan, the first ~:~@~s ~0 backdrop on & community ~M an run Maine's coast moves Down Ea~st~@ areas ~ste~qp~q;~8q:~r~qs~2qt t~qK~4qf~t res ~4 ~~q%~e settlers arrived here In the 1600~%, once considered too remote or undesirable ~I~8qra~8qMew England ~-~9 t~~ mountain's gentle slopes have an being tapped for development. And feeling that no ~O~ne wants someone telling ~6q0 been Blue Hill Mountain has become a symbol do with their land." home to blueberries, strawberries, prim~. of the clash between Yankee values of re identoppo~sed roses and l~itt~q@1~4q4~4qt~- ~UTown to both the condo a~n~wdn mountain devel~. ~0 ~8qZ t~h tA~qT~8qZ~q@ ~. t~o that's t ~Id a~l=le figured Independence and the desire for control what see when I ~ol~u~ne~nt Plans~. "leg just ignorance and a t~e~qgt~@ e~qt~8qro over the d rection of growth. t~~8q:~p ~,~s~qtehI~,~1~1s~m~q, "People feel anybody should have a ~,~o~c ~.Walter lack of familiarity with it (zoning). ~b~1~4qn~i~qt ~qT ~8q=~1 Pl~a~nn~i g Commission says there ~i ~2q.t~qZ~n r ~i~qr land. Art Washburn of the Hancock C~q:u~n the lowest a~nk ~a n ~qp~qp~q, a resistance to zoning in many towns in with the ~ql~qate~qn~q- native of Blue Hill and owner of the Blue t~io~n of subdividing it into eight house lo ~q- ~qI~qD~qU Garage on Main Street~q. ~q-I~qbey wish despite the fact that it is ~2qZuh~4qrft ~68q=~68q=~68q=est growing county in z ~qS~q$~qr ~qP ~q,~0q@~2q=~q'~q.~qntg board recently den ~qE~qV ~qP~q,~q,~qc ~q, no one would build on the mountain It ~qa only a on, ~qman w~qnspe~qo~q. beentheto ~q'~qs-~qso~qrt Maine. matter o~qf~qy~qt~qit.Oe before ~q"A~ql~qi coastal towns have sho ~qid zoo- line of rooftops rising ~72q@~84q@~68q@d to an ~qIndi~2qa'I~8qn from t~qh~qe ~2q!~84qWo ~q1~8q@~52q@ce~qs but beyond that ~ql~qt~68q@ pretty Blue HUI is a small, rural town with one bum says. "Hancock County of the most picturesque harbors in Maine. It is only 10 minutes from booming, bus. has 40.000 people and a million acres of ~qtl~qing Ellsworth. But its location, halfway land- Development Is still pretty thin, but down Penobscot peninsula. has kept it Ira coming." ~qS~qU~qC~qU~qO~qM den fro all but a few thous~qma~qnd na. ves~q, ZonI~qng Issue resurfaces ~qd back~q-t~qo~q-the-lande~qm and well-heeled ~qr~qet~qireesforyeam ~52qJ ~q7~6qU zoning is~qsue~q.~qf~qtemed dead in Blue In the past few years though. the Hill until this spring, when Walter H~qyler, a lobster trap maker (torn Cushing, applied demand for summer and year-round ~qh~qou~qs~q. ~q. ~, ~qi I ~64q=~q0 I., ~q- to subdivide 12 acres o~qn the lowest slope of AV coast ~68qt~qn~68q=~q, Local Blue Hill Mounta~qm into eight lots. those have begun to notice Parcels of Land natives left The year before, townspeople bad untouched for decades. ~qZ ~52qC~2qT~68qt~qled a new summer house Two years ago, a local landowner tried by a Portland awn. to 11 some o~qfh~qls land on Peters Pointto a Michael Moser. Because Moser was not d~qe~6q"~qselop~qer with plans for a 3~q6~q-~qu~qnit condo. They were willing to have t~qh~qe subdividing the Lod, be needed no town minium =~qUke ~qBlu Hill Mountain, town place restrictions on visible. = spot near Some lots, says attorney Peter center. ~qP~q-~qY~q- ~qr~qd~q- 7 vat ISLANDS l 00t Stripping down and diving Islas for pennies is one solution. Islanders are agreeable people, perhaps because ment plans; in other instances, fishing is strictly a planner William Klein, adding that "we've had a they know tea meeting way to earn money. "There's no right answer to the love affair with ulation Klein Of islanders fair: issue ries management - Was social pointed to the no develop other ways to questions got asked and answered without much goal," Apolo "You will rind differing preserve open space, or at least protect land from riven with large and quonpiy different users.,, l Am1ps are still close and respondents tire poles apart. Without clearly articulated gaine's fish- the frontier ethic," he said. "We ruin every place we lds at difference, an ery will continue to deteriorate, Apollo go. It's like lture. If we're annual affair held at the Hurricane Island Outward "until twine marginal," Apollonio serious lng land] we have to face up Bound School. The problems hanging over Maine regards as an opportunity for i to thtion clause in the United States islands - development, real estate prices, trans- er positive finding by th Constitution. The police power pal can porheries. weak island economies - Legislature. can be expected to only do so muc' seemed bigger than ever at this year's conference. dih. Private initiatives can protect land, too, ac- But the emphasis was on p A questioner wanted to know i cording to Frank Stewart ofNortht Via pants o understand one another, if regarded pre as "benign," given conce no Corporation, a real estate developer band in r not agree. about pollution and conflicts with other kinds of Newton, Massachusetts. North specializes in The 1ber Island Institute, which fishing. "I'm aware of the horror stories," he Maine islands. He described a Nroject sponsors the conference, "celebrates the diversity replied. "But I'm not aware of any substantiated on Long Island, in Casco Bay, involving property 0oints of view about the Maine archipelago," adverse impact in Maine, as pre has been formerly owned by an o according to director Philip practiced to date." On Long bland, North to develop a "a diversity represented by this year's opening-day Aquacul me a much greater preparcel at the island's southeast end. It needed the I a 16 speakers included an trepreneur, a ence in Maine if Wallace Stevens gets his way. support of island residents to do so, Stewart said, Ir- p- longtime fisheries manager, a representative of a Stevens, president of Ocean Products of Portland and it deeded them land for beach access, built a Massa huestate oualizing in and Eastport, told conference participants his firm ballfito sell ring lots it prices. I battling for a hopes largest vertically integrated salmon owned to local residents at working waterfront, a land-bank expert, and a cue world by 19 The key to projects 1p)ng "a come to Maine's islands, he said, consultant rnd himself Island development, Stewart said, helping to develop atric power system. because they offer good locor a variety of willingness to sell tit a reasonable price. The group working on the power project looked arMaine already produces a seller that can look at t selling into wind generators as a supplement to the salmon, trout, mussels, clams, and oy I I I ere between that outright gift slid simply diesel-powered plant on Mn isolated l operations. In the future, he said, the getting tk is ted 65 southeast of Rockland. Their study pc to raise cod, halibut, about," he said. A developer, a seller, and a convinced them that windmills wouldn flatfish, and scallops. "The ie an community call work out a variety of arrangements however. Instead, said consultant Francis Bowles, obvious opportunity," Stevens said. Pl - covenants, conservation ept Illinois islanders bought new diesel generators and "did a between fishermen and 1pal developers to preserve portions of a parcel, life estates, public 1pe things" to make the system work more over seabed t that the purchase, conservation trusts, transfer of devel " efficiently. The success of the power plant project, Opportunity won't come without pain. opment rights - to achieve land preservation goals. Bowles d the importance Nantucket. the Massachusetts resort community Victoria Dyer, Vinpnr, identifying various groups with a stake i whose bive growth helped make its county the pr public official's perspective o project, and then involving them in decisions. frowinvided the development pressured. Vinalhyear- Cooperation between island natives Wand Conference with a model for preserving open round pf 1,200 (it's migrants was "utterly crucial." So was under- land. Nantucket's "land bank" began functioning mes, nted standing that different groups in t in nded with a special 2 percent 120-t also has a working waterfront, spoke "different languages estate transfers. As development on Nantucket has Carvers Harbor, whose character i Vessel Spencer Aplongtime state and f intensified (tas 340 real estate brokers development slid other forces. Islanders must work fisheries official, pointed to the "differing among its 6,000 year-idents), the tax ties for "v islands and working htid, vhe participants in Maine hL in week for the land adding that it had crossed her mind to organize Blaming the disappointing results of Maine's money to buy open land or purchase Vi1pnrip to the waist and dive fi-mfforts on bureaucrats' development rie land bank's five elected for summer t2p'arbor. S "failure to bite tplaid, it; "ioners have the power to borrow money in like the Island Institute to work o too easy." fie suggested looking at motives insteadpjion pevcted behanner that the Maine eople fish should dictate different e island so far. Mu1pses for t! management strategiespi The land bank exemplifies "the power of the Maine towns slid cities. (D consideration in some countries puosed to regulation, said Nantucket by Da We ~0 ~ I ~M Human Impact On Gulf Of~6q/M~q;a~0qi~qneTo Be Assessed At E ~8qR~q-~6qM~-~qr ~6qR~oj~qi~8q0~o~s- ~0qP~o ~1~4q1~-~0~2q7 ~7~k public ~1~1 ~q-~q"y invited to ~a~n~e~e~d a ~t~a~bo~o~l~s~o~r~y for Ocean S~o~r~n~o~e~s~, a private Researcher with the Coastal Marine Research ~~~0~ci~a~l ~CO~A~S~.~T~W~E~qU pond di~l~c~u~l~a~i~r~s~e am ~nonprofit laboratory, and the Maine ~a~nd Consulting Agency will give ~& summary of Human impact an t~he Gulf of Maine" to be Department of Marine Resources Laboratory. plastics pollution data a~nd the ~W~o~qW of the held Thur~-d~aY~, October 8 at the Cod.. Bosh ~Ib~. are ~I~q=~qW on M~cKow~n Point ~t~o growing ~a a animal population ~4~ad R~q- a~t Bigelow ~L~g~h~u~n~w~ry on ~L~k~K~m~. West Bo~o~t~hb~ay Harbor. c~om..~W ~e~f~0q= Point in B~o~u~Lh~b~sy Harbor. ~71~m panelists in order of presentation are: Rich L~a~n~gu~m (63~3~-~3572) ~a Marine ~ A ~h~a~e-~up of panelists. and the speak ~t~o~p~i~sc~a Moderator: Philip Conklinj~i (594-9~209), Resources Specialist with the Maine ~~~ey will be ~6q=d~i~i~m~i~l~l ~t~e~n-~m~mu~t~c talks Executive D~u~cc~lor with T~he Wand ~I~n~u~f~lu~t~e~, Department of M~a~n~c~e~: Resources Will ~W~i~t of is wow.Tin opp~o~s~t~u~n~i~ty ~o~f~t~er will Weak on the unique of the Gulf of the effects of fis~h~e~qm in the Gulf, bow ~c~h~w~w~- each Milt so ~a~s~k qu~e~s~t~io~n~a~. ~T~l~w panel is Maine~, a~n~d t~h~e history of bun~u~m ~9~9~4~1c~m~q- in technology are ~a~f~l~o~o~i- moderated by Ph~i~ii~i~i ~C~o~o~k~l~i~ng. ~e~z~ecuti~v~e Anne Jo~h~ns~t~i~s~t (781-2330), Mafia. ' I - a ~0 ~a~0f ~7~b~-~t ~I~s~l~a~n~dl in ~R~a~c~k~I~N~& p~i~c~ip~a~i~n ~C~i~m~m~, ~.~" ~-~ ~- ~- acade~0qm~2qY Purpose ~-~0 this paw is so con- to Maritime sc~~qM~& findings ~q_~q@~- ~- in ~2qn vessel donated Rese~2qa~qrd ~q13 D N ~4qT~q/~q6 /~6qT7 Fishing industry.. ~H~a~a~c~n~e~l~, Bureau ~n~o~- ~o~r~*t~o~s~k~l~l ~2~%. slot ~t~o~l~* 0 testily at Guy con~i~f so. of ~C~qM ~T~h~e Mai Wed- loss~. l~i~s~t~O PORTLAND I delegation ,nl I Science to a ~i~W~E ~~i~o~n~s, that the Na~ti~O~N ~u~r~p~lus ties ~s~i~t alit ~k~q4~qw n ~t~h~q-~6qZ ~-~W ~~q@~6q@~,~4q%~I~i~r~h would do~-~1~0 ~6 ~s~a~i~Lt~, state rain ~~o~u ~se~l~l~ob~ene~t~i~tthe~A~' ~%~a~i~l~l~i Cent US Set~, bellow at ~, re~se~,~,~rchv~e~!~V ~r~C~b in ~t~he Gulf Of %to ~G~2q3 ~.~1 Maine to ~i~qwd ~h~e~a~r~q@~V an ~t~i~a~n ~f~o~r ~B~gsea still I'll a in ~Ca~s~- ~1~1~6~21~1~11~, .. sit ~T~h~e the Maine~. Maritime Academy ~. ant ~L ~I~s~l~i~s~t~i~l~l~'~s all Portland ~, Sept. a in ~qa~qt ~I~ga~i~ne~, a S~!~n~a~t~i~ar ~q6~q;~q:_~"~C~0q"~q@~Ct~@~d by ~q"~i~q- Matra ~te the and ~o~p~"~, IF If ~a~t~s. ~ C~ay~u~se~qpn~t~,~,h~.~I~f~0~(A~'tG~0 r~ch~o~nd ~01 ~;60;52q-~4~1~, ~0qr~l ~.~,~I~n~e re~s as c~or,~5~0~r~qI~l~u~m~, formed In ,~s~o~c~i~a~l~l~o~n a, edu~e~8~t~' I ~In~s~t~i~tu~t~iO~ns ~1~9~g5~.M~2q=~4q=.~0~f~t~h~e~8 for Oc~c~a. Gulf ofM~4qa~4qine protection, research ~ ~,~, Laboratory I the ~0~1~g~e the Kline Department ~0 ~~~ S~c~h~o~n~ce~s~qi~t~qi~r~o~u~r~o~e~,~. Maine GeO11~1~q4~.~1- --- ~q!~qF~qW I~1y~B~OBC~UN~qM~qW~qA~q?~2q/~q?~4q/~q17=~.D~l)T and hydrocarbons f~1~m~m the He sold that PCB and hydrocarbon po~l~lu- as ~qind ~~) Marine MM~A ~ad~t~h~rU~n~iver~s~it~Y ~qW ~S~t~I~r~v~e~y~,a ~S~t~a~f~f~qW~f~l~i~t~a~r of o~i~l "that were well above ~Uo~n In the gulf "am not evidence of a ~W~p~qLc~a~l va~lu~qm~' he said. general pollution problen~s.~* Of ~M~s~i~ln~e~qi~r~o~lde~n~t Kenneth ~M~- Cur* Pollution indicators show that a "baud- ~i~t in response to questions from Rather, Mitchell said, the pollutants "To recently 8~5 sources. The Gulf 0~1 cra ~M~M~A M~1 ~c~ally clean" Gulf of Maine maybe ~be~c~om- Maine Sen. George ~J. Mitchell~, Demo~. "Mint to potential lo~n~i~qtt~erm risks which occur, was elected Maine, e~%- the forests god ~i~ts. ~w~o~n ~o~f ARGO be laid. ~' ~1.~a~a in I Ing endangered just as federal funds for chairman of the subcommittee, Us a~rr~8q=~4q:~n~U ~s~n~qo~qw~qt~qo chairman ~I~l~l~u~d~e to ~Ma~i~n~e~'~F ~i~r~m~qi had ~th~e ~1~1~1~1" ~1 ~@ to ~qb~- studying t~he situation are drying up. E~b~ler also ~o~Wd that the Reagan ~adm~i~ni~s~- ~6qVt~c~b~ell ~cit~q:~q2 sewage discharges pan ~P~,~,~,~qW~t It far its ~su~p~p~O~r ~se~a~m~b that it needs ~1~0q1~1~r~,~" ~q;~q;~qd and more ~V~1~i~!~Y~W The Senate's Subcommittee on trad~on consistently has reco~n~u~n~anded that have closed clam flats and the li~ke~l~l- leader ~r~e~"~t ~" ~-~-~g~a~t~i~o~n I ~F ~9~q'~A~qR~C~.~0 ~v~-~p~q-~.~1 ~n~v~i~r~on~mental Protection was told TV against further funding ~f~or studies of the hood that air pollution would tmp the Pro of ~qf~qt ~qi~qi~it~C~h~e~l~l~, t~h~e d~"~a~l b~ARGO theC~& ~I ~as~, ~.~,~S~e~n~. ~(G~eor~g~O ~a~i~,~,t~i~o~l~l~i~g~i~le- ~Th~r~!~w~g~c~o~n~ce~n~q@~,te cc day that t~h~e gulf has suffered rain mill ~e~2qV In sho bod~le~so~fwater. beat of the sun In ~a "greenhouse effect* Maine ~M~a~.~u~I~rde~le~g~ilt~i~O~nan~d I ~.together ~M~a~je ~p~a~rt~a~n~ia~m~e~. ~It~w ecological damage compared to Che~s~a- ~2q=~1~1 lid a ~w~beduled the ~h that would raise sea levels "and Inundate t~io~qn ~i~n _~. ~. ~mar~ir~g peake Bay. New York and Boston harbors to gather Information on "e~nv~I=~0~_~.~h~t~q2 valuable wetla~n~d~j~L~* some credit [Of ~w~a~r~l~u ,,,,live this ~%~i~t~' serve ~rt~n~qt benefit ~t~o Maine and other offshore waters In mom popu~- trends In the Gulf of Maine and the no Gulf of Maine Is a large corner of ~o~qfthe closely O~i~l this IMF ~.~, Curtis said. ~wour~ce~s~.~" ~n~e, l~ous areas. potential need for greater scientific the Atlantic Ocean formed by the Nova ~qShr the state~- ~id that G~o~v~. Job" ..This is exciting But "Cum Bay had t~h~e highest con. research and monitoring of the gulf." Scotia peninsula, Cape Cod and the ~In~qga~qm ~,~i~s also ~q:~, ~qf~qt Legislature ~8q"~i~t d ~on ~a~i~d~. "The ~R~JV ~C~o~y"~5~4 c~entratlo~n nationally of lead in fish liver He said he was concerned be~c~a~u~ge underwater ridges that form George* t~h~qie~qsho ~m e~x~q"1~1~1~1~1~0~0, Of basic ~m~a ~Us~s~rue,~" said Charles N. Elder~, director of Bigelow Laboratory ~f~o~r Bank. ~q"W ~M~c~Ke~r~n~a~n ~O~wnt~a~l in the ~9~-~qu~is~'~U been ~i~nstru~m h vessel in ~the Gulf o~f ~m~a~k~n~e~. the fed ral Office of Oceanography and ~2q=~q:~2q= at ~H~oo~t~h~i~s~i~ty Harbor had Overall. Mitchell said, -the Gulf of of ~qf~qt ~r~e~s~e~a~r~e ~.~, ~q@~,~,~r~r~p~,~,~ntel hat Pro ~e v~e ea~n. flagship f~o~r w Marine As~w~s~sment. ~Inted to evidence that the area was ~L~qW~n~e Is AM ~c~i ..~. ~rhe state ~n~o~ney toward the exciting. visible of And other ~st~.d~ie. showed level. ~o~f the ~8q= d~am~a~e~d by airborne ~polluta~nt~i~o. But be cited% a pollution found the. ~q0~0 ~O~W in seed I I e~arch ~G operating budget 0 the ~te~a science program I ~" be said. decade. ~.~. hen said- ~"~I water tem lure or, worse, pollution?" Fared by a lack of funds. "It is far fou~ndl~qy~quthe said. be generated U.S. Sen. ~1~1~- Former ~G~q@ William CIO, v ve~ss~"' a~l~tu~ndsw~i~l~l ~ed that ~h~e ~c~o~o~V~w~r ~. Kenneth M. Curtis, presi- more prudent to expend lesser financial ~P~o ~ed air drifts over the gulf Ad~di~t~"~1~0 watch ~i~n~s~l~i~t~i~a~l~l~-~I~n~s ~a~m very P~l~m~u~` ~-~o~u~s ~l~i~t~a~t~e ~j~i~g~e~t~u~!~W5 dent of Maine Maritime Academy, wor- resources n~ow to preserve this coastal the continental United States and by ~m~e~m~1~w~r ~r ~d a daily fee- five effort ~o~f v~ar~t ~,~.~~a~t~ions hits ried that "the picturesque and winding resource t~h~i~m (to follow) the sad course of ad~a. It contains inorganic compounds ~w~t~,~w~il~l be c~W~1~1~9 C yu~se would -vote o~r~g~e ~, ~ter~S ~i~d that the a re- a ~8qu~d~r~stbe C~a~y~u~se ~1~0 Maine w~a coastline that for centuries has yielded a expending far greater sums after It is too hyd~rocarb~on~s.The~ir ecological effect it Curtis so ~p for marine b ~o~i~d~,~d~e~ot~t~h~ot ~th~e ARGO ~M~a~l~M bountiful fishery and helped fashion a late," Curtis said. largely unstudied, but the warnings be ~qi ~s~i~gn~ifi~c~l~i~nt Ste March the Gulf ~.~1 Maine. I ~a~m~c ~q"~t~o~"~I~"en red. Agreeing was Jeff ~Kaelin of the Maine clear." Brennan said. in ~W~a~qy~8q4e facdeat~qh~qe~qi~qrea~l~ity that the ulf ~h~a~s two great ~q6~a~t~u~r~a~l ~M~u~s~q! I ~G Sardine Council. "Money has to be found "Inorganic nitrogen precipitated ~Ine of Maine Is just as vulnerable as to protect our fishery resources and to surface waters in summer fertilizes America's other coastal environments encourage the participation of the fishing h of plankton Implicated as a c that today face enormous cleanup Industry." he said. ~q;~q:~d tides and paralytic shell efforts." Marine Resources Commissioner Wil. ~F`~o~J~5~2qVg~-~q;~ohnson. a former B~qI Despite the research of recent years, liam J. Brennan reminded the subcom. A ~a Curtis said, the state lacks an "under- mittee that Maine fishermen harvested Laboratory researcher who now =Ing ~@~f the processes affecting the 166 million pounds of fish worth $10~8 marine activities of the Maine Audi ~of~ma~me ecosystem." million last year, but that scientists Society, said such evidence "should A step In the right direction, Curtis "have only superficial knowledge" of the as an early warning system to the fed said. was the joining together three years resources and habitat needed to preserve government, the state, fishermen of the Maine Maritime, University of that harve~s~L scientists that now Is the time to add ne, Maine Geological Survey. Depart- Brennan worried that 75 percent of the the problems." ment of Marine Resources and Bigelow United States' population will live within "It to our responsibility to sa~qfeg Laboratory into an "Association for 150 miles ofa coast by the year 2000. the ecological Integrity of the G~qo Research in the Gulf of Maine" or ARGO -~17he interaction of these human and Maine," she said. Maine. natural elements has the potential to Charles S. Yen~t~i~ic~k ~e~x~ecu~l~lve dirt But he said the effort was ham- affect the Gul~f~l~of Maine ecosystem pro. of the Bigelow Lab, ~arged a new focus 17. STATE PUMING OFFICE ORGMIZATION CHART SPO Director, Clexk Steno 1118 Svecial Assistantm licy Div. Natural Resource-Policy Div. ggggg=t Information Div. State Economist' Director5 Director6 Senior Economist? Coastal Program Critical Areas Program Business Manager 196 Senior PlannerO Program Director" Program DirectorRR Acc't. Clerk 1169 Senior PlannerO Senior Planner (OCS/Consistency/ Research Assistant83 Clerk Typist 11130 Senior Planner" Special Projects)" Temp. ClerkR4 0 Senior Planner" Planner II (Admin./Spec. Proja.)16 Systems Analyst" Planner II (Heritage Coastal Prog.)" Wetlands Project Clerk/Stenoll Planner 11 (Access Initiative)" SCORP/DOC Project Pos.05 Planner II (Coastal Communications)" Clerk/Steno 11100 Groundwater Program Clerk/Steno III" State Groundwater Coord.26 Hydropower Program State Hydropower Coord.27 Economic Policy Staff Coastal Program Staff Other Nat. Res. Staff 'Richard H. Silkman 7Steve Adams 14David Keeley "Hank Tyler gDenise Lord &Galen Rose 15Katrina VanDusen "Trish DeHond 'Nancy Valley *Richard Sherwood OR. G. Blakeeley "Betty Cummings 4Charlea Colgan '*Harold Payson 17Richard Kelly "(Vacant) 51ames Bernard &,Joyce Benson IOMark Dawson OGPaul Dutram 6Linda Harvell ItBob Mayer AOFlis Scha.uffler O'Betay Elder A2Bsrbara Macomber ROAline LaChance "John Ault *'Lorraine Lessard O'Sally Gagnon 34Ethelyn Christenson 12/87 EXHIBIT D-1 -2- L:i626 L 601 - 8... Ive, to Establish a New Commission on M .,.IP TO: Coastal Staff and Others F. ture FROM: David Keeley This Resolve establiabes a 40-member Commission on Maine's Future. including the Director of the SPO, and with the DATE: August 11, 1987 remaining members balanced according to population and geographic criteria, to be staffed by the SPO. A progress RE: Results of the 1987 Legislative Session report is to be submitted to the Governor and the Joint Standing Committee an State and Local Government by April 1, 1988; the final report and impleaenting legislation are due January 1. 1989. The Commission is to prepare a proposed growth and development policy for the State and step-by-step recommendations for implementing it, backed by analyses and The legislature accomplished a variety of items during the projections of demographic factors, tatural'resourcts. etc. first session of the 113th. Bob has pulled together a summary of The Commission In authorized 'to accept and employ any the bills that affect the coast. The more significant of which funding available.' include: LD 836 (PL 491) - AN ACT to Provide Comprehensive Protection LD 138 (PL 94) - AN g municipal Home Rule for Ground Water Authority as it Relat:T. CtoaSrhi:Yr!n1&nd Areas This law% (1) Provides redress for those whose water Amends 38 MRSA 435 to clarify that municipalities have the supplies are contaminated by municpal highway activities authority under home rule to regulate structures built on. :uch,:o road salting. which in similar to that already over or abutting a dock, wharf, pier or other structure vai ble in the case of damage from State highway el tending beyond the normal high water mark in their activities; (2) Revis;o the common law doctrine allowing any Shoreland Zoning Ordinances. even though ouch ordinances landowners unlimited withdraw .: I of fround water by providing normally apply only landward of the high water mark. preexisting residential land ners and those providing Li water for residential landowners) with redress against now LD 167 (PL 274) - AN ACT to Expedite the Processing of ground water users who dry up preexisting domestic wells Environmental Permits with withdraws in excess of needs for household purposes; (3) Tightens the regulation of undeground oil storage tanks 38 RRSA 344 expedites the processing of environmental Iowa and provides for cleanup of discharges to ground water and by delegating authority to act on specified categories of payment of damages; (4) Establishes fees for hazardous waste applications to the Commissioner and staff. LD 167 expands generators, transporters and operators of treatment and that authority (i) under the Site Location of Development disposal facilities. (5) Authorizes a special study of Law to include structures at an existing industrial or environmental and public health threats from above-ground commercial facility which do not increase the square footage storage of petroleum products and other hazardous materials. of the total ground area of the facility by more than 50%. and "llocates $51.000 for 1987-88 and again for 1988-89 from and (2) under the Protection & Improvement of Air Law to the Coastal & Inland Surface Oil Clean-Up Fund; (6) include incinerators or boilers with capacities up to Authorizes the DEP to submit a program to the Legislature by 250,000,000 BTU's per hour (formerly 150,000,000) or which January 1, 1989 to assist persons who generate up to 1.000 do not result in a net increase in scissions at any kilograms of hazardous waste in a month to minimize such industrial or commercial facility. generation and develop economical methods for collecting, transporting and disposing of it. and allocates $51.000 for LD 531 (P8S Law 54) - AN ACT to Authorize a General Fund 1987-88 and again for 1988-89 from the Hazardous Waste Fund Bond Issue in the Amount of $B.300,000 for Sewage Treatment for the purpose; and (7) Authorizes carry-over of funds from Plant Facilities 1985-86 to the DEP Water Bureau for a technical assistance program to municpalities for assessing development impacts This law puts the following question to the voters in an local ground water resources. November: "Shall a bond issue be authorized in the amount of $8.300,000 for construction of sewage treatment facilities in communities throughout the State?* -3- -4- LD 102 Issue PaS 73) AN ACT to Authorize a General Fund Bond in(the Amount of S35sO00,000 to Finance the LD 130-7 (P&S ACT Establishing the Maine commission Acquisition of Land for Conservation, Outdoor Recreation and on Outdoor R.:8r!.;,:: V.ildlife This law establishes a commission to examine the present This law outdoor recreation needs of the public and to determine puts the following question before the voters in whether current public policies properly address that need. November: "Shall a bond issue for the purchase of public A preliminary report is required by December 15. 1987, and a land access for Maine's people in the amount of $35,000.000, final report with Implementing legislation by January 15, to be issued over a period of 4 years be approved?" Acquisitions are to be sites with outstanding recreational, 1988. The 21 members are variously appointed by the Speaker scenic, natural or wildlife values. Proceeds of the bond of the House, President of the Senate and the Governor. The issue go to the Land for Maine's Future Fund, established by commissioner@ of Conservation and IF&W are ex officio LD 1341 (PL 506). for allocation to State agencies and members. cooperating entities (private nonprofit organizations, municipal conservation commissions. local governments. LD 1341 (PL 506) - AN ACT to Establish the Land for Maine's federal agencies or other bodies designated by the Land for Yuture Fund Naine*s Ptutue Board). (Proceeds are to be allocated by the Director of the SPO pending creation of the Boa rd This law establishes a dedicated fund t-o be managed by a 9-member board. including 4 private citizens, the LD 11 17 (PL 531 AN ACT to Provide Funds to Map Commissioners of Conservation, IFaW, Transportation, an Significant Aquifers Agriculture, and the Director of the SPO. The board Is authorized to distribute funds to state agencies and Section I of this law prohibits transportation of water in cooperating entities (private nonprofit organizations, significant quantities beyond the boundaries of the municipal conservation commissions, local governments. municipality in which it is located or any bordering federal agencies or other bodies designated by the Land for municipalities, except by a water utility or on a finding by Maine's Future Board) for acquisition of lands of state the Commissioner of Human Services that such transport will significance from the standpoint of recreation and/or not constitute a threat to public health, safety or welfare, natural values. The board is directed to complete an and that failure to authorize transport would create a assessment of the State's public land acquisition needs. and a strategy and guidelines for allocating fund proceeds, and substantial hardship to the potential recapient. ta report to the Legislature's joint standing committee by Section 2 appropriates $30.000 for 1987-88 to the Maine September 1988. The SPO and other a te(agencies are to Geological Survey to finish its sand and gravel aquifer provide staff suppport and assiotanc!a See LD 1027 re a aapping program, focu aing in the Bangor. Millinockot, General Fund Bond Issue for the Fund.) Lincoln and Houlton area.. (The original bill would have 390,000 for 1987-88 and $30,000 for 1988-89.) LD 1156 (P8S-70) - AN ACT to Authorize a General Fund Bond provided Issue I. the Amount of $8,000.000 to Protect Ground Water LD 1268 (PL 180) - AN ACT to Clarify and Amend the Treatment d Public Health Through the Cleanup and Closure of of Overboard Effluent -Discharges into the Voters of the P.In and Abandoned Solid Waste Landfills State To put the following question before the voters In November: This law prohibits new overboard discharges (discharges of "Do you favor a $8.000.000 bond Issue for cleaning up and domestic pollutants not conveyed to and treated in municipal closing sold waste landfills that poes a hazard to public or quasi-municipal sewage treatment facilities) into inland health and to ground water quality?" Funds are to be and coastal surface waters of the State, in recognition of expanded by the DEP for site evaluation and planning and the harm they cause to shellfishing, equaculture and contact municipal implementation grants. recreation uses. The law also shortens the term of existing licensee and establishes stricter standards for their reissuance. -5- -6- LD 1456 (P&S 67) - AN ACT to Appropriate Funds for the The law extends the authority of harbor masters to assign Critical Areas Program mooring priviledges to coastal and tidal waters outside the h:rbor but within the jurisdiction of the municipality. it Mandates a study by the Critical Areas Advisory Board to I sits frontage mooring rights to one mooring per 100 feet evaluate whether current staffing and funding levels are of shoreline and per parcel. defined an the larger of the adequate to accomplish the program's mandate. minimal buidable lot size in the municipality or 20,000 square feet. It requires municipalities to assign 10% of LD I P1, ACT to Protect the State's Freshwater its mooring spaces to nonresidents with boats used for Gr.!Z6po!d. '8;)R;v:' a. r. noncommercial purposes. and 10% to nonresidents with commercial boats. It also deals with mooring and other Requires that a person selling property with a subsurface fees. abandonment of watercraft, liability of harbormaaters, disposal system in the ehoreland zone certify to th and other matters. purchaser that the system is working and is consist:nt with the Maine State Plumbing Code. is actually hooked up to a LI, 114 to Create the Department of C.!.:.A iZYACT public sewer or that there is room on the property for a EMN07.11P.Ld Development, to Establish Consistency replacement system sufficient to handle the existing waste among Economic Development Laws and to Establish a Capital load. Budgeting and Plamning-Process LD 1764 (PL ::I! ;.ANSAC to Enhance Local Control of This law reorganizes state agencies into a new department Community Gr d tr: n9then Maine a Land Use La;a to: encourage economic and community development policies and programs. to coordinate these programs and policies This law el.Iminat:e acmeans by which subdividers of within the context of a state economic development strategy, weter f'o.t 1.nd b ve I reumvented subdivision review nd to work with municipalities and regional planning and lots of :co0omIc development organizations to buid strong local and Ln requirements for small Iota by creating long narrow 40 acres or more in size. The definition of 'subdivision' regional economies and to Implement programs and services in the Subdivision Law and in the LURC Law is amended to through these local and regional organizations. include creation of waterfront Iota with a depth to shore frontage ratio greater than 5:1- The now department in to contain the following: This law also creates a 9-member Maine Commission of Land (1) Office of Business Development Conservation and Economic Development, drawn from the Legislature's joint Standing Committees on Energy and (2) Office of Community Development Natural Resources and Taxation. The Commission is charged with reviewing recent growth management studies; studying (3) Office of Tourism the relationship between quality of life in Maine. economic development. rapid growth in land use pressures, the (4) Division of Development Policy well-being of the environment; holding bearings In all regions of the State; and reporting to the Legislature by Community development programs under the Office of Community February 15, 19B8. Staff assistance is to be provided by Development include the Community Development Block Grant the SPO, SDO and DEP. upon request. Program, a local grants program of coastal zone management, a regional planning grants program. technical assistance and LD 1794 (PL 412) - AN ACT Dealing with the Authority of r:sources for municipalities for local parka and recreation Harbor Masters dvelopment, and technical assistance to municipalities and regional community and economic development organizations This law is the outgrowth of a study by the Bureau of Public for the purpose of developing local plans and regulations in Lands and the work of the Joint Committee on State and Local compliance with state mandates for land use planning and Government. LD 316 which continues the authority of development and encouraging economic growth while municipalities to regulate their harbors. (which had been maintaining the quality of life. called into question by a 1986 Superior Court ruling) expired April 1, 1988. This new law takes effect on that game date. giving municipalities time to prepare for the changes it makes. (f) Lake Environmental Protection Fund - Establishes a DEP -7- fund to assist municipalities with legal expenses connnected with regulation of land use adjacent to great ponds. The State is to provide on a first-come ?be law also mandates that the Commissioner of Finance, the first-serve basis reimbursement for court costs, Commissioner of Economic and Community Development and the attorneys fees and expert and other witness fees, up to Director of the SPO report to the Legislature by February 1, $25,000 for one municipality in one year. The 1988 on the need for and the most effective method of municipality must pay a 25 % local share of the cost. implementing a formal capital budgeting and planning process. with accompanying legislation; also on the (g) commission to Study the Impact of Came and Nongame rl@t c t Species on HaTn'es Economy - cost-effective method of implementing a program to cc is This is an 11 member and analyze social and economic data related to poverty in commission of legislators. with staffing by the the state, with accompanying legislation. Legislative Council, charged with reporting to the Legislature by Februray 15. 1988- IY&X and DXR are - AN ACT to Amend the Aquaculture Leasing study the economic contribution of marine and LD 1840 (PL 453) authorized to enter into contractual agreements to Statutes freshwater recreation fishing an wildlife hunting to the Maine economy, including analysis of the economic. This law updates the laws for leasing submerged lands for recreational and ecological potential of the State*a aquaculturs. It reduces the total acres a person or marine and wildlife resources. They are directed to corporation may lease to 150 acres from 200 acres and sets a use 25 % state General Fund support to obtain 75 % maximum of 100 acres for a single lease. Leasing continues federal cost sharing. to report at least mentbly to the to be administered by the Department of Marine Resources, Commission, and to submit a final report by December 1. but require certification from the DEP that water quality 1987. standards will not be violated (see also LD 1751). The law requires that the municipality in which the proposed lease Bob ban done a thorough job and has information on other in located be provided with a copy of the applicant's related bills should you be interestedo completed application ad notice of hearing. and granted intervenor status an written request. dk/at&t/18b/3 LD 1867 (PL 349) - AN ACT to Make Supplemental Appropriations (a) Job opportunity zones - Allocates S 250,000 for '87-88 and 3 350,000 for '88-89 to create these tones, in addition to a S 2 K per year general allocation to SDO. (b) State Hydropower 9 Coordinator, SPO idea for I po:TN::!84 27,206 for '87-88 and $29,651 for '88-89) plus $32,575 and 332,750 for the two years for all other costs. (cI Regional. Council. Provide. $100,000 for each year for 87_88 and q B-89 A 25 % match is required. (d) Commission on Maine's Future - Provides $25.530 to the SPO in '87-88 and $27t730 in '88-89 for a Planner II to serve the Commission. plus $1,000 per year for other costs. (see LD 626) (a) Statewide Surveys of Significant Natural Areas idea 323.887 to the SPO in '87-88 and S25.080 in '88-89 for one position, and $26,113 and $24.920 for contractual work for surveys of significant geological, botanical. zoological and scenic areas worthy of preservation. M M M =@ M, = I ism mm Memo HELEN T GINDER, DIRECTOR HAVEN WHITESIDE, Dip DIRECTOR GILBERT W BREWER DAVID C ELLIOTT GRO FLATEBO MARTHA E. FREEMAN. Spi. Arm it JERI B. GAUTSCHI CARO CHRISTOS GIANOPOULDS STATE OF MAINE ROB HARTLEY PA WILLIAM T. GLIDDEN. JK OFFICE OF POLICY AND LEGAL ANALYSIS KATHRY Room 101/107 STATE HOUSE STATION 13 AUGUSTA. MAINE 04333 TEL.: (207) 289-1670 November 19.19 TO: Members. Commission on Land Conservation & Econom Development FROM: Tim Glidden. Legislative Analyst SUBJECT: Summary of Proposals A total of nineteen proposals have been submitted to t Commission for consideration at the Tuesday.. November 24th meeting. While these proposals range from a single page t over 40 pages. each represents a thoughtful contribution t Commission's efforts. The quality of effort represented w is high. The purpose of this memo is to provide an overvi and summary of the proposals in order to facilitate your t of digesting and discussing all this information. The following groups and individuals have submitted proposals and are referred to herein by the indicated abbreviations. Arti Autio. Friendship (AA) Paul Birdsall. Blue Hill (PB) Crispin Connery Selectman Woolwich (CC) Damariscotta Lake Association (DLA) Ann Doyle. Quincy 14A (AD) Freeport Conservation Trust (FCT) Freeport Land Bank Commission (FLBC) John Nelson. Councilor Freeport (JN) Stephen Honey. Public Policy & Management Program USM (SH) Peter Lowell. Lakes Environmental Association (LEA) Maine Association of Planners (MAP) Maine Association of Regional Commissions (MARC) Maine Audubon Society (HAS) Maine Municipal Association (MKA) Maine Real Estate Developers Association (HREDA) Natural Resources council of Maine (NRCM) O.R. Sigurdsson. Canton (ORS) Southern Maine Regional Planning Commission (SKRPC) State Planning Office (w- Dept. of Economic and Community Development and Dept. of Environmental Protection) (SPO) Six of the proposals are quite comprehensive touching on plans and implemo ntation programs in accordance with new state virtually every aspect of the growth management issues before standards following a schedule that deals with the high-growth the Commission (MAS. MKA. KREDA. NRCM. SKRPC. SPO). The areas of the state first. remainder of the proposals contain important. but more limited proposals addressing specific issues of immediate concern to A second group (SMRPC. SPO) would encourage the adoption of those parties. I have organized this memo into general themes comprehensive plans through the offer of financial incentives that encompass those Issues which appear to be central to the and through a linkage between the exercise of certain local Commission's task and the commentators' concerns. The regulatory authorities (such as impact fees and building permit summaries of this issues are not intended to be exhaustive and limits) and the adoption of an acceptable comprehensive plan. do not contain reference to specific recommendations included SPO would also provide financial incentives to encourage the in the 185 pages of testimony. It is well worth your while to adoption of comprehensive plans. Several other proposals review each proposal. recommended that local assistance elements be tied to the existance of an acceptable comprehensive plan (SH and others). The need for Planning. The most important theme throughout all proposals is the almost desperate need for planning at the A third position (MMA) supports all of the same assistance state and local level. Virtually every commentator points out and enhanced authority recommendations embraced by the first that while some towns have made great strides in planning their two groups. However. MMA avoids the recommend@ation that towns futures. the majority of towns and state government continue to be required to adopt comprehensive plans on any kind of operate in a reactive. case-by-case mode. Most commenators schedule or that any new regulatory authority be tied to the agree that this status quo threatens to condemn the state to an existance of a comprehensive plan meeting state standards. accelerating decline of its quality of life. diminished opportunities for its citizens. and disruption of the integrity Critical state resources. A third theme common to most of its natural resources. Commentators make the case again and proposals is the need to retain a strong state role in the again that towns and the state will find it impossible to guide protection of specific. critical natural resources. While the course of acceptable growth and economic development several proposals envision mechanisms for municipalities to 0) without the foresight that is gained as part of the assume regulatory control over development affecting these 00 comprehensive planning process. resources. every recommendation supports strong state oversight if not direct control of this type of regulation. Because most of you have some familiarity with what local planning means in your own districts. it is important to point Enforcement, Virtually every commentator recommends a out that the planning advocated by the attached proposals is strengthening of enforcement of both state and local much more thorough and explicit than that commonly practiced in environmental and land use laws. most Maine towns. Most commentators advocate the inclusion of specific. local capital investment plans to allow the Need for overhaul of gxisting statutes. Many commentators evaluation of the financial impacts of development on local have recommended a variety of changes to the existing land use infrastructure. Most proposals also recommend explicit linkage and environmental laws in addition to those recommended to between the comprehensive plan and the method of promote comprehensive planning. Most of these proposed implementation. in most cases. the zoning ordinance. amendments are cast as *fine-tuning" although some are quite comprehensive. These include changes in the various exemptions Local control. A second important theme is that of local from local and state regulatory review, updates of the control. Every comprehensive proposal stresses the central comprehensive planning. zoning and subdivision statutes, importance of local control over the "front-line" planning and revision of the shoreland zoning law. and integration of the regulation of development. All of the major proposals. in one various natural resource laws (Great Pond. Wetland. Sand Dune. way or another. are constructed to support this function of Stream Alteration. etc.). local government. Substantial financial and technical assistance. enforcement training. expanded local authority are These themes run throughout the proposals attached to this just some of the suggested avenues for a strengthened local memo. There is a remarkable and encouraging degree of role in growth management. agreement on the key issues. Nonetheless. different groups have recommended a wide variety of different. specific ways of At the same time, there is a fundamental difference among accomplishing these shared objectives. Therefore. it is very these proposals in the manner this goal is to be accomplished. important to read each of the proposals in order to understand One group (MAS. KREDA. NRCM) supports a comprehensive local all of the options. Several of the longer proposals (MREDA & planning system that is measured against state standards and NRCM) have included their qwn summaries which I encourage you that is subject to state review and approval. This group to read if you are unable to get through all of their material. suggests that municipalities adopt or update comprehensive 2737 M M mom M@I@ EXHIBIT D-3 Department of Environmental Protection 4""I'SHORELAND ZONING N @M"X- 24>>- VNXI-WX 24 September/October 1987 Setbacks Protect Shoreline Shorelines are known as the most productive Since roads meet the definition for structure. component in any landsca Pe' Si7c:r t heyks uppDrt they m us t conform to the S am e set bac k re qui renefft directly or indirectly more di ff ent Inds of unless the main purpose of the road is to provide plants and animals than an3where else. A setback, water access. However. the standard for road which is the distance between a structure or land construction In the State's model ordinance does use and the defined edge of a water body, protects not specify any type of setback. Nor does it thiashoreli ne . provide specific guidelines for water access roads. Staff in the Shoreland Zoning unit will be The State's minimun setback for most areas in updating the road construction standards in the re sidential districts is 75 feet, except those model ordinance by the end of this year. areasI ong certal n outstandi ng ri ver segments . where the setback is 125 feet. Rivers with Commercial districts in the shoreland zone do not outstanding river segments include Aroostook River have a setback requirement. The rational here is and its tributary Big Machias River, Dennys River, that these areas are so intensely developed that a E .,:st Machais River, Fish River, Machais River. setback is not warranted. On the other hand, ,ttawapkeag Piver. including the tributaries, since the resource protection district prohibits West Branch, East Branch, Fish Stream, and most developnent, the setback is essentially 250 Baskehegan Stream, Harraguagus River, East Branch feet which is usually the extent of the shoreland of Penobscot River. Pleasant River, Rapid River, zone . West Branch of Pleasant River and West Branch of Union River. A town can adopt setbacks for their shoreland districts that are stricter than the State. The setback in residential districts of the Towns are encouraged to do so especially if they shoreland zone is at least 75 feet. However, the can document that more restrictive setbacks are Maine Department of Inland Fish and Wildlife has necessary to effectively protect important town completed a scientific study that provides support resources. If the town attempts to adopt a less for a 100-foot setback requirement. Some towns restrictive setback requirement, then the state have adopted this more restrictive setback. would be obligated to rLimpDse the State's minimum setback on that town. Whatever the setback. the same figure applies to both principal and accessory structures. Inforcement of the setback requirement is the Principal and accessory structures include houses, responsibility of the local code enforcement satellite dishes, tent platforins. gazebos, officer. If someone violates the setback boathouses and anything else built for the support requirenent. the Code Enforcement Officer should shelter or enclosure of persons, animals, goods or send that person a violation notice. which property of any kind, except fences and structures requires the violator to tear down the structure which require direct access to the water as an or move it back, and may require paynent of a fine operational necessity, such as piers. docks , and to recover irrepaira@le damages. The Code retaining walls (which may still need a state Enforcement Officer should also require the permit@. violator to apply for a permit after the fact. Continued on back page Where Have All the Minutes Gone? by Richard P. Baker, Shoreland Zoning Coordinator Does your town's planning board, board of appeals the code enforcement officer. If Written records or code enforcement officer regard paper@work as are not ke pt . it may be di ffi cul t to offset a A- ft tft UA` 4 an evil that should be avoided? Do they grant legal challenge to a permitting or enforcement ;emits or variances verbally? If so, problems decision. may arise when a challenge is made to a local permit decision or when it becomes necessary to The first Step in establishing a good record is to enforce against a violator of the local develop adequate application forms. All persons ordinance. I can not stress eno6gh the need to who propose to conduct activities requiring a keep detailed , accurate and up to date records of permit should be required to submit a completed permitting activities, whether such activity a ppl I cat I on form . roms submitted without at I I nvol ves the pl a n ni ng boa rd , boa rd o f a ppeal s .or I Continued an back page This ordinance may be amended by to the fol I owing: Dear Reader: Changes to Model Ordinance majority vote of the legislative body. The Department of En ronmental Irotection shall be Areas having unstable soil Since Its Adoption t1fied by the municipal clerk movement. or severe erosion, when I recently had the privilege to meet an no subject to slurping, mass exceptionally good community leader in Thorndike - of amendments to this ordinance these areas are two acres or more someo@e that sets out to do something and then Since its adoption in 1974, the State 'llodel within 30 days after the in size.' gets 1 tdone . W h enI told this woman that I Shoreland Zoning Ordinance was revised in 1979 and effective date of such wo rked in shoreland zoning, she told me about a 1987. These revisions affected almost immediately amendments. Expla bo g that she bought for $10.000. *You bought a those towns on the state-imposed list, which nation: This change eliminates the requi rement that steep slopes in bog for $10,000?" 1 asked in astonishnent. currently number 143 of 445 organized Explanation: As formerly written. this Section did excess of 25' be placed in the municipalities. However. towns with their own not require notification of whether Resource Protection District. Steep "Well , we knew what we could do with it." was her local ordi nance may not have i ncorporated these Proposed changes are enacted or not. slopes are not necessarily fragile reply. "We made it into the nicest lawn you ever changes. which primarily serve to strengthen a environmental areas, particularly saw.' She admitted , however, that her "lawn" was town's control over development . resulting in Section: Non-conforming loses along rocky areas of the coast reported to the !tate, and there was some trouble. better protection of important town, resources. Moreover, some lots in areas oi though I di dn' t as k what the troubl e was . Towns may not have incorporated the changes, Revision: The sentence: predominantly steep slopes have been simply because they were not made aware of their known to contain plateaus of However, her pDi nt was that there are so many I aws existence. Regardless of the reason, any town No such non-cDnfoming use may be sufficient dimension to allow the requiring a state specialist for each. How can a that has not included the revisions should do so expanded, changed to another installation of a subsurface sewage simple resident kmDW what is and what is not to avoid state-imposed sanctions. All of the non-conforming use, or renewed disposal system in conformance with all owed7 revisions are summarized below: after I t has been discontinued the requirements of the Wastewater for a period of 12 calendar Disposal Rules. That's the goal of this newsletter- to provide Sectfon: Effective Date months or more. without a permit information that will help town officials from the Planning Board in administer and enforce their local shoreland Revision: The former wording: accordance with the provisions of zoning ordinance: We hope to explain in simple Section 12-8. subsection 6, Section: Standard for Erosion and language how other laws interact, how you can A certi fil ed copy of this paragraphs a-I of this Ordinance. Sedimentation Control educate residents on the importance of shoreland Ordinance shall be filed with the was reconstructed to place the zoning. When a change in the law or guidelines County Registry of Deeds, phrase. "renewed after it has Revision: The sentence: occurs , we wi I I I et you know. And when the need according to the requirements of been discontinued for a period of for a clarification in language becomes apparent, State I aw, 12 calendar months or more' To this end, all construction we will include such information as well . before the verb, 'expanded - and shall be accomplished in was changed to the fol I owing new to include the word, urepl;ced,- conformance with the erosion If jou have any comments on this newsletter, wording: after the Phrase, 'change to prevention provisions of please feel free to forward them to the Shoreland another non-conforming use.- The Environmental Quality Handbook Zoning Coordinator, Department of Environmental A certi fil ed copy of this sentence. -No structure which is Erosion and Sediment Control Protection, Bureau of Land Qual ity Control , State Ordinance shall be filed with the less than the required setback' published by the Maine Soil ;nd House Station 17, Augusta. Maine 04333. muni ci pal clerk and shal I be from the normal high watermark Water Conservation Commission, accessible to anymember of the shall be expanded toward the We are also enclosing a copy of the present State public. Copies shall be made water," was also Included under was replaced with the following: model shoreland zoning ordinance for your available to anymember of the this section. information. Another version of the model will be public, at reasonable cost, at On slopes greater than 25f, there coming out next summer that will revamp the land the expense of the person making shall be no grading or filling use Standards. as well as create new standards. the request. Notice of within 100 feet of the normal and will reflect changes to the Act that have availability of the ordinance Explanation: The former sentence structure was high watermark except to protect occurred since 1979. shall be posted. unclear as to whether the the shoreline and prevent Prepositional Phrase, 'after it has erosion. Sincerely. Explanation: The County Registry of Deeds is no been discontinued for a period of 12 longer the central depository of calendar months or more," also Explanation: This change eliminates reference to shoreland zoning ordinances and described. the verbs, "expanded," the Environmental Quality Handbook, Andrea M. Lapointe maps. The new wording helps Insure changed to another non-conforming which has proven to be unworkable and the accessibility ofshoreland zoning use.- and 'replaced.- The not relevant to most shoreland zoning Editor regulations to the puhlic. restructuring makes it clear that projects. It would also prohibit t@is phrase onlydescribes the verb. grading and filling near water bodies "renewed." The change also clarifies on those sloPes most likely to result Section: Amendments the fact that a nor-conforming use in erosion and sedimentation. The followinG handbooks are strongly recommended may be me pl aced I f a permi t is for detailed information relating to the d uties of Revision: The former wo rdi ng: obtained from the Planning Board and planning boards, board of appeals and code the fact that when the setback Continued on page 5 reqji rement is not met . t he Planni ng enforcement of fl cers . This 0 rdi na nce may be amended by Board may not permit a furtheir 1. Handbook for Local Planning Boards: A Legal a majority vote of the governing reducti on of the exi sting setback. Perspective, published by the Maine Municipal body. The state Planning Office Associ ati on. Shall be notified by Certified Section: Criteria for Establishing Districts 2. A Handbook for Local Code Enforcement flail, of amendments to this Officers, published by the !laine I!unicipal Ordinance, prior to the effective Revision: Itein number 3 of this section was Association. date of such amendments. A file changed from, 3. A Handbook for Municipal Boards of Appeals. e f return receipts from such published by the Raine state PI anning Office. :ai I I ngs s hal I be mai ntai ned as a Areas having sustained slopes Permanent record. greater than 25-, or unstable Soil subJect to slurping, mass was changed to the following: movement , or severe erosion, when these areas are two acres or more 2 in size, 3 MW No 1111110 no liiiiiimi go M on No New District Changes to Model Ordinance Revision: The following was deleted: Preserves Working Pier (Continued frOM page 3) All subsurface sewage disposal systems shall be located In soils A 1985 amendment to the t@andatory Shoreland Section: Residential Lot Standards that have characteristics Zoning allowing them to be rated as Act established a new maritime district In the Revision: The sentence: havi ,ng 'slight" or 'moderate" sh reland zorro, called the commercial fishing and maoi time acti vi ty distri ct , to combat the pl ague $e lim fo r.the proposelitus C tithationrse t V If more than one residential in r n Statewide Se of Of no n,maritime development that threatens working 1111-0 dwelling unit is constructed on a Maine Soil Pescriptions and piers along the 11aine coast. Working piers are s I ngl e pa rcel . t he mi nimun 1 ot interpretations,' published by threatened. because non,maritime development tends size requirement shall be met for the U.S. Department of to drive up land values, limit harbor access and each additional dwelling unit, Agriculture, Soil Conservation usurpmooring rights.' Service, was replaced with the following: Who cares some say? Let the free market operate Q. Can a variance be granted to permit a septic The determination of soil without governmental interference. However. If more then one residential suitability shall be based on a anyone that has spent their lunch hour near a system in a Resource Protection District? dwelling unit is constructed on a soil s report prepared by a : working pier watching lobstermen come in with A. No. Variances are only issued for a reduction single parcel . all dimensional State-certified soil scientist or their catch or watching fishermen load their hull of dimensional requiraments. and where all re qui rements shall be met for geologist, based on an on-site with ice, can't help but appreciate the great loss each additional dwelling unit. Investigation and soil if such activities are no longer part of the scene four of the undue,hardship criteria are met. observations to a minimum depth in a coastal village. Variances are not granted to allow a use that of five feet. Suitability is otherwise prohibited. Consequently. the Explanation: This change increases the frontage considerations shall be based Sure, there would have to be some working piers first question to ask is whether such a use is reciii rement when two or more primarily on criteria employed in somewhere to accommodate the obvious need for this permitted In the district involved. dwellings are constructed on a single the National Cooperative Soil type of land use. But when under pressure, their Q. How do you measure setback? parcel. Under the former wording. Survey as modified by on-site location may be limited to a few areas, which are only the lot size had to be factors such as depth to water not as visible to the casual observer. A. Setback is measured in a straight line from I ocreas ed . table and depth to refusal. As a result of the new maritime district, the !he closest point along the normal high Shoreland Zoning Privies may be permitted in areas State model ordinance will be revised to include a tatermark of the closest shoreland water body new colunn in the land use table with appropriate 0 the closest extension on the building. not served by comnunity sewer entries for each of the land uses listed. Land which could be the front of a deck or the most facilities under the following uses permitted will be limited to functionally outward point of the eaves. The normal high is a Local Regulation. conditions: water dependent uses: such as the manufacture or watermark is defined in the local ordinance. sale of ice, bait and nets and the sale, A. No pl unbi ng of any ki nd shal I manufact ure . I nstal 1 ati on or re p3 I r of boat s, Q. Do all 100 year n ood plains have to bee in the State's Role is be connected to or discharged engines and other electronic devices commonly used resource protection districts? into the privy pit. on boats. Standards will tie developed to guide A. Yes and No. Yes , if the town is a participant to Provide Technical Assistance. B. The privy shall be located at these land uses in the maritime district. in the Federal Flood Insurance Progr&n. which I minimun horizontal distance The location of maritime districts will depend on would I ndi cate that they have maps that of 100 feet from the normal the location of areas that currently serve as identify the 100-)ear flood boundaries . No. Section: Road Construction Standards high watermark of a worki ng pi ers . as wel I as areas that have a If the area is zoned General Development or water body. potential to become working piers, because they its equivalent, or if the town lacks federal Revision: The sentence: provide the key elements of success, such as flood maps. C. The bottom of the privy pit proximity to distribution centers, accessibility All roads shall be located. shall be at least two feet to major transportation routes, topography. etc. Q. Due to the big flood of 19437. the flood of constructed and maintained in above bedrock and the ground record in some towns now exceeds the 100 year conformance with the erosion water table at its hfghest Anyone who would like to provide input on how flood boundary. Do towns need to amend their prevention provisions of point during the year or have these maritime c'stricts should be developed and Shoreland zoning map to designate this larger *Permanent Logging Roads for a watertight vault. how the model crl'nance should be revised to area as Resource Protection. Better Woodlot Management," include them, is invited to send in their pu blished by the Division of D. Privies shall not be comments. Iher(- will also be an opportunity for A. The towns should reassess their district State and Private Forestry, permitted on recent I'l Pod public comment wl@en the new model ordinance goes boundaries to reflect this requirement. Forest Service Northeastern Area, plain soils. through the rulmaking procedure in Spring 1988. Incorporating the larger area may increase the U.S. Department of Agriculture, nunber of non-cDnforming uses, thus giving the in 1973 or subsequent revisions Other systems of sanitary waste Once the new district is incorporated into the town more building control. Areas that are therefore, was deleted. disposal may be permitted after model , coastal tows may wish to revise their own I ntensel y devel oped and des I gnated as a approval by the @'.aine Department local ordinance using their regular amendment general develolment district would not be Explanation: Reference to the pamphlet was of Health and Welfare, and after process. affected. deleted. Decause it does not contain a permit has been Issued by the enforceable. nwnerical standards for Planning Board, constructing roads. If you have any questions, please mail them to Section: Sanitary Standards Editor. Shoreland Zoning News , Department of Revision: Maine State Pluntoing Code was changed Environmental Protection. State House Station 17, to the State of Maine Spbsurface Augusta . Maine 04333. Wastewater Disposal Rules. Explanation: This manual now has a new title. 5 e I f. f 0 F @r, I. co- t q S , S t r.' t &;a,,d Cj.tv tt@@t tk- st@l@ and the paragraph: Revision: -1. Sc r, The sentence: The minimum setback for All principal structures in the 1.)t SHEET underground sewage disposal Resource Protection and Limited facilities from the normal high Residential-Recreational ti-@ Y 3 1111 IUL ALIG 10 T watermark of a waterbody shall be Districts shall be set back at not less than 100 horizontal least 75 feet from the normal N, 't f PK feet. Where daily sewage flow high water mark of any pond. -1 1 exceeds 2.000 gallons, the river, or salt water body as t t minimum setback shall be 300 feet defined. from a ny s horel i ne .All other setback requirements of the State was changed to the following: Plumbing Code shall be met in F,, .-.t f-(! full .Setbacks from shorelines All principal and accessory for all subsurface sewage structures which are permitted in disposal facilities shall not be the Resource Protection and P-Ij reduced by variance, Limited Residential-Recreational i ed District shall be set back at was replaced with the following: least 75 feet from the normal high watermark of any pond, river The minimum setback for or salt water body, as defined. GrArted subsurface sewage disposal This provision shall not apply to facilities shall be no less than structures which require direct N-.b., c,@ 100 horizontal feet from the access to the water as an J., --eE normal high watermark of a operational necessity. such as Da-Ed 0%, waterbody. This requirement piers, docks, and retaining shall riot be reduced by variance. walls. :f N..be. ,f P-@ @d @ ... its The Shoreland is a Community of Living Things A@hi-ed Nunbe, z-f Explanation: The wording of the Guideline was NLmber of inconsistent with the Disposal Rules, Ccurt Actions which were strengthened considerably since the Guidelines were originally @f III Ilk I adopted. However. retention of the Vi"I.ti- 11 provisions for minimum lot size and 1--tinated minimum setback will help Insure that new systems will not result in water pollution. Section: Standards for Structures C-,f Dol)@, A-uot Revision: The phrase, 'including basements," Explanation: This change requires that both @.'f F -as in sert ed after the word, principal and accessory structures in -struct ur.S- in the sentence: the Resource Protection and Limited Res idential-Recreationa 1 district Ii Thfirst floor elevation or set back 7 5 feet fror. t he normal high op:nings of all buildings and wate rm @rk. This change also structures shall be elevated at clarifies that the 75-foot setback . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . least two feet above the requirement pertains only to elevation of the 100 year fl ood, structures permitted in the Resource Shoreland Zoning News the flood of record. or. in the Drotection District. while all other absence of these, the flood as structures are prohibited. Under the de fined by soil types former wording. some individuals had SUBSCRIPTION FORM identifiable as recent flood mistakenly interpreted the reference plain soils. to "principal structure" to mean that residential dwelling units were Name: RETURN TO: and the word 'two* was replaced with permitted In the Resource Drotection Address: Sho a the word "one' in that sentence. District. r land Zoning Coordinator Explanation: This change was made to reflect the Town: Department of Environmental Protection exact wording in the Mandatory State House Station 17 Shoreland Zoning Act. Continued on page 8 state: Zip Code: Augusta, Maine 04333 .......................................................... no ow owl M on wo M mom M ON M owl WK NEWS BRIEFS LOCAL AUTHORITY in 1035 the State Legislature amenled the STRENGTHENED definition of "structure" in the :4ndatory Shoreland Zoning S horel and ZDni ng Act. A st ructure is now defined asanything built for the support, shelter or enclosure of persons, animals, goods or property A 1985 amendment to the Aandatory Shoreland Zoning Enhances Property Values of any kind. exclusive of fences.* Anything that Act has enabled town officials to regulate, not was changed to the following: fits this definition of a structure must meet any just structures on land within 250 feet of the setback requirements, except struetures which shore. but also structures built on, over or by Protecting Important Within 30 days of the date of requi re direct access to the water as an abutting piers, docks and wharves extending into receiving a written application, operational necessity, such as piers, docks and the water. the Planning Board or Code retaining walls. Examples of structures are Local Resources Enforcement Officer, as indicated satellite dishes, decks and boat houses. Those town officials already aware of the in Section 10. shall notify the ----------------------------- amendment have included the above language under applicant in writing either that the Applicability Section of their local shoreland the application is a complete Under the Non-conforming Uses Section in the Z ning ordinance. However. towns also need to pplication. or if the State's model ordinance. paragraph B reads, "No doevel 0p standards that guide this type of land use :Pplication is Incomplete. the such non@conforminq use may be expanded. changed and to include this type of land use in their land specific additional material to another non-cDnforming use. replaced, or use table as a new item with appropriate entries needed to make a complete renewed after it has been discontinued for a under their district column headings for those application. period of 12 calendar months or more, without a districts in the Shoreland zone. Entry choices All permits shall either be perynit from the Planning Board ... * The include *yes,' 'no," *CEO permit' or "PB permit." approved or denied in writing prep3sitional phrase, 'after it has been discontinued for a period of 22 calendar months or The best way to develop standards is to brainstorm wi thi n 30 days of recei vi ng a n more." does not describe each one of the verbs as a group with input from specialists that completed application. includi 9 that precedes it such as "expanded.' Said phrase understand the impacts such structures may have on Section: Creation of Administering Bodies and all information requested. only describes the verb. *renewed.' the shorefront. The group needs to identify all Agents Permits shall not be denied if --------------------------- - of the elements and to decide what limits should the proposed use is found to be be set for them. For example, what colors of the Revision: The phrase, *or reappointed annually in conformance with the The residential lot standards within the State's . ure would negatively impact aesthetics along by July 1st." was inserted after the provisions of this Ordinance. model ordinance requires that all dimensional stheusclore? Should such structures only be allowed word. "appointed,* in the sentence, Oermits may be made subject to requirements must be met for each additional In areas wler access will not be blocked? Should 'A Code Enforcement Officer shall be reasonable conditions to insure dwelling unit. This means that for condominium such str.ct .r: s provide for handicapped access? LA.) appointed by the Municipal Officers.* conformity with the purposes and projects in the shoreland zone, each unit must In addition to aesthetics and access. other provisions of this Ordinance. If have a minimum shore frontage of 100 feet. In elements to consider include size. height, and Explanation- This insertion reflects a change in a permit is denied. the reasons other words, if a condominium project has 7 units. construction materials. for the denial shall be stated In the 4andatory Shoreland Zoning Act rd then said project must have at I east 700 feet of that mandates the reappointment of a writing. An appeal to the boa frontage . All towns with locally adopted The Department of Enviromnental Protection will be Code Enforcement Officer by July Ist of appeals from an approval or ordinances must be at least as restrictive as developing standards on their own by the end of when a vacancy occurs. denial of a permit shall be made this. 1987. wi thin 30 days of the approval 0r Revision: The reference, "A Handbook for deni al . Municipal Board of Appeals. 1982, Maine State Planning Office. 141 Explanation: This change spells out more clearly pp." was inserted after the tne proceoures to be foflowed In sentence, "There is hereby created LEGAL LOOPHOLES CLOSED processing permit applications. @t the Board of Appeals for the P.u,icipality of Section: Administration pu,siant to the Tr-ovisions of Siate Curses . foiled again," is usually the villain' s Send only those amendments that pertain directly la.s.* Revision: Wherever the wcrds, "he or his," line, but many town officials feel this way, when or indirectly to the shoreland zone. v ro posed appeared. the words. *she or her,' they discover a loophole in a shDrel and zoning amendments that apply to town-wide districts Explanation: Reference to the handbook provides a was added. amendment that they worked so hard on to develop outside the shoreland zone should be sent to your scirce to seek further guidance on and pronote for town meeting. Their goal . "to town lawyer, State Planning Office or F@aine thc creation and responsibilities of Explanation: This change is self evident. better protect important town resources ." is again Muni ci pal Associ ation . !)oard of appeals. Section: Permits Issued by Planning Board thwarted. Allow the Shorel and Zoning Coordinator at least Section: Prc@cedure for Administering Permits One possible remedy may be to mail proposed two weeks to review prx)posed amendments - not the Revision: The word. "may.* was changed to the amendments to the Shoreland Zoning Coordinator at two weeks before town meeting, but the two weeks Revision: The following paragraph. word, -snal I - in the sentence: the Department of Environmental Protection, State before the amendment must be finalized for House Station 17, Augusta . NE 04333. In return . printing for town meeting. Indicate the deadline Permits shall not be denied If The Planning Board may, after the town officials will receive a technical evaluation for comments at the top of your proposed amendment the proposed use is found to be submission of a complete for I oo phol es , as wel I as a statement on the and also indicate that the amendment is proposed, in conformance with the application including all amendments' adherence to minimum state as follows: pro visions of this Ordinance. Information requested, grant a re qui rements . All permits shall either be permit if It makes a positive DEADLINE FOR C0114ENTS: approved or denied within 60 days finding based on the information If the proposed amendment does not meet the PROPOSED APENDMENT of receipt of a completed presented to it that excegt as minimum state requirements and it Is passed application. Including all specifically exempteA in t e n)wa ys . t he town may be subjected to information requested. Ordinance. the proposed use: state-imposed sanctions. Furthermore , aggrieved town residents may also sue the town, especially Once the amendnent is adopted. an attested copy Continued on page 10 if they think their property value was decreased must be mailed to the Shoreland Zoning Coordinator as a resul t of administering a less restrictive within 30 days of its effective date. as requi red 8 ordi r1ance by I aw. Explanation This change clarifies the fact that for the same system. This change is Changes to Model Ordinance this paragraph applies only to al istent with the proposed administrative appeals, and not chasongeoto the sanitary standards as (Continued from p&ge 8) vari ance appeals. des c ri bed bel ow . Section: Fines Revision: The fal 1 owl ng was added to the tabl a Explanation: The change requires that the Planning following *Industrial Structures' and Board issue a permit if it finds that Section; Appeals to Board of Appeals Revision: The paragraph: under the column headings for the applicant meets all of the *Resource Protection.' "Limited requirements of the ordinance. Revision: The name. *State Planning Office," Any person who continues to lesidential-Recreational ' and was replaced with the name, violate any provision of this General Development,* respectively: Section: Condi ti ons "Department of Environmental Ordinance after receiving notice Protection." of such violation shall be guilty Goverrmental structures No PB permit PS permit Revision: The sentence: of a misdeneanor subject to a Institutional structures No No PB permit Explanation: Again. the Department of fine of up to $100.00 for each Permits granted under this Environmental ?rotection now has vi ol ati on. Each day such a Explanati on; The Gui del i nes were silent about section may be made subject to overall responsibility for the violation is continued is a whether these types of structures are reasonable conditions to ensure Mandatory Shorel and Boni ng Act. separate offense, permItted or not. This change conformity with the purposes and eliminated the silence. Provisions of this Ordinance. Revision: The former heading for this section was changed to the following: was changed frical , 'Appeals and was deleted. Variances" to 'Appeals to Board of Any person who violated any Section: Standards for Beach Construction Appeal s." provision of this Ordinance shall Explanation: This section, which allowed the Explanation: This change makes It clear that be subject to the penalties and Revision: The former wordi ng: Planning ikiard to attach conditions enforcement procedures set forth Beach construction on any great to permits, is no longer needed. variance appeals and administrative I n 30 MRS A Sec. 4966. pond or coastal wetland shall since this would be covered by the appeals both fall under the categorry change in the Section on the of appeals to the Board of Appeals. Explanation: Reference to this statute. which require a permit from the @rocedure of Administering Permits. r flects a change In statutory Department of Enyi rorimental as described above. Revision: The following was included: I:nguage, results in stiffer Protection. Beach construction provisions. on an yriver stream or brook The tem. "undue hardship.' shall Cap, ble of fioating ;at ercraft mean: that the land in question shall require approval from the cannot yield a reasonable return Section: Land Use Table Commissioner of the Department of unless a variance is granted; Inland Fisheries and Wildlife, as Revision: Asterisks were added to the following re qu ,red by I aw, X, that the need for a variance Is land uses: was changed to the following: due to the unique circumstances Piers, docks, wharves, Section: Definitions of the property and not to the brea kwaters . causeways , mari nas , Beach construction on any great general conditions in the bridges over 20 feet In length. pond, river, stream. brook or Revision: The definition for 'privy" was nei ghborhood; and uses projecting into water coastal wetland shall reqjirv a dEieted. bodi as; permit from the Department of that the granting of a variance Environmental Protection. Explanation: T@is word Is no longer used in the wil I not alter the essential Private sewage disposal systems model ordinance. character of the locality. Explanation: The Department of Environmental Filling or other earth-moving Protection now administers the Stream Revision: Tf-e Phrase, "exclusive of fences." and the sentence, @q variance is acti vi ty I ess than 10 cubi c yards Al terati on Act , whi ch re qui res a Permit for beach construction on w---s added to the end of the sentence. authorized only for lot area, lot Filling or other earth moving rivers, streams and brooks. Formal ',nything built for the support, coverage by structures, and shelter, or enclosure of persons. setbacks," was replaced with the acti vil ty of more than 10 cubic approval from the Commissioner of the animals, goods, or property of any following. "A variance is yards Department of Inland Fisheries and kind,* which defines the term, aut hori zed onl y for di mens ional Wildlife is no longer necessary. "ttructure." requirenents." Explanation: These land uses should conform to the land use standards, as indicated by Section: Cl eari ng Standard Explanation: 7his change reflects the exact Explanation: This change brings the criteria for the asterisk. Asterisks previously wc,ding of the *structure" definition granting variances into line with left out are probably the result of a Revision: The sentence. *If these openings are in the Mandatory Shoreland Zoning current statutory wording. In typographical error. combined, no single opening wider Act. addition. the change allows the [bard than ED feet may be created along any of Appeals to grant variances for Revision: "CEO permit" was changed to -LPI 200 feet of shoreline," was Inserted Revision: The definition for "principal dimensional requirements other than permit' as entries under the columns after the sentence, 'Where such structure" was changed from. 'the those for lot areaiblot coverage by for private sewage disposal systems, clearing extends to the shoreline, a structure in which the primary use of structures , and se t ks. The and the fol I owing was added to the cl eared opening or openings not the lot is conducted.- to the current wording may be too key. *LPI Permit -Requires permit greater than 30 feet in width for following: restrictive. because it would for Local Plumbing Inspector.' every 100 feet of shoreline (measured prohibit the Board from granting a along the normal high watermark) may A building other than one which variance from dimensional Explanation: This change allows the plunbing be created in the strip extending 50 is used for purposes wholly requirements such as those for lot inspector. rather than the code feet inland from the normal high incidental or accessory to the frontage. even though a genuine e6forcement officer, to Issue permits watermark and paralleling the use of another buil dIng on the hardship mayexist. for subsurface sewage disposal shorel I ne.* same premises. systems. in some communities. the LPI and the CEO are two different Explanation: The insertion males it clear that no Explanation: This change also reflects the exact Revision: The former heading, 'Appeals to Board people, and this has resulted in more than 2 30-foot strips can be wording in the Mandatory Shoreland'- of Appeals.' was changed to citizens having to obtain a permit adjoined even when the shoreline is Zoning Act. 10 "Administrative Anneals." from two d I fferent local officials 11 300 feet or more. Iwo Setbacks Protect Shoreline (Continued from front page) Structures built before the passage of shoreland the Board of Appeals . who issue variances only zoning, that don't meet the normal setback when all four of the undue hardship criteria are requirement have a grandfathered setback. Their proved by the applicant. The undue hardship setback is d fined as the closest distance from cri teri ainclude the following: the s tru ct ur: to the normal high watermark. Exte nsions of the structure cannot encroach any 1. that the land in question cannot yield a further on this setback without both a variance reasonable return unless a variance is from the [bard of Appeals and a permit from the granted; Planning Board. 2. that the need for a variance is due to A structure can have onlyone setback, which may the unique circumstances of the property be defined by the front , rear or side of the and not to the general conditions in the structure. For ezample, I f a cottage was neighborhood; cons tructed on a peninsula. and the nearest distance from the normal high water mark to the 3. that the granting of a variance will not side of the cottage is 10 feet . while the nearest alter the essential character of the distance from the normal high water mark to the locality, and front of the cottage is 15 feet. then the cottage's setback is 10 feet. The owner of the 4. that the hards hi p I s not the res ul t of cottage cannot encroach any further on the setback action taken by the applicant or prior of 10 feet. Technically, the owner could expand owner. from the front - unless a town has adopted specific provisions to the contrary- up to 10 An applicant can not get a variance for a setback feet from the normal high water mark . since the that would result in allowing a use in a district Cottage is currently located 15 feet back on the that is otherwise prohibited. For exam pl e, a front or. In other words, 5 feet from the setback for a septic system that would place such established setback. system in a resource protection district is not allowed, since septic systems are not allowed in Setbacks can only be reduced by a variance from resource protection districts. Ln Where Have All the Minutes Gone? (Continued from front page) necessary information including the applicant's copy of the decision and the nunber of votes for signature, should be retuned until completed. and against the applications should be Only after the application is camplete should it incorporated into the minutes . The applicant be accepted for the permit review process. should also receive a copy of the decision. as well as any completed permit docLnent which Although there are no standardized, mandated acconpanies the decision. A copy of all documents application forms. the Handbook for Local @Ianni relating to that application s houl d be pI aced i n Boa rds * 4 Legal lerspe-Mve contains sanplXylll the town files for safe keeping. goi5a ao 7 incruoin, a p e pemit application. That handbook Is published bythei:aine ;!unicipal Board of appeals, as well,must keep proper Association inAugusta and copies can be purchased records. A decision of the board of appeals may from that organization. If you wish to obtain be subject to a further legal challenge in the blank forms only. you may obtain them from this courts and should be backed up with a minutes of Department's Shoreland Zoning ?Jnit. meetings, record of hearing testimony (tape recorded hearings are preferable but should be Once an application is received and accepted and suppl emen ted with written minutes), a formal the decision making process begins, it is cruc@al Notice of Decision, and any other formal that detaqed and accurate minutes are recorded documentation. dvri ng pl anni ng board meeti ngs . it is important, ther efore , that planning boards elect a secretary It is just as important that Code Enforcepent whose job will Include recording the minutes. Officers (CEO) keep adequate records of permitting vi nutes s houl d i ncl ude when and where the meeting and enforcement activities in which the CEO has occurred, who Was present, the subject of the taken action. The CEO's actions are no less application, what was said and by whom. what votes important toward good administration of the were taken. and any agreements made regarding shoreland zoning ordinance than those of the procedures or other issues at a board meeting. planning and appeals boards. Furthermore, the statute, Title 38. Section 441.3-C, now requires Once a completed application is accepted and the CEO to keep a complete record of all essential properly reviewed and discussed. the process may transactions of that office, including mowe forward. If all information is available. a applications submitted, permits granted or denied. decision on the application may be rendered. variances granted or denied, revocation actions. revocation of permits, appeals, court actions. violations investigated, violations found, ard Accompanying a vote of the planning board. to fees collected. Ozeanuannual basls@ aDsummary of approve wf "conditions, or deny an application. this record sha,, . bm Itted to t e EP's Bureau there must be a notice of decision including of Land Quality Control. findings of fact, conclusions and judgement. A 12 EXHIBIT D-4 vol. I no. I maine start planning office's newsletterfor local municipal governments sept. 1987 IN THIS ISSUE... LOCAL COMPREHENSIVE PLANNING A CRITICAL BEGiNNING LOCAL COMPREHENSIVE The current resurgeme in comprehensive planning has been triggered by PLANNING increased development pressure, changing land use patterns. and bri[sk sales in real estate A discussion ofihe purpose by out-of-state investors. Land along Maine's 3,500 mile coastline, as well as desirable and importance of local lake frontage, is now a national commodity eagerly sought for investment or develop- compre hensive planring. ment purposes. Commercial and industrial development is rapidly occurring in York and Cumberland counties. Downeast. ftincock County is experiencing the second highest growth rate in the state. Towns need not be overwhelmed by this pressure. Instead, the LEWISTON'S PLANNING growth can be harnessed to accommodate and achieve local goals and visions through PROCESS BUILDS sound planning and managemem Comprehensive planning is the first step, a critical COMI%fUNITY SUPPORT beginning, to ensuring quality growth for Maine towns. An upiate on Lewistoti's Comprehensive planning forms the foundation for a town's regulatory and non- new comprehensive plan and regulatory management system. Like any organization or institution, a town must zoning ordtnance in response inventory and assess local resources, set priorities for the future, and establish a strategy to significant growth in their for achieving those goals. All aspects of community life - housing, population, land residen.;al and indurnial use, economic development, resource conservation, and public services - should be sectors. addressed in comprehensive plans. Tim plans articulate the community goals and policies that serve as a basis for decision making. Legally, towns Must have a comprehensive plan before enacting zoning ordi- COAS-V@EEK nances. Underlying this requirmens is the rationale that without sound and thorough ACTIVITIFS planning. ordinances and other regulations will not be rationally related to their objec- PLANNED FOR tives. The comprehensive plan is the link between the goals of the community and the OCTOBER 3-12 regulatory tools designed to achieve those goals. Without careful planning, land use and Conic p-,'n the celebration of other ordinances will be ineffective in achieving desired goals. Maine'@ beaunrul coastal All too often comprehensive planning is in response to a crisis. Faced with large areas and assisr in the upkzep development proposals, Waldobow. Cutler, and Durham recently joined the growing ofone of4faine's most number of towns enacting moratoria. Although moratoria are useful for providing time to precious resources. plan without the pressure of permit reviews, they am temporary measures at best. Com- prehensive planning is a process, am a document designed to collect dust, and therefore must be flexible, responsive to change, and reflect the opinions of the Community at MAINE LEGISLATURE large. STUDIES GROWTH MANAGE MENT ISSUES Citizen Participation Is Key to Effective Planning The 113th Legislature estab- lishes a 9 member sru4 Active, broad-based, citizen participation is vital to the formation of an effective comtrussion to study Maine's plan. Getting citizens to actively participate in discussions on community issues is land use laws. perhaps the most difficult and rewarding challenge in designing a comprehensive plan. Without this involvement, the people drafting the plan's policies and recommendations "VISMIM memo nwm@ will be less inclined to be as specific content ofa plan varies as widely as residential appearance of the street" federal agencies. Moreover. they FROM THE DIRECTOR as they shoull be@ and town voters the character and complexity of the (adopted from the Camden's Compire- often have resource material on a will be unlikely to approve the plan as 494 organized cities and towns in ft hensive Plan, 1984). These policies range of planning issue& The State This newsletter, our first, is devoted to comprehen- the issues it addresses may not be well Start. Tlicre am. however, common provide dear direction for planning Planning Office also provides techni- sive planning. Comprehensive planning is the first M in understood. steps to the formation of plans. FirsL board members. developers. and cal assistance. ft community planning and development proc4ess, and A variety of methods can background information and data odwxs concerried with the future of the From the plan, local govern- rimcrone, it only seems appropriate that our first newsletter ensure citizen involvement in the needs to be gathered. At a minimum, town. Policies can address a range of meras can start building strategies for in a bimonthly series should addrem this topic- planning pmzess. A special planning information regarding population. istsues such as single family dwellings. managing growth. Our experience TU newsletter is designed to achieve many or the committee. comprised of members of housing. employment, transportation, open space. harbor management. confirm that no matter how much same objectives of a comprehensive planning process. The the planning board and zoning board, infrastructure, development trends, public seem, capital improvement time, data. sophistication. or money a first objective is die collection of all pertinent information. selectmen or city council members, natural and cultural resources should planning, and others. town or city dedicates to their As part or The comprehensive planning Process, local msi- the conservation commission, rcpre- be included in the plan. Care shouk! * Recerit court decisions, at comprehensive plan. die critical factor dents inventory and as= all elements of their community - sentatives of professional and private be taken to ensure that data collection both the am and federal level, have in determining bow successfiil and the -11-al resources. aesthetics and amenities, housing, interests, and motivated citizens. can does not consume a major portion of supported the need for specific and useful that pin is in guiding local population characteristics and settlement patterns, public play a vital role in forging a plan that the work time as the heart of the detailed plans. The mom specific the actions and growth is the extent and services, and the economic base. Likewise@ we hope this reflects citizens' concerns. A special corripichensive plan - the goals, plans am. the mom resistant they will energy of citizen involvement in the newsletter will present local planning and management tools committee makes sense when the policies, and implementation strategy be to legal challenges PrOCUL that can improve all elements of community We. Ourfocus planning board is busy administering require time to formulate. Often a particular problem or will be on all aspects of local planning and development ordinances and lacks sufficient time to issue will be identified in the course of including economic strategies and marketing, land use plan. The active participation and Goals and Policies - The Heart developing a comprehensive plan but John DelVecchio management, resource conservation, and public facilities in- consensus required of such a commit- of the Plan time limitations do not allow for vestments and service provision. tee ensures that all issues and differing The goals and policies, which specific recommendations. In dim The newsletter is intended to be informational and viewpoints are aired before the public flow from the results of the public situations, the plan should recommend educational. When appropriate. our feature article will be -1 hearings or town meeting. Issues and opinion survey and interpretation of that the town undertake further study recommendations will have already the dam. form the backbone of the of the issue or take action in the future Recommended Resources supported by citations of relevant iegW acdons, recom- been discussed and debated, and plan. Goals we general statements - for example: -7be town should mentled reading lists, available resources, and the names of where necessary. concessions made. concenting the future of the commu- develop a capital improvements Maine Association of Conservation experts who am willing msources. In addition to feature One of dic most effective nity; policies provide specific guid- program.' Such recommendations Commissions. A Natural Resource articles. we will include newsbriefs on items of interest to methods for ga thering citizen input is ance for implementing these goals. should be as detailed as possible Inventory Handbook. August 1987. kicall officials and a calendar of events listing upcoming a public opinion survey. Survey Policies that am too general provide concerning who should implement Available from the SPO and the conferencescreducationa opportimities,grant application responses focus the work of the little direction and lead to confusion them, how they should be imple- MACC. deadlinm and important public hearings. Another objective is the participation of a broad committee on those issues most on intended implementation. For merited, and the major concerns to be cross section ofcommunity interests. Like the comprehen- important to town residents. Too example, many towns adopt policies addressed. A recommendation might Penobscot Valley Regional Planning often, the hard work and diligence of stating their desire to "grow slowly," read: "The Selectmen shall explore Commission. Comprehensive Plan- give plarming process, we hope the newsletter will be an developing the plan fails bemuse of "maintain rural character," and options for improving public access to ning Guide for Local Planning open forum for ideas that enhance community life. We will confusion and suspicion about the "Protect important natural resources the waterfront and encouraging water- Boards.1976. (Me SPO is currently try to present local and individual perspectives on featured details of the plan. Constant and and open space@" Such statements do dependent uses, and present its updating this handbook). topics. Each feature article will include supporting illustra- five examples from local officials. It is our intention to share frequent communication with the not indicate what or bow resources recommendations to the selectmen and both the best information about a planning or development community at Urge at various stages should be protected and provide a planning board by December 3 1. issue or technique and pertinent, succmful Maine examples throughout the process builds support false sense of security when the town 1997." of their application. and understanding of the plan. is faced with a specific proposal for And finally, as a comprehensive plan provides the Encouraging citizen participation can development. Specific policies arc: Regional Councils Provide guidance, the goals that govern local decision making, %v be time-consuming, but is essential to "Ali development proposals that Assistance hope the newsletter will assist local officials, both elected developing an effective plan. would alter 10 acres or mom of In the midst of the current and appointed, to make better planning and developrwnt agricultural land will be required to development boom many towns arc docisionL The First Step - cluster buildings to minimize the revising their comprehensive plans - - As with comprehensive plans, the newsletter will be Data Collection impa"" or, -A new business zone a difficult and time consuming task. most effective with input and suggestions from all. We Once the concerns of the . should be created. In this zone. office Regional councils are an excellent invite your comments and your contributions. community have been identified and and service-oriented business should source of information. Besides having the direction and goals of the Plan be permitted Exterior modification of background information on local Denise Lord established. the work of developing buildings must be approved by the resources they can direct local Director, Community Services Division the plan begins. The formal and Planning Board to preserve the officials to appropriate state and ~0 Recognizing that the process late June, reviewed the zoning map insight into specific neighborhoods ponds, rivers, ~a~n~d soma of developing a comprehensive land and ordinance. where perhaps ~th~e professional ~T~he Planning use plan is as important as the final ~*~rbe third step in ~th~e process planners may not have seen the forest i~nfo~nna~Lion from the D document itself, the City designed a was a survey of a repr~csen~t~a~f~ive for the trees. Quality Bureau to deter LANDUSE mu~l~ti~-~t~ier~ed public participation sample of the citizens. Residents were In addition to the city monies level of development process. Emphasis was placed on asked to respond ~to 60 questions. appropriated to this project, area banks maintain the integrity o ~~~~ I~S'~l ~O~N'S PLANNING bringing those most affected by land many of which came from issues in cooperation with Bates College water. ~T~he town also ~~~4~qWESS BUILDS use controls and those who enforce raised at th~e community leaders financed the workshop presentations. lot review ordinance w~ql C~~~~%~1UN~ITY SUPPORT them into the process. Ultimate] y, the workshops. The questions were The City also benefited from the planning board permissi success of the plan will be directly detailed. requiring time and thought to expertise of ~qf~qt Maine Development 40 or more acres, a fore N~:~r~.~c months ago, the City of proportional to the extent ~to which the answer. For example, respondents Foundation in developing a strategy to ordinance, and a hazar~qe ~~. i~~~n i n ~ ~t i~:~:~t~c~d the development of people of the community - ~th~e where asked how to appropriate City maximize input of all sectors of am ordinance. a nc~ cor~~p~. ~ch~ansive plan and zoning citizens, developers, business entre- money to address some of the issues. economy. ~T~he ordinance ordinance in response to significant preneurs and managers, educators, The response rate for the survey was hard work and long ~qho gro~~ ~h in the ~msi~l~lcr~i~f~i~al and industrial farmers, representatives of ~the major approximately 33 percent. D~eb~rah J. Richard, Northfield Planning sectors of the economy. Investments institutions and cultural entities - are ~T~h~e last step was a series of Director of Community Greer of Washington in housing doubled between 19~84 and involved in the process. public meetings to present the draft Development and Planning Regional Planning Corn 1985 arid ~a~g~ai n between 1986 and To achieve the goal of high ordinance and zoning map. Citizens City of Lewiston claims he had minimal 1987. D~~nn~g that same period, ~th~e public participation a four-step were asked to respond specifically to in the process, noted: L~wis~~~-~A~u~h~.~~;~.~,~n area ranked first in process was developed. First~, ~t~he "pencil" lines on ~t~h~e proposed zoning example of what a plan ~he S~~ ~0~r ~th~e number of jobs Mayor appointed a 28-memb~er map as well as ~the proposed regula- can do when it becomes Created through industrial expansion. Citizens Advisory Board to set tory controls. ~T~his became o~ne of the All the technical assis Moreover, Lewiston is expected to be policies and oversee ~t~he 18~-m~on~th most important and critical elements ~T~he City of Lewiston won world wouldn't have ~h~ next area to be impacted by ~th~e process. The Board reviewed and of the pr~ojeCt. An editorial in ~the local recognition for their planning such an ordinance." O~ growth and development now occur- analyzed data from business leaders, newspaper aptly stated; "It is imp~era- process at the annual meeting of the ring in southern Maine. Anticipating community leaders, and citizens Live that citizens not only respond to a Maine A ssocia~don of Pl~i~u~mers. the pressures and the effects that this concerning economic and demo- theme proposed but play an active role June 19,1987. Cong~trau~da~tions! LEGISLATURE growth ~ ~u~ld have on land resources, graphic trends, environmental re- in the formulation of these policies." GROWTH MANA the City recognized the inadequacy of sources, and ~the infrastructural These meetings provided citizens the ISSUES the existing comprehensive land use systems of the City. From this opportunity to actively participate in plan, ~~~~~lop~ed in 1962~, and ~t~he analysis ~th~e group developed 13 land the formation of one of ~th~e City's ~T~his spring, th existing zoning ordinance, developed use goals, along with a land use map most significant documents. Response NORTHFIELD ENACTS Legislature enacted ~qL.D in 197~~ to ~gui~& land use manage- with 18 land use districts. to ~th~e meetings has been exceptional, PROGRESSIVE LAND USE ACT to Enhance Local men[ from 1987 forward. Second, a group of 100 providing the committee with critical PROGRAM Community Growth an The ch~Ld ~lcn~g~e of the project business and community leaders met and insightful comments. Maine's Land Use Law is not u~~~ke that of other Maine throughout the process to identify land At the end of ~th~e 18~-mont~h The town of Northfield in established a 9-membe~qr comm~~itics experiencing or an~Lici- use issues and offer input into the process, the City will have a land use Washington County (population 88) commission, The Main paling ~~~~, ~Lh. Two factors prompted development of regulatory controls. plan and zoning ordinance truly recently enacted new land us~e ordi- sion on Land Co~ns~qe~qr~qv~qx the p~~~~i~~g ~c~l~!,~m first~, to anticipate The idea behind this group was to drafted by its citizens and capable of nances to guide and manage growth. Economic Developm~qen cco~~~~~ ~gr~o~, ~~h opportunities and establish a forum where Community promoting a healthy, vital community The ordinance, enacted this spring, is of members of the Eric s~co~~~~~ ~ to r~c~@~,~;~@n~i~z~c existing and civic leaders, and residents could which protects and enhances the one of the most progressive in ~the Natural Resources and cul~ur~~~~~d recreational resources. share concerns about future land use quality of life. The plan will have State. committees. Members The ~~2p~~~~~p~p~1p~p~~cv~c~l~op land use issues and controls. nice forums received close scrutiny and input from ~T~he revised ordinances committee include Sen. m~n~~~=~~nt rn~@~c~h~anisms that were held; the first meeting, in educators, farmers, developers, divide the town into three zones: (Norway), Sen. Mayo encour~~~ ~gro~, ~th and promote the September at the initiation of the residents, major institutions, lawyers, general (land within 500 feet of public Rep. Cashman (Old To general quality of life. project, outlined specific land us~e planning and zoning board members, roads); management ~(a~l~l land not Michaud (E. Millinock To a~s~s~k~i with developing ~the issues facing the City. ~T~he second and City Councilors and their cons~titu- classified general or protection); and Michell (Freeport), Re comprehensive plan and zoning meeting, held in March, reviewed ~th~e eras. The project has been arduous, protection ( includes shor~cland areas; (Portland), and Rep. J~q& ordin~n~e~ the City contracted Market land use goals established by ~the requiring many difficult decisions. or areas within 350 feet of lakes, (Hani~son). ~T~h~e com~qin Decisions, Inc., of South Portland in Citizens Advisory Board and offered ~'~M~e response by ~th~e community to ponds, rivers, and streams, and studying growth ma~qna association with Sasaki Associates of direction and guidance for ~th~e zoning participate in this process has been watershed areas; and areas between Maine and making r~qec Wa~~~~~~~~i, ~NIA. ordinance. The third meeting, held in overwhelming and has often provided 350 feet and ~700 feet from lak~a, to t~h~e Legislature on i~qn~qt ~0 ~r~ct~d P.L. 794. "An ACT to MA~, Norwalk, CT. and Portland, ME. Enhance the Sound Use a~nd Manage- The study will identify the most ment of Maine's Coastal Resources"~, significant factors affecting the ~ hich gives a policy preference to viability of traditional, water- depend- w~~~r~dep~end~ent uses over other uses ent businesses and develop strategies ~Ir~s of the shoreline. Wa~t~er~-d~ep~end~ent we that local governments can use to CD~qO~L~2 AND uses that require, for their primary manage waterfront land. The study, ~~~rp~~e, loca~u~on on or access ~to including a handbook of legal tools, is DEVELOPMENT FUND MID-COAST A ~o~~~~~ waters and cannot be located expected to be completed by the end GRANT AWARD INTERIM FINANCE away from these writers. Inadditi~on~. ~of~o~c~t~o~b~e~r. ANNOUNCED PROGRAM UPDATE ~h~ ~~~ amended the Ma~r~i~&~tory A Steering Sh~r~~and Zoning Act to give towns -The State Planning Office ~T~b~e Interim Financing ~h~ authority to adopt commercial formed to draft a ~a~nn~oun~o~t~s its Development Fund (D~F) Program (IFP) makes grants to eligible ~T~he Sou~d~zrn M~qi ~ish~~~s and mar~iti~qm activity zones. program for municipalities seeking to communities for short-term loam to The State Planning Office is now ~ni~ti~es in Cumbe~qTla~qn improve employment a~n~d housing businesses or d~ev~elope~r~L The I~FP is a began Plantation. ~qf~qu work, in~ to implement the provisions opportunities for p~e~4~D~p~l~c with low to financial mechanism ~t~hat utilizes ~T~h~e purpose of the of ~~~ law. moderate incomes. The D~F program, undisburs~ed Community Development ties and C~OU~nti~qC~qS ~qt~qo which operates on money set aside Block Grant (~C~D~BG~) dollars~. The and promote mom SPO Mapping Project from the Community Development amount of funds available for ~t~he COASTWEEK ACTIVITIES Block Grant Program, provides up to Interim Financing Program is depend- ~r~e~s~ou~r~c~o~'~s~. A ~r~qo~0qm~qt ~~he S~P~O is undertaking a PLANNED FOR 40 percent of the financing for ent on the m~b~-~,~b~num level of funds in for ~t~ed~mica~l ~a~q&sis~qi~qa c~~~~~~~~ project mapping ~a~re~qw most OCTOBER 3~-12 economic and housing development the State's letter of credit at any one procedures, and wi _j suitable for water-dependent uses. projects. time. Historically, that minimum has ~~ Based on physical criteria- water ~me~n~t also emerged Maine's fourth annual ~T~he variety of DF proposals never been below $5 million. depth, upland slope, and protection COASTWEEK celebration is sched- funded reflects the variety of c~om~mu- The number of IFP grants. is respondents ~expres from wind and seas - the ~p~r~o~r~-~a will uled for October 3~rd through ~t~he ~1~2~d~i~. nity and business needs in the State. d~e~mmin~ed by the availability of hinds guidance an ground map prime wa~ter-d~epe~nd~en~t use sites. Ile scope of funded proposals has in the State's letter of credit~, and no exploring the ~feasib COASTWEEK ~'87, a national event. ~T~h~e St~qeerin The maps w~d~l also depict existing is meant to be a special time to ranged from a neighborhood gr~o~o~t~ry loan by a community to a, business or Woolwich and Arth water-dependent use activity. recognize die wealth and beauty of die store (cost $99,ODO) to an incubator developer ~may carry a term greater summer months to ~~his summer. municipalities coast. as well as i~ts central role in ~o~u~r for a research and development than 24 months. IF~P grants ~a~m made draft bylaws, i~qn~qc~qh~qm will be asked to review a draft ~map of history. It is also a time to enhance business (cost ~S ~l~.~qU9~,000). on a first ~c~t~rrn~e~@ first save basis. and counties~. It is ~~ei~ town to verify the accuracy of the awareness about the vulnerability of The Town of P~rinc~,~:t~qm Currently, SPO is considering two t~o area towns and physics! criteria and existing ~use this fragile interface to harm from recently received a Development Fund applications. Any questions about this 1987, and a formal information. Final maps will in~c~o~r~p~o~- grant of $107~,000. This money will program ~may be addressed to Bob increasing growth and development. manufacturer. Williams, State Planning Office, ~2~89 ~d~w spring of ~19~q8~q8. rate ~~~cal comments and will be Last year two dozen o~rg~ar~ti- be loaned to a local interested citizens w dis~~~~-~~d to each town. TIM maps za~t~i~o~ns sponsored nearly ~30 events in Northeast Lumber, Inc., to aid 31~54. coming months to d wIII ~~`~ towns identify arm in need Maine, including boat trips, nature business expansion. ~T~h~e Princeton community needs. ofp~~~-~~i~on. walks. evening forums, educational project will assist ~the firm to expand talks, a bike trip, and a radio show. production and to add an additional NATURAL~qR Waterfront Study Sea Fair, a day long family festival shift ~to i~ts work force. Twenty new sponsored by Maine Audubon, will jobs. 70 percent ~of which will be Once prime waterfront site Lake place again this year on October provided for low to moderate income ~s The Main have been id~ent~i~-fi~ed~, the next step is 4~th~. The third annual Coastal Cleanup Maine workers. will be created as a (MAC~C), with a to d~s~ ~n a protection s~m~u~e~q6. ~T~qU~, will take place on October 3~rd. result of this project~. Program, has upda~qv Marine ~Uw Institute at ~t~h~e University If you would like to schedule The Planning Office accepts ~c The Handbook is a of ~~~~~~~~rn Maine was recently an event to help celebrate Development Fund applications on ~th resources and will awarded S 1 50~,~(~qM contract ~t~o ~r~e~9~e~arch lost Thursday of each month. For ~ti~o~n commissions New COASTWEEK, contact Katrina Van information on the program. int~e~r~cs~t~e4 ~conu~mmi~l~i~e~s~. ~qT~qhe protection strategies from the Duse~n~, at the State Planning Office England/New York Coastal Zone Task (289-3261~@ parties may contact Margo L Fraser. regional ~wol~ks~qh~qoP~qs Force. The New England study will Development Fund Coordinator, at material, (see cal~qen examine waterfront development in 289~-3154. MACC~. 623-48~q50, Bristol. R~I. Gr~e~enpor~t~, NY. Fall River~. information~. CALENDAR September 16 Natural Resource Inventory Workshop Sponsored by the Maine Association of Conservation Commissions. Ellsworth City Hall. Church St. 7:00 p.m, 9:00 pm. September 17 Natural Resource Inventory Workshop, Maine Association of Conservation Commissions, Machiasport Town Hall, Route 92 7-00 p.m., 9:00 p.m. September 21 Natural Resource Inventory Workshop, Maine Association of Conservation Commissions, Wiscasset High School Cafeteria, Gardiner Road, Rte. 27, 7:00 p.m. - 9:00 p.m. September 23 Natural Resource Inventory Workshop, Maine Association of Conservation Commissions, Saco City Hall, 300 Main Street, 7:00 - 9:DO p.m. September 26 Affordable Housing Workshop, Camden/Rockpon Development Committee. Call Pat Jennings 544-2299 for more information. September 28 Maine Commission on Land Conservation and Economic Development. Public Hearing 9:00 a.m., Augusta. Call 289-1670. September 28 Natural Resource Inventory Workshop, Maine Association of Conservation Commissions, Rockport Elementary School Cafeteria, Near Itte I + 90, 7:00 p.m. - 9:00 p.m. . October I SPO's Community Assistance Division becomes the Office of Community Development in the new Deparment of Economic and Community Development. October 7 Coastal Access Forum, Belfast Free Library, 7:30 p.m. - 9:30 p.m. October 7 Maine Commission on Land Conservation and Economic Development. Public Hearing. Alfred. Call 289-1670. October 8 Coastal Access Forum, Saco City Hall. 7:00 p.m. - 9:00 pm. October 3-12 COASTWEEK '87 October 13 Maine Commission on Land Conservation and Economic Development. Public Hearing. Ellsworth. Call 289-1670. October 29 Growth Management Forum. Miller School, Waldoboro, 9:30 am. - 3:30 pm. COMMUNITY BULK RATE U.S. POSTAGE CONNECTIONS PAID State Planning Office PERMIT NO.A.. State House Station #130 AUGUSTA, MAINE Augusta, Maine 04333 M M-M EXHIBIT D-5 2. Bob-o-links and Wiflets by Art Garland Symbolic of the upland and lowland habitats at the Reserve are two birds currently breeding. In the upland meadows, now slowly being Invaded by bushes and young trees, you will find the Bob-o-link. While at the other end of the Reserve in the salt marshes, the t established a nesting ground. Just as the plant life of both of these sWill: ';;e t Wells National area ar di ren and do not mix so it is with the birds seen. You will start seeing the Bob-o-link as you walk from the new parking lot, past the Laudholm Farm barn* through the now overgrown pastures of the farm and head for the salt marsh further down the trail. The male is unmistakable - entirely black underparts and head with a distinct buff neck and white scapulars and rump. These latter field marks are most distinct when the bird is flying, creating a sort of flut- Estuarine Research Reserve tering pattern as he flies across a meadow. once you have seen a male Bob-o-link you will never forget him because of that distinct almost complete reversal of the customary location of field marks. For that - reason many people call him the "upsidedown" bird, while those who work with computors A D V I S 0 R Y B U I L E T I N call him the "computor bird" because his bubbling "bob-o-link" song has a computor- like timbre to it. In a 1936 edition of "Birds of America" I found a list of sobri- No. 8 July, 1987 quets ending with "Robert". How about that birders? So you saw a Robert this morning! Unhunh! But lets not stop there. Robert or Bob-o-link used to be considered the Dr. Jekyll The Wells National Estuarine Research Reserve is a combined effort by Federal, and Mr. Hyde of the bird world. As Dr. Jekyll, while on his breeding grounds here in State. and Local groups to protect and make accessible to the public one of the Northeast, his diet consisted (as It still does) of weevils. cutworms, grasshoppers, 00 the last undeveloped stretches of coastal land in Southern Maine. The primary etc. But when he followed his migration route south it took him through what formerly goal of the Reserve is to promote research and education in order to better were the principal vice producing states where he turned into a Mr. Hyde. He arrived in understand estuaries. Information learned through studies in the Reserve will this area just as the rice wad ready for harvest and be and his companions, now in large foster wiser management of coastal resources. flocks, would gorge themselves as they prepared for the long flight to their winter habitat in South America. For this reason the Bob-o-link was left off the list of bird This Advisory Bulletin is to inform you of events occuring at the Wells Nation- species granted protection under the Federal Migratory Bird Law of 1913. But in time al Estuarine Research Reserve. For further information, please contact Steve Meyer, most of the rice producing areas moved west of the Bob-o-link's migratory route. so he Manager WNERR, Post Office Box 1559, Wells, Maine 04090. Telephone (207) 646-4521. is a member in good standing on the list. CONTENTS Page Bob-o-links and Willets by Art Garland . . . . . . . . . . . . . . . . . . 2 'iminary Visitors Center Plans Complete . . . . . . Pre . . . . . . . . . . 4 Volunteers Prepare Visitors Center for Renovation . . . . . . . . . . . .. 4 Sec,_@rity System Donated . . . . . . . . . . . . . . . . . . . . . . . . .. 4 Pa6'ing Lot Complete . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Barn Upgraded For Educational Use . . . . . . . . . . . . . . . . . . . .. 5 Ove,look Construction to Begin . . . . . . . . . . . . . . . . . . . . . . 5 Maine Conservation Corps Starts Trail Work . . . . . . . . . . . . . . . . 6 Education Grant Awarded . . . . . . . . . . . . . . . . . . . . . . . . .. 6 Stone School Pilots Estuarine Study Program . . . . . . . . . . . . . . .. 6 Canadian Researcher Uses Reserve . . . . . . . . . . . . . . . . . . . . . 7 Bob-o-links at the Reserve breed in the meadows and fields. Their nests are well Sedimentation Research . . . . . 7 scattered in depressions throughout the meadows and at the time of this writing contain Eelgrass Study Reveals the Cause of Disease . . . . . . . . . . . . . . .. 7 4-7 drab-colored eggs splashed or spotted with marks ranging from umber to deep purple. 19CS Research Proposals Reviewed . . . . . . . . . . . . . . . . . . . . . 7 By the end of July the you'ng will have been hatched and families will join to form Waquoit Bay Manager Visits Wells . . . . . . . . . . . . . . . . . . . . . 8 flocks. These will start moving south out of our area by the end of August. The end New Maintenance Supervisor Hired . . . . . . . . . . . . . . . . . . . . . 8 of next May or the beginning of June they possibly will be back on the Reserve. I say Manager Attends Spring Meeting . . . . . . . . . . . . . . . . . . . . . . 8 Possibly because Bob-o-links, unlike many other bird species, do not always return to the,:ame area year after year. Next year they may be at the Reserve or they may choose fie s five or ten miles away. So if you want to see Bob-o-links, this is the year they have picked the meadows of the Reserve. 4. 3. Moving down the trail now we come to the salt marshes surrounding the estuary. Here Preliminary Visitors Center Plans Complete we find the breeding ground of one of the many shore and water birds that live in or migrate through the Reserve - the Willet. A member of the sandpiper family which is not noted for its colorfulness, the Willer is a contender for one of the drabest of this group. that is true only when you see this large member of the family (14-1614 inches) feeding on the estuary's mudflats. But once she takes to the air. she is a striking Preliminary architectural plans for the renovation of the historic main house at bird with her dramatically patterned black and white wings with a gray-tipped white tail. Laudholm Farm into the Reserve Visitors Center have been completed by Cynthia Howard, She is a noisy, assertive bird while in flight. In fact. duck hunters complain that architect for the project. The plans call for what is now the kitchen, the oldest part during fall migration this raucous bird scares away their prey. of the building, to be adapted into the reception area. C'n tructed in the 18th century many of the original features are intact. Exhibit space and an audiovisual room will also be located on the first floor. The second floor of the building will have offices, a small library. and caretaker's apartment. Scientists and visiting lecturers %rill find pleasant accomodations on the N@N third floor. Renovations are scheduled to begin this fall. Volunteers Preps-re Visitors Center for Renovation A crew of volunteers. led by Herb Duffil, has been working on a regular basis in the main house in preparation for renovating the Visitors Center. Large amounts of junk have been removed. old wallpaper and ceilings are being removed and deteriorated walls 00 and Porches demolished. This contribution of time and energy will result in significant savings in the final cost of the project. 7 7Z., Currently there is at least one. possibly two or more, breeding pairs on the Riserve's salt marshes. Their nests are frail structures of dry grass lining hollows in the sand under cl=ps of marsh grass. Each has 4 greenisb-white or dark brown-olive eggs spotted with patches of brown and lavender. Please don't look for these nests because the odds are you will only find them by stepping on them. But you needn't worry about getting too close to the nests, because one of the Willets will start flying and screaming around you. Juct start moving away from her raucous circular flight and you will be heading away fro7. the nest. In rv 1936 edition of "Birds of America" the Willer is listed as "another of our rapidl -anishing shore birds." Fortunately for us. concerned citizens and our govern- y % ment have established Refuges. Sanctuaries, and Reserves that have saved portions of the habitat of the Willet and other "vanishing" shorebirds of the '30's. Now, with the exception of some species, shore birds are fairly com:-on. So -.:hen you visit the Wells Reserve in sununer look for the once unprotected Bob-o- links up in the meadows around the Laudholm farm buildings and the Willets (who were a vanishinF species in the '30's) down in the salt marshes. When you see them realize Security System Donated that it was the efforts and work of many years that made it possible for you to enjoy these birds. New England Security of Sanford, Maine has pledged the donation of a complete fire and burglar alarm system for the Visitors Center and main barn. This state-of-the-art system will provide o round-the-clock' protection through a central monitoring system. Art Garland is a docent at the wells Reserve retired from a career in broadcasting It will be installed during the renovation of the visitors center. with General Electric. Art has been an avid birdwatcher for more than 50 years. 5. 6. Parking Lot Complete Construction of the 75 car parking lot and access road have been completed by Tilcon Yain:, Inc. The road and lot, designed by Land Use Consultants of Portland were bui lt to mi imize visual impact. The parking lot is bidden from view of the visitors center and final surfacing was done with tar and gravel giving the road and lot a more rural appearance. The project is the largest single donation to the Reserve to date. Land Use Consultants contributed a special wildflower seed mixture for planting around the parling lot. Maine Conservation Corps Starts Trail Work A Maine Conservation Corps crew began an eight week trail construction ;roject 00 on June 22. The crew is being supervised by John Abbott and Katie Sedlak. Jchn and LA) Katie will lead the crew in improving trails cleared by last year's crew. B:ardwalks and gravel with culverts will be used in wet areas. The trails will prbvide access to the overlooks and other areas of the Reserve. Education Grant kvarded The Reserve has received a $200.000 grant for the development of an estuarine Barn Upgraded For Educational Use education program from the Jessie B. Cox Charitable Trust of Boston, Massach-@setts. The grant, to be distributed over four years, will pay for design of Visitors Center exhibits, education and docent co-ordinator's salaries. interpretive trail dezign. and an audiovisual presentation. The project will result in a co '-c@rdinated a:proach to estuarine education for both the public and school children visiting the .--.@serve. The main barn has been cleaned, had its electric system upgraded, and a telephone installed. The building will now be available for educational use by docents and for special programs. Rick Moody of Moody Builders. Inc. of Wells has pledged to donate Stone School Pilots Estuarine Study Program the services of several of his carpenters to make further improvements on the building. Overlook Construction to Fegin The Stone Environmental School of O@;ean Park. Maine offered a estuarine study program at the Reserve this Spring. Run as a pilot project it was well re- ceived by the Reserve and attending schools. The day-long program introduce-4 276 students to the ecology of the marsh, mudflats. channel, and other components of A. contract for construction of three wooden overlooks has been given to the Beaver the estuary. The Reserve and Stone Schoul plan to offer the program on a more freq- Corporation of Malden. Massachusetts. The overlooks will be constructed on the Little ent basis this Fall. and Webbannet Rivers. Each will have an interpretive sign about estuaries. The over- looks will be built using funds from the Waterfront Action Grant program of the office of ocean and Coastal Resource Management matched by Laudholm Trust. Completion is plan- ned for this summer. 7. Canadian Researcher Uses Reserve Waguoit Bay Manager Visits Wells Peter Baye. doctoral candidate at the University of Western Ontario, made a trip to the Reserve to collect specimens of American beach grass. Mr. Bays is comparing it Ilo Howard, Manager of the Waquoit Bay (Massachusetts) National Estuarine Research to its European cousin. Reserve visited the Wells Reserve in March. Massachusetts is in the process of acquir- During his visit in April Mr. Baye shared his knowledge of the evolution and ecology ing the historic Swift estate. Ilo came to Maine to learn about plans for adapting the of Laudholm Beach in a special program sponsored by the Reserve. historic Laudbolm Farm to meet the needs of the Wells Reserve and get ideas for the Waquoit Bay Reserve. Sedimentation Research Dr. Duncan FitzGerald of Boston University has recently.begun his studies of New Maintenance Supervisor Hired sediment transport in the waters of the Wells Reserve. Dr. FitzGerald and two grad- uat4f students will firAt take measurments in the Wells Harbor area of the Webhannet Rivee wl%@c bis ffrdings will be of interest to the Town. The Town and U.S. Amy Cort+ _% Frt2inec@s ave considering dredgit,& the harbor which once was the hr-me of a Curtis Cain of York Beach. Maine was hired as the Reserve's new Maintenance Small @CnMeltrial flsMng fleet. Dr. FitzGerald will also be studying the movenwt of Supervisor. Curt was most recently an electrician at the Portsmouth Navel Ship- sedimcn,L within Llmt Little River. yard. He brings 8 years of experience in all aspects of maintenance from a pre- vious position at the Marsalin Institute in Holliston, Massachusetts. [email protected] Study Reveals the Cause of Disease 00 Dr. Frederick Short of the University of New Hampshire's Jackson Estuarine Manager Attends Spring Meeting Laboratory has isolated the organism responsible for eelgrass wasting disease. A type of marine slime mold It causes extensive loss of eelgrass beds in the 1930's. Dr. Short is studying the disease with funding from the National Oceanic and Atmos- Reserve Manager Steve Meyer attended the spring meeting of the New England pheric Administration (NOAA). Estuarine Research Society in Boothbay Harbor, Maine. Meyer also made a present- He will be transplanting healthy specimens into the waters of the Wells Reserve ation about the Wells Reserve at the Maine/New Hampshire Sea Grant meeting in May. to see if the disease causing organism is present here. Herbarium records indicate that eelgrass was more common in the Reserve in the past. 1988 Research Proposals Reviewed NJne proposals for scientific studies in the Reserve were received for the 1988 funding cycle. Topics ranged from fishery studies to the effects of diatoms on sedi- mentation. Each proposal was reviewed for scientific merit, appropriate methodology, and other factors bv the Reserve's research committee. Reviews were forwarded to the Marine and Estuarine Management Division of NOAA where final decisions on funding will be made. EXHIBIT D-6 V STATE OF MAINE Department of Environmental Protection "4rl OF %I,%*" (AMN 0 FICE: My BUILDING HOSPITAL STREET, AUGUSTA MAIL ADDRESS: SNI. -... SIM... 11. Aug.-. WM JOHN R McKERNAN, JR. DEAk C. "AR017 Go. E.N@ COMM SSIONER MEMORANDUM TO: Robert Blakesley, State Planning Office FROM: PaulaPPWK, Director Bureau of Land Quality Control Department of Environmental Protection DATE: September 9, 1987 SUBJ: Coastal Zone Management Quarterly Report May 1. 1987 through July 31, 1987 This is the last quarterly report required by the 1986-87 memorandum of understanding between the State Planning Office and the D.E.P. Land Bureau. The final narrative for the whole project period will be submitted separately. CID Ln This project consists of the following: 1. Tabulation Of D.E.P. complaints received. 11. Tabulation of D.E.P. compliance inspgctions and enforcement actions. III. Tabulation of D.E.P. permit applications IV. Status of consent agreements. V. Narrative description of major enforcement and licensing activities. VI. Report of statutory changes related to the core laws. VII. Report on federal consistency review and coordination activities. VIII.Narrative description of Shoreland Zoning activities. The following items will be sent to you separately: a) the final narrative report for the entire project period; b) an accounting of actual expenditures; and c) a request for the transfer of funds. REGIONAL OFFICES Memo to Robert Blakesley September 9. 1987 Memo to Pobert Blakesley Page 4 September 9, 1987 111. D.E.P. permit applications in the coastal area May 1. 1987 through July 31. Page 2 1987 1. D.E.D. Complaints in the Coastal Area: Law/Type Downeast Central Southern Total May 1, 1987 through July 31, 1987 - - Status Downeast Central Southern Total Coastal Wetlands Law 14 20 34 68 Resolved 30 13 5 48 Sand Dune Law - - 50 50 Great Ponds Law 2 5 - 7 Pending 42 18 60 120 Deadfile 3 3 55 61 Stream Alteration Law 6 6 8 20 Freshwater Wetlands Law - - 3 3 Total 75 34 120 229 Hydro/Dams Law 3 3 Site Location Law Mining/Gravel Pits - - 3 3 Industrial /Commercial 7 1 19 27 Residential 2 3 18 23 Memo to Robert Blakesley Solid Waste 5 6 5 16 September 9, 1987 Other I I Page 3 143 Total 37 41 -1-93- 221 11. D.E.P. Compliance inspections and enforcement actions in the coastal area 00 May 1. 1987 through July 31, 1987 Region/ Compliance Consent Agreement Pending Referrals to Statute Inspections Attempted Resolved Attorney General Downeast: Site 3 - - Wetlands 3 2 2 Solid Waste 25 2 2 Coastal: Site 2 1 - I Wetlands 4 1 - 2 Solid Waste a - - 2 Southern : Site 5 - 5 Wetlands 4 - 4 Solid Waste - 8 - 8 Total Coastal Site 5 6 - 6 Wetlands 7 7 - 8 Solid Wastes 33 10 - 12 - Total 45 23 0 26 0 .memo to Robert Blakesley Memo to Robert Blakesley September 9, 1987 September 9, 1987 Page 5 Pa ge 6 1 IV. Status of consent agreements: 17. Wallace A. Putnam May 1, 1987 through July 31. 1987 Wells - Coastal Wetlands The following consent agreements are pending: 18. Albert Farrah - Tenny Construction Kittery - Freshwater Wetlands Law 1. Robert Rosenthal and Bo-Ed, Inc. Brunswick - Site Law 19. Stanley Douglas Scarborough - Solid Waste Law 2. Rebecca- Frost, John Furbush, Merritt Shapleigh, Jr. Eliot - Site Law 20. Robert Levesque South Berwick - Solid Waste Law 3. Ellis Equipment and Demolition Removal Arundel - Solid Waste Laws 21. Town of Perry Perry - Solid Waste Law 4. Michael Coggeshall Wells - Solid Waste Laws 22. Ocean Products, Inc. East Machias - Protection & Improvement of Waters. Section 413 5. Verrymeeting Developers, Inc. Berwick - Site Law 23. Kleinschmidt Associates East Machias - Protection & Improvement of Waters, Section 413 6. Bruce Publicover Scarborough - Sand dunes Law 24. Thomas Dicenza, Inc. East Machias - Protection & Improvement of Waters, Section 413 7. Lucien Thibeault Harpswell - Coastal Wetlands 25. City of Calais Calais - Solid Waste Law 8. Maine Energy Recovery Co. and General Electric 00 Biddeford - Solid Waste & Site Law 26. Amy Trafton Swan's Island - Coastal Wetlands Law 9. Reginold Cain Arundel - Solid Waste Law 27. Lawrence Stanley Swan's Island - Coastal Wetlands Law 10. John P. Martin Saco - Coastal Wetlands Law 28. Mill Cove Associates Boothbay Harbor - Coastal Wetlands Law 11. Kfroury Wennshenk Cape Elizabeth - Site Law 29. Town of Boothbay Boothbay - Solid Waste Law 12. Kent Hilton, Lee Adams Yarmouth - Solid Waste Law 30. Town of Belfast Belfast - Solid Waste Law 13. Parkview Realty Brunswick - Site Law 31. J. Grant Burke Trust Bristol - Site-Subdivision 14. DwiInton Williams 32. John McConshie Wells - Coastal Wetlands Law St. George - Coastal Wetland Law 15. Consolidated Excavators, Inc. Old Orchard Beach - Stream Alteration Law The following consent agreement was resolved: 16. Town of Scarborough Laval Duke Scarborough - Solid Waste Law Biddeford - Stream Alteration Law Memo to Robert Blakesley September 9, 1987 Memo to Robert Blakesley Page 7 September 9, 1987 V. Narrative description of major activities: Page 8 May 1, 1987 through July 31. 1987 Licensing activities: Enforcement activities 1. William Seaward, Jr. has proposed a marina with 6500 linear feet of dockage, to provide 134 berths for boats from 25 to 120 feet in length on 1. Donald Hall - Phippsburg - Badger's Island in the Piscataqua River in Kittery, Maine. The surface area of the portion of the area on the water will be 3.2 acres (+). The The Board of Environmental Protection appealed a Superior Court decision in intertidal and subtidal area will be dredged to 8 feet below MLW_, requiring 1986 - that it had created a 'taking" of the Halls property by denying them disposal of 50,000 cubic yards of material at the Cape Arundel offshore a "sand dunes" permit in 1983. The Maine Supreme Court found that no disposal site. The shoreline of the entire property will be riprapped at a "taking" had occurred and upheld the right of governmental entitles to 2:1 slope between MLW and the top of the bank. The Bureau of Public Lands prevent environmentally damaging activities by private owners as long as has granted a submerged lands lease (#19-16) and a dredging lease (3-92D) their land has some remaining uses. The Halls must now remove the for this project. The applicant now wishes to modify the permit to structure they built without the proper permits. excavate part of the bank and install a seawall to provide more water space for the marina. 2. Ocean Products, Inc. - East Machias 2. Saco Seawall: Ocean Products. Inc. obtained an Alteration of Rivers. Streams and Brooks permit to construct a fish hatchery on Chase Mills Stream, which drains The U.S. Amy Corps of Engineers proposed to construct an 800 foot long into the tidal area of the Machias River. As a result of a complaint pre-cast modular concrete seawall to replace an existing deteriorating rock investigation, Staff discovered that Ocean Products, Inc. had not properly wall located along Surf Street adjacent to Ferry Beach in Saco. Since the constructed the hatchery. and had caused a massive siltation event that project was indirect conflict with the Maine Sand Dune Rules, due to the reached out into Machias Bay. We have consequently learned of 2 previous damage it could cause to the beach system, the Department did not concur siltation events, and have witnessed a fourth event. Because of the with the Corps Consistency Determination. In order for a concurrence to be magnitude of the violations, the staff person has written consent issued the project would need to be modified to utilize existing rock agreements with all the parties involved; Ocean Products, Inc. on-site rebuilding the existing wall to its original dimensions. The City 00 Kleinschmidt Associates and Dicenzo, Inc. Oceans Products consent agreement of Saco currently has applied to the Department to rebuild the wall co requires in part. utilizing the existing rock. A meeting with the Corps, the City of Saco and Department staff is tentatively scheduled for August 13th to discuss 3. Sawyer Environmental Recovery Facilities, Inc. - Hampden - other alternatives to deal with the areas erosion problems. A consent agreement signed in January, 1986, required, in part. that SERF 3. Atlantic Condos: prepare a remedial action plan for the landfill. Staff has needed to provide tremendous amounts of guidance to SERF in the development of an This proposal is for a 96 unit 8 story residential condominiums, 2 two appropriate plan. The plan has been submitted and will go to the Board of - story parking garages and an artificial dune located on Old Orchard Beach. Environmental Protection for their review and approval on August 12, 1987. Sea level rise, beach erosion and retreat. flooding, and interference with natural dune processes are the central issues. Secondary issues are the 4.' Town of Richmond - obstruction of scenic view. and shading of the beach and adjacent structures. 5 experts commented on sea level rise impacts. Resulting in a Richmond had entered into a Consent Agreement on November 1982 requiring denial is being recommended to the Board of Environmental Protection. their dump be closed and it allowed interim operation of a *stump dump". Staff concluded the project may be in the Intertidal Zone within 100 The deadline for closure of the stump dump in November 1987. The town has years. Cascade Woods. Saco. yet to submit an application for a new site or closing plan for the current site. Either the existing Consent Agreement will need modification or a 4. D&J Associates, Old Orchard Beach: new one will be drafted. D&J Associates proposes to remove existing summer cottages from a 2.25 acre 5. Town of St. George beach side lot and a 0.41 lot across the street. On the beachside lot, the applicants propose to construct a 7-story, 115 unit condominium building St. George is another Town that had entered into a Consent Agreement for with a 40,573 square foot footprint, while the other lot will be diverted solid waste violations at their dump and due to staff changes was never to overflow parking. The beachside lot features a vegetated frontal dune fully followed up on. They had received approval for a landfill but failed and a single seawall 50 feet in length (the total shore frontage is 365 to start within 2 years and is therefore void. The Town is to vote in feet). The project is presently out to review and will be dealt with by August on pursuing either landfill or transfer station. A consent the Board of Environmental Protection in December, with the key issue being agreement will need to be drafted locking the town into closure and staff the effects of sea level rise on the project. follow up is needed. Memo to Robert Blakesley September 9, 1987 Page 9 Memo to Robert Blakesley 5. The Woodlands, Falmouth September 9. 1987 Page 11 On April 22, 1987, the Board approved an application to develop an 18-hole VII. Federal Consistency Review and Coordination Activities 5/2/87 to 7/31/87 golf course and a 95-lot residential subdivision on a 350-acre parcel of land in Falmouth. The approval was subject to several conditions, 5/5/87 met with representatives of the U.S. Amy Corps of Engineers and the including a condition which required the purchase and preservation of 140 Department of Marine Resources to discuss renewal of the Federal acres of nearby habitat to offset the destruction of important deer Consistency Concurrence/Water Quality Certification from dredging the wintering habitat on the project site. Piscataquis River. On May 22, 1987, the Natural Resources Council of Maine (NRCM) petitioned NRCM argued that the modification of a Federal Consistency Administration/Water Quality the Board to reconsider and reverse its decision. 6/E7 spoke with the Federal Aviation Admi ni strati on's representative on Board has illegally established a dangerous precedent allowing the Certification order issued in April 1987 for construction of intersection destruction of one-half of wildlife habitat remaining in the organized lights in Portland. territories of Maine. On June 26, 1987, the Board considered NRCM's petition and dec .lared to 7/2 received FAA modification request. reverse its prior decision.. The Board disavowed that the Woodlands 7/8 wrote a letter to the U.S. Amy Corp of Engineers concerning their decision has established a rule to be applied to all future Site Location request for a Federal Consistency Determination/Water Quality Certification applications. The Board Concluded that the preservation of 140 acres of for dredging of ??. The letter requested that an ? extension be granted deer habitat offsets the destruction of deer habitat on the project site and ? alternative dredge spoil disposal sites be explored. and supports a finding that the development would not adversely effect the natural environment in the Falmouth area. 7/9/87 issued a nonconcurrence to a Federal Consistency Determination concurrence request from the U.S. Amy Corps of Engineers to construct a seawall at Camp Ellis in Saco. Issued a renewal of a Federal Consistency Determination concurrence and 00 Water Quality Certification to the U.S. Amy Corps of Engineers for Dredging of the Piscataquis River in Kittery. Memo to Robert Blakesley September 9, 1987 Page 10 VI. Statutory changes There were several statutory changes passed by the 113th Legislature. With one exception - the Solid Waste Bill - they were all minor. Copies of eight pieces of legislation will be sent to you under separate cover. They are P.L. 1987, Ch. 94, 130, 192, 287, 346, 381, 514 and 517. Attached is a booklet entitled Legislative Summary at Bills impacting the D.E.P. Each of these bills is highlighted in the booklet, and the Solid Waste Bill is outlined in detail on pp. 13-14. There were no changes in regulations affecting the Coastal zone during this period. Memo to Robert Blakesley % Memo to Robert Blakesley September 9, 1987 September 9, 1987 Page 12 Page 13 VIII. Shoreland Zoning Report Under C7 Requirements 5/1/87 - 7/31/87 Also during this reporting period the Shoreland Zoning 'ask Force met and established several policies regarding the minimum ordinance requirements. The The State legislature received several bills relating to shoreland zoning task force maintained that: during the legislative session which ended during this reporting period. One of those bills was submitted by Governor McKernon and included some 1) The minimum lot size requirement for residential lots pertains to the significant proposals for change in the mandatory shoreland zoning statute. general development district as well as the limited residential district. Unfortunately the legislature did not have time to closely study the Governor's proposals and instead decided to delay action on the issue until 2) A resource protection district which surrounds wetlands of significance to the next legislative session in January 1988. Although no major legislative water-fowl must extend 250 feet inland for the normal high watermark. changes were made to the shorland zoning statute by the past legislature, several minor statutory changes were adopted. Those changes include the 3) Boat houses must meet set-back requirements while bait sheds may be located following legislature documents. adjacent to waters. 1. LD 138, PL 1987 Chapter 94, asserts the authority of municipalities to 4) In the resource protection district the clearing of vegetation shall be regulate structures built on, over or adjacent to piers, docks or wharfs limited to that which is necessary for uses expressly authorized in that even if the local ordinance regulating such structures was adopted prior district. This policy is significant in that it address vegetation rather to 1985. than only trees. The model ordinance is presently being modified to reflect 2. LD 1336, PL 1987, Chapter 182 requires municipal subdivision and zoning this policy. cariances to be recorded at the Registry of Deeds. Initial work has begun for revisions to the State's model ordinance. Public meetings are being held in 13 locations through-out the state. We expect to 3. LD 1761. PL 1987, Chapter 381 requires inspectors and certification of adopt ordinance revisions before April 1988. septic systems prior to the transfer of property within the shoreland zone. 4. LD 1868, PL 1987, Chapter 419 prohibits timber harvesting in resource (D protection districts adjacent to ponds. We are hopeful that more sweeping legislative changes will occur this spring. In other areas, the shoreland zoning unit has made greater progress. With second staff member hired contacts with municipalities have increased. The units ability to provide technical assistance to municipalities has doubled. Furtherynore, the backlog of local ordinances which are in need of review has been greatly reduced. Shoreland zoning ordinances for the towns of Ashland, Boothbay Harbor, Brunswick, Carrabasset Valley, Frenchboro. St. George, Wells and York have reviewed and recommended changes have been made to the respective towns. Also during the reporting period efforts have been made to establish a shoreland zoning newsletter. We believe that a greater effort must be made to keep local officials informed on shoreland zoning matters. The newsletter will be published several times per year and will include information such as changes in State zoning requirements, State interpretation of ordinance language, questions and answer sections, and a feature article with each issue. The first feature article deals with proper record keeping by local administrators such as planning boards, boards of appeals and code enforcement officers. The first newsletter is presently being printed and will be mailed to all municipalities in early September. We have worked cooperatively with the State Planning Office and the Department of Inland Fisheries and Wildlife (IF&W) to promote the Penobscot Bay Conservation Plan. The Plan drafted by IF&W includes: 1) a comprehensive and systematic identification and evaluation of coastal wildlife species and their habitats and 2) specific land and water-use guidelines based on the relative national. state, regional and local significance of geographically delineated coastal wildlife habitats. The report based on actual field data, provides much needed ustificativ rfquigd for land use rule and gecisips. @wojub@i ee n@ings,for iown officia s n t e Penobscot Bay areashave een he d an t s oreTa z n ng unit has offered its support and assistance to those towns wishing to incorporate the study recommendations into their ordinances. STATE OF MAINE Shoreland Zoning NarratT! KrIJUVIL EXHIBIT D-7_ August '86-duly 87) (-'-"1Department of Environmental Protection '61 1 The Shoreland Zoning Program has now been administered by the Department of MAIN OFFICE: RAY BUtLDING HOSFITAL STREET AUGUSTA Environmental Protection for more than a year, having been transferred from the MAIL ADDRESS: Slata, S111.11 17 A19-9 04333 State Planning Office in May of 1986. During the past year, a significant J0,IN R MCP@ERNAN, JR. DUN C'MARRIOTT portion of time has been devoted toward drafting the Biennial Shoreland Zoning Or COMM SSIONER Report to the Legislature (copy attached) as required by state law. The report contains numerous recommendations which the Department believes will enhance TO- Rob t Blakesley, State Planning Office the shoreland zoning program. Many of the recommendations will require action on the part of the legislature. Major recommendations include: FROM: Paula ark, Department of Environmental Protection 1. increased technical assistance to municipalities. DATE: October 14, 1987 2. creation of a more effective enforcement mechanism in order to gain greater compliance on the part of municipalities. SUBJ: Final narrative report of activities within the Shoreland Zone 3. updating the state's minimum guidelines ordinance. for the 186-187 M.O.U. 4. expanding the regulated shoreland area. 5. establishing the Board of Environmental Protection as the sole decision-making authority under the shoreland zoning program. 6. undertaking a comprehensive review and evaluation of present municipal This report is the final work product required under the Memorandum of ordinancesfor consistency with the guidelines ordinance. 7. requiring ordinance amendments to be approved by the Department before understanding for the '86-'87 Coastal Zone Management Grant (Oct. '86 becoming effective. through July '87). It is broken down into four parts; Efforts during the coming year will be centered on realizing the above goals. It is hoped that the legislature will enact the needed changes to the Act when I - Report on the Shoreland Zoning Program; it reconvenes in 1988. 11 - Major enforcement, licensing and consistency issues; There were few legislative actions during the recently adjourned session which affect the shoreland zoning program. The following laws which will directly or III - Major activities of the Assistant Engineer; and indirectly affect shoreland areas were adopted. however. IV - Strategy for securing state funding for full-time positions. 1. LD 138, Public law 1987, Chapter 94, ratifies local ordinances which regulate structures on piers, docks. etc., even if such ordinances were adopted prior to 1985 legislation which specifically allowed the local regulation of such structures. 2. LD 1336. Public Law 1987, Chapter 182, requires municipal subdivision and zoning (including shoreland zoning) variances to be recorded at the Registry of Deeds. 3. LD 1761, Public Law 1987, Chapter 381, requires inspection and certification of septic systems prior to transfer of property within the shoreland zone. 4. LD 1764, Public Law 1987, Chapter 514, amends the local subdivision law to require review of 40 acre "spaghetti" lots with water frontage. 5. LD 1868, Public Law 1987, Chapter 419, prohibits timber harvesting in districts zoned for resource protection adjacent to ponds. PC:TS/lo REGIONAL OFFICES Portland Bangor Presque Isle cthcr matLers pertainin@, to shoreland zoninS, the shoreland zoninr task forcc iret thrce tir.es during the period covered by this reprrt. -erhaps the Throughout the year staff efforts have been directed toward assisting local mos', ik:pcrtant action by the task force was the decision the' a municipality officials with shoreland zoning administration. Increased shoreland coul-I not include land areas below normal high water in lot area calculations. development, both inland and along the coast, has caused many municipalities to T ,he city of @outt ortland Vad allowed for up to 251' of the intertieal area to reassess their shoreland requirements. Coastal towns, such as Deer Isle, be included in the lot area calculation. 'outh "ortland was required to remove Eastport, Georgetown, Kittery, Tremont, Eliot, and York have sought D.E.P. this allowance from the shoreland ordinance establishing a clear state policy assistance. Many of the southern coastal towns have undertaken major efforts a6ainst such a practice. to strengthen local ordinances. Unfortunately, numerous proposals for change have been defeated by the voters, a sign that personal interests may still The task fcrce also concluded that the present "clearing" standard in the outwiegh concerns for protection of shoreland areas. However, the defeat of miri:%ujr. ordinance is not adequate and should be amended to address the cutting some ordinances may have simply been the result of unrealistic proposals which of vegetaticr. other than trees larger than six inches in diameter. may need to be relaxed. The task force also devoted the greater part of one meeting discussing A review of current ordinances administered by communities along the central availatle enforcement mechanisms for use against municipalities which and downeast coastline has revealed two areas of concern which need to be re@catedly fail to administer and/or enforce its shoreland zoning ordinance. addressed. The first concern is that many towns have not updated their The conclusion of the task force is that present enforcement mechanisms are shoreland ordinance since their adoption in the mid-seventies. Secondly, inacequate and that legislative change is necessary if the- state is to provide numerous other towns have ordinances which do not meet minimum standards. For a rcal threat to towns which do not address shoreland zoning activities example, the towns of Lamoine and Bristol allow commercial activities serlously. throughout the shoreland zone and Bremen has not established adequate "resource protection" districts, particularly relating to wetland protection. Efforts 'everal policies were adopted by the task force which directly relate to the will be made to get these towns to strengthen their ordinance. mir"mum. ordinance. These policies include the follo@Jng: In addition to assisting municipalities with administrative duties, the 1. in districts zoned as resource protection. the clearing of vegetation shoreland zoning unit has also helped with enforcement needs. The most shall be limited to that which is necessary for uses expressly noteworthy example is the assistance provided to the town of Jonesboro when a authorized in that district. developer conducted excessive clearing activities in a resource protection zone. With assistance from both the shoreland zoning staff and the Attorney 2. Pesidential lot standards apply to both the limited residential General's office, the town of Jonesboro and the violator entered into a consent district and the general development district. In the general agreement. The consent agreement required the area to be replanted by the development district lot dimension requirements in local ordinances developer and in addition required a $5,000.00 penalty. may be relaxed only after review and approval by the task force. In the coming six months a major effort will be directed at revising the Land areas within 250 feet of wetlands designated as "resource present minimum ordinance. Fifteen public meetings are scheduled in October to protection" districts shall not be considered for building as if that gather input toward the revisions. Furthermore, an advisory committee is land area were in the residential district. Thus, buffer strips 250 presently being formed to help guide the revision process. The Department feet wide should be established around wetland areas, particularly expects the revised ordinance to be in final form by the late spring of 1988. those of moderate to high value for waterfowl. 4. New boa* houses must be set back 75' from the normal high water mark. Cail, sheds, on the hand, need not be set back 75 feet. Addi'ional activities during the reporting period included participation in infon.-ati(:ndl meetings in all areas covered by the regional councils. Attended mostl%- by municipal officials, these reetings were designed to inform local offi -1als atvout , eine's core laws, including the Shoreland Zcning Act. Staff also ccn@ducted workshops specific to shoreland zoning in cooperation with several regional Louncils. Other worl.shops included four sessions in mid-castal @aine sponsored by the 'oil and ';@ater Conservation -istricts. -2- -3- SZNARRATI The two ma'Jor issues facing the coastal zone are the continuing solid waste disposal problems and the northward expansion of the land development boom. The Legislature dealt seriously with the solid waste question with '.L. 1987, Ch. 517; and if the voters approve the upcoming and subsequent bond issues, much progress can be made in the long term. "ealing with development pressures will require some fundamental policy and 13UREAU OF LAND QUALITY CONTROL statutory changes in the Site Location of Cevelopment Law and in the various wetland-type laws. DIVISION OF TECHNICAL SERVICES Another issue of concern is the marked increase in the number of complaints CZM REPORT received for the coastal area, as shown by the following table: ASSISTANT ENGINEER POSITION October 198C through January 1987 - 161 complaints (4 months) AUGUST 1, 1986 - JULY 310 1987 February 1987 through April 1987 - 176 complaints (3 months) COMPILED BY: DAVID BURNS i@ay IS87 through @uly 1987 - 229 complaints (3 months) This has a direct impact on how thoroughly the enforcement staff can perform compliance inspections on licensed projects, do solid waste inspections, and follow through with enforcement actions and consent a3reements . It is noteworthy here that the Joint Standing Committee on Audit and Program Review is examining the Department's enforcement program. The following list covers the most important applications, enforcement SUMMARY act-.ons, and consistency reviews to take place over the term of this :'. U. 0. In the interests of brevity, I will not rewrite the descriptions The Assistant Engineer's work involved review of new applications, inspections UJ for these pro:ects but will instead refer you to one of the three reports of both new applications and enforcement issues, pre-application zonfererces, already submi@ted (;.arch 23, 1987; June 2C, 1987; or September 9. 1987). and educatiorat/trainirg seminars. 5B% of the projects were done ir support of the Division of Licensing & Review. Support for the Division of Enforcement Enforcement Actions and Field Services consisted of 31% of the workload. The remaining 11% was spent or, educational training (See Table 1). 'onald Hall, Phippsburg - ;;arch and September .All Cove Associates, Coothbay Harbor i.arch Town of Boothbay - I.arch and June Laine Energy Recovery Co.. Biddeford ::arch Ocean 'roducts, Inc., East -achias - June Consistency Reviews .rmy Corps of Engineers, Camp Ellis seawall, Saco 2une and September @ermit Applications Creat :iamond Island, Casco Bay - "arch Swift iver Co., Bangor - ;:arch Long :harf, iortland - '@arch ,own East -eat, Deblois - :.arch Sable Caks Properties, South Portland - ;:arch Caycenter Condos, Belfast - June Atlantic Condos, Old Orchard Beach - September The Woodlands, Ialmouth - September TAaLE 1 Licensing Issues Application Review As reflected in the numbers shown in Table I, the coastal zone is receiving a significant amount of development, particularly in the housing market. Subdivisiors/Housing Complexes 10 Residential subdivisions/housing complexes comprised 42% of the new Industrial Projects I app 'ica' , or' s received during the reporting year. Reviews of these applications Mining 2 were primar, ty for stormwater runoff, erosion/sedimentation control, and ground Office Parks 1 water coP:;der:tiors.otWhiLe reviews of erosion control plans are usually quite Solid Waste 7 straightf war , the her two categories require a much more detailed MisceLLapeous 3 anaLysis. Stormwater reviews must evaluate stream flow routirg, peak flow - qu:ntitieso storage requirements, as well as downstream effects of Subtotal 24 po t-deveLopment flow. Depending on the density of the development, ground % of total 27 water considerations include contamination potential of the wells from the septic systems if both or-site watts and septic systems are proposed. Inspections Another major issue has been the disposal of solid waste. White comprising only 29% of the new applications, these facilities have consumed a significant Solid Waste amount of revi time. These applications have consisted of transfer stations, Industrial 2 Landfills and :wrefuse-derived fuel waste-to-energy ptaPt. Miscellaneous I Miscellaneous projects comprised 13% of the Pew applications. Projects in this Subtotal 14 category included, among others, review of maintenance dredging of waterways, a % of subtotal 16 wastewater treatment facility, and demolition debris disposal sites. Enforcement Issues Enforcement Projects in this category accounted for 31% of the total workload. Projects Subtot at 13 included review of a stormwater maragement case, a Landfill closing plan, and % of total 15 several inspections of Licensed, operating Landfills. Due to the nature of enforcement issues, much of the time spent or, these projects was in the fieLd. Pre-AppLication Conferences EducationaL Training Subtotal 28 Educatiorat training is essential to effectively do technical reviews of the % of subtotal 15 wide variety of projects which fall under the site taw. During the reporting period, ten short courses/training sessions were attended. These sessions included information regarding erosion and sedimentation control, computers, Educatiopat Training Lardfitts, soils, as well as a number of sessions regarding laws administered by the Land Bureau. Subtotal 10 % of subtotal 11 Case History The following case history is representative of the projects reviewed by the TOTAL 89 Assistant Engineer. The unusual aspect of this project was that it included support for both the Licensing and Enforcement Divisions. Willow Grove Subdivision, Brunswick In March, Verrier Construction Company submitted an application for Willow Grove subdivision which was to be Located off McKeer Street in Brunswick. The application was for 87 single family homes on 31 acres in 9 separate phases. After reviewing the application, staff discovered that the consultant estimated that this project would cause a 45 cfs increase in stormwater runoff at the peak hour. The consultant had proposed to route this stormwater runoff to an existing detention basin at the Woodside subdivision, which is Located to the south of Willow Grove. The problem with this proposal was that Woodside subdivision was a DEP approved subdivision that already had some very significant problems with their stormwater detention basin. In June, summarized review comments ard additionaL information required was sent to the project manager concerning the proposed modifications to the Woodside detention basin. In response to the Engineer's comments, the IV The Department will be submitting a Supplemental Budget Request to the applicant submitted design plans and specifications concerning the stormwater Second Regular Session of the 113TH Legislature requesting that the C.Z.::. management plan. positions which have been filled Tor two years or more be transferred to State funding. The problem with the proposed charges was that the contractor wouLd not be able to complete the modifications for several morths. AppLicart asked for approval of Phase 1, since it drained to a differert drainage area, and the other phases would be cortingent upon completion of the proposed modifications. In Late June, the DEP issued an Order permitting the project with a condition that stated that Phases #2 through 9 shalt not be constructed urtiL the applicant submitted irformation demorstratirg that the drainage structures at the Woodside subdivision are operating properLy. In October Mr. Verner compLeted the modifications to the detention basin. The Assistant Engireer inspected the drainage and detention controls and found them complete and operational. As a resuLt, Mr. Verrier was Able to start work on phases 2 through 9 of this subdivision. The Assistant Engineer also inspected the drainage and detention cortroLs during the flood of ApriL 1987. The rainfaLL during that storm was equaL to the design storm event of a 25 year, 24 hour rairfaLL. The structures were fourd to be operating as designed and no significant probLems were roted throughout the subdivision. Ln EXHIBIT D-7 41 STATE OF MAINE Shoreland Zoning Narrative Report 1. (August '86-July '87) Department of Environmental Protection The Shoreland Zoning Program has now been administered by the Department of MAIN FFICE: RAY BUILDING. HOSPITAL STREET AUGUSTA Environmental Protection for more than a year, having been transferred from the MAIL ADDRESS: S1,te H-* S111,11 17. A.g.lta 04333 State Planning Office in May of 1986. During the past year, a significant JOHN A. MCKERNA JR. DEAN MARRIOTT portion of time has been devoted toward drafting the Biennial Shoreland Zoning GOVERI.OR CO-SS10HER Report to the Legislature (copy attached) as required by state law. The report contains numerous recommendations which the Department believes will enhance TO: Rober .)t Elakesley, State Planning office the shoreland zoning program. Many of the recommendations will require action on the part of the legislature. Major recommendations include- FROM: PaularINark, Department of Environmental Protection 1. increased technical assistance to municipalities. DATE: October 14, 1987 2. creation of a more effective enforcement mechanism in order to gain greater compliance on the part of municipalities. SUBJ: Final narrative report of activities within the Shoreland Zone 3. updating the state's minimum guidelines ordinance. for the '86-'87 M.O.U. 4. expanding the regulated shoreland area. 5. establishing the Board of Environmental Protection as the sole decision-making authority under the shoreland zoning program. 6. undertaking a comprehensive review and evaluation of present municipal This report is the final work product required under the memorandum of ordinancesfor consistency with the guidelines ordinance. Understanding for the '86-'87 Coastal Zone Management Grant (Oct. '86 7. requiring ordinance amendments to be approved by the Department before through July '87). becoming effective. kZ It is brokc!n down into four parts; Efforts during the coming year will be centered on realizing the above goals. C') It is hoped that the legislature will enact the needed changes to the Act when I - Report on the Shoreland Zoning Program; it reconvenes in 1988. II - Major enforcement, licensing and consistency issues; There were few legislative actions during the recently adjourned session which affect the shoreland zoning program. The following laws which will directly or III - Major activities of the Assistant Engineer; and indirectly affect shoreland areas were adopted, however. IV - Strategy for securing state funding for full-time positions. 1. LD 138, Public law 1987, Chapter 94, ratifies local ordinances which regulate structures on piers, docks, etc., even if such ordinances were adopted prior to 1985 legislation which specifically allowed the local regulation of such structures. 2. LD 1336, Public Law 1987, Chapter 182, requires municipal subdivision and zoning (including shoreland zoning) variances to be recorded at the Registry of Deeds. 3. LD 1761, Public Law 1987, Chapter 381, requires inspection and certification of septic systems prior to transfer of property within the shoreland zone. 4. LD 1764, Public Law 1987, Chapter 514, amends the local subdivision law to require review of 40 acre "spaghetti" lots with water frontage. 5. LD 1868, Public Law 1987, Chapter 419, prohibits timber harvesting in districts zoned for resource protection adjacent to ponds. PC:TS/10 Throughout the year staff efforts have been directed toward assisting local In other matters pertaining to shoreline zoning, The shoreland zoning task officials with shoreland zoning administration. Increased shoreland force met three times during the period covered by this report. Perhaps the development, both inland and along the coast, has caused many municipalities to development, both inland and along the coast, has most important action by the task force was the decision that a municipality reassess their shoreland requirements. Coastal towns, such as Deer Isle, could not include land areas below normal high water in lot area calculations. Eastport, Georgetown, Kittery, Tremont, Eliot, and York have sought D.E.P. The city of South Portland had allowed of the intertical area to assistance. Many of the southern coastal towns have undertaken major efforts assistance. ;."any of the southern coastal towns h be included in the lot area calculat South Portland was required to remove to strengthen local ordinances. Unfortunately, numerous proposals for change to strengthen local ordinances. Unfortunately. n this allowance from the shoreland ordinance establishing a clear state policy have been defeated by the voters, a sign that personal interests may still against such a practice. outwiegh concerns for protection of shoreland areas. However, the defeat of some ordinances may have simply been the result of unrealistic porposals which The task force also concleded that the present "clearing" standard in the may need to be relaxed. minimum ordinance is not adequate and should be amended to address the cutting of vegetation other than treEs larger than six inches in diameter. A review of current ordinances administered by communities along the central and downeast coastline has revealed two areas of concern which need to be The task force also devoted the greater part of one meeting discussing addressed. The first concern is that many towns have not updated their available enforcement mechanisns for use against municipalities which shoreland ordinance since their adoption in the mid-seventies. Secondly, repeatedly fail to adminisister and or enforce its shoreland zoning ordinance. numerous other towns have ordinances which do not meet minimum standards. For The conclusion of the task force is that present enforcement mechanisms are example, the towns of.Lamoine and Bristol allow commercial activities inadequate and that legislative change is necessary, if the state is to provide throughout the shoreland zone and Bremen has not established adequate "resource a real threat to towns which do not address shoreland zoning activities protection" districts, particularly relating to wetland protection. Efforts seriously. will be made to get these towns to strengthen their ordinance. Several policies were adopted by the task force which directly relate to the In addition to assisting municipalities with administrative duties, the minimum ordinance. These policies incLude the following: shoreland zoning unit has also helped with enforcement needs. The most noteworthy example is the assistance provided to the town of Jonesboro when a 1. In districts zoned as resource protection, the clearing of vegetation developer conducted excessive clearing activities in a resource protection shall be limited to that which is necessary, fcr uses expressly zone. With assistance from both the shoreland zoning staff and the Attorney authorized in that district. General's office, the town of Jonesboro and the violator entered into a consent agreement. The consent agreement required the area to be replanted by the 2. Presidential lot standards apply to both the limited residential developer and in addition required a $5.000.00 penalty. district and the general development district. In the general development district lot dimension requirements in local ordinances In the coming six months a major effort will be directed at revising the may be relaxed only after review and and approval by the task force. present minimum ordinance. Fifteen public meetings are scheduled in October to gather input toward the revisions. Furthermore, an advisory committee isr 3. Land areas within 250 feet of wetlands designated as "resource presently being formed to help guide the revisions process. The Department d. Furthermore, an protection" districts shall not be considered for buildinr as if expects the revised ordinance to be in final form by the late spring of 1988. land area were in the residential district. Thus, buffer strips 250 feet wide should be established around wetland areas, particularly those of moderate to high value for waterfowl. 4. New boat houses must be set back 75' from. the normal high water mark. Bait sheds,on the and , need not be set back 75 feet. Additional activities during the reporting period included participation in informational meetings in all areas covered by the regional councils. Attended mostly by municipal officials, these meetings were designed to inform local officials about zinc's core laws, including the Shoreland Zoning Act. Staff also conducted workshops specific to shoreland zoning in cooperation with several regional Councils. Other workshops included four sessions in mid-coastal Maine sponsored by the Soil and Water Conservation Districts. -3- 2 SZNARRATI 11. Thc two major issues facing the coastal zone are the continuing solid waste disposal problems and the northward expansion of the land development boom. The Legislature dealt seriously with the solid waste question with P.L. 19ij.7, Ch. 517; and if the voters approve the upcoming and subsequent bond iss,es, much progress can be made in the long term. Ilealing with development pressures will require some fundamental policy and o 3UREAU OF LAND QUALITY CONTROL statutory changes in the Site Location of Cevelopment Law and in the various wetland-type laws. DIVISION OF TECHNICAL SERVICES Anr,ther issue of concern is the marked increase in the number of complaints CZM REPORT received for the coastal area, as shown by the following table: ASSISTANT ENGINEER POSITION October 198C through anuary 1987 - 161 complaints (4 months) AUGUST 1, 1986 - JULY 31, i987 February 1987 through April 1987 - 176 complaints (3 months) COMPILED BY: DAVID BURNS i@ay 1987 through 'uly 1987 - 229 complaints (3 months) This has a direct impact on how thoroughly the enforcement staff can perform compliance inspections on licensed projects, do solid waste inspections, and follow through with enforcement actions and consent agreements . It is noteworthy here that the Joint Standing Committee on Audit and Program Review is examining the Department's enforcement program. The following list covers the most important applications, enforcement SUAMARY actions, and consistency reviews to take place over the term of this 00 In the interests of brevity. I will not rewrite the descriptions The Assistant Engineer's work involved review of new applications, inspections for these proiects but will instead refer you to one of the three reports of both new applications and enforcement issues, pre-appkication conferences, already submitted (;.arch 23, 1987; June 2(, 1987; or September 9. 1987). and educational/training seminars. 58% of the projects were done in support of the Division of Licensing & Review. Support for the Division of Enforcement Enforcement Actions and Field Services consisted of 31% of the workload. The remaining 11% was spent or, educational training (See Table 1). L'onald !@all, "hippsburg - :!arch and September :All Cov; Associates, Coothbay Harbor karch Town of iioothbay - I.arch and une t.aine ErerGy Recovery Co., Biddeford !:arch Ocean Products, Inc., East -achias - June Consistency Peviews Arn %, Corps of Engi neers , Camp El I is seawal 1 Saco une and September , 'err ni t !.;,plications Creat 'i@aond Island, Casco .1ay - "arch Swift River Co., Bangor - -arch Long I!harf, ortland - ':arch Covin East 'eat, Oeblois - ;arch 'able Caks @'roperties, South Portland - rarch @Iaycenter Co'ndos, Belfast - 'une Atlanti ondos, Old Orchard Beach - September The Woodlands, Falmouth - September TAaLE 1 Licensing Issues Application Review As reflected In the numbers shown in Table 1. the coastal zone is receiving a significant amount of development, particularly in the housing market. Subdivls'Ors/Hous'Pg Complexes 10 Residential subdivisions/housing complexes comprised 42% of the new Industrial Projects 1 applications received during the reporting year. Reviews of these applications Mining 2 were primarily for stormwater runoff, erosion/sedi mentat ion control, and ground Office Parks I water considerations. 4hile reviews of erosion control plans are usually quite SoLid waste 7 straightforward, the other two categories require a much more detailed Misce, areous 3 anaLysis. Stormwater reviews must evaluate stream flow routing, peak flow quantities, storage requirements, as well as downstream effects of Subtotal 24 post-devetopment flow. Depending or- the density of the development, ground % of total 27 water considerations inctude contamination potential of the wells from the septic systems if both on-site wells and septic systems are proposed. Inspections Another major issue has been the disposal of solid waste. White comprising only 29% of the new applications, these facilities have consumed a significant Solid waste amount of review time. These applications have consisted of transfer stationso Industrial 2 Landfills and a refuse-derived fuel waste-to-erergy plant. Misce'.Laneous 1 Miscellaneous projects comprised 13% of the new applications. Projects ir, this Subtotal 14 category included, among others, review of maintenance dredging of waterways, a % of subtotal 16 wastewater treatment facility, and demolition debris disposal sites. Enforcement Issues Enforcement Projects in this category accounted for '31% of the total workload. Projects Subtotal 13 included review of a stormwater management case, a Landfill closing plan, and Z of total 15 several inspections of licensed, operating Landfills. Due to the nature of enforcement issues, much of the time spent or, these projects was in the field. Pre-App'ication Conferences Educational Training Subtotal 28 Educational trairirg is essential to effectively do technical reviews of the % of subtotal 15 wide variety of projects which fall under the site Law. During the reporting period, ten short courses Arai ri rg sessions were attended. These sessions included information regarding erosion and sedimentation control, computers, Educational Training Landfills, soils, as watt as a number of sessions regarding Laws administered by the Land Bureau. Subtotal 10 % of subtotal 11 Case History The following case history is representative of the projects reviewed by the TOTAL 89 Assistant Engineer. The unusual aspect of this project was that it included support for both the Licensing and Enforcement Divisions. WiLtow Grove Subdivision, Brunswick In March, Verrier Construction Company submitted an application for Willow Grove subdivision which was to be Located off McKeer, Street in Brunswick. The application was for 87 single family homes on 31 acres in 9 separate phases. After reviewing the appLicatior@ staff discovered that the consultant estimated that this project would cause a 45 cfs increase in stormwater runoff at the peak hour. The consultant had proposed to route this stormwater runoff to an existing detention basin at the Woodside subdivision, which is Located to the south of WitLow Grove. The problem with this proposal was that Woodside subdivision was a DEP approved subdivision that already had some very significant problems with their stormwater detention basin. In June, summarized review comments and additioraL information required was sert -to the project manager concerning the proposed modifications to the Woodside detention basin. In response to the Engineer's comments, the IV The Department will be submitting a Supplemental applicant submitted design pLars and specifications concerning the stormwater Second Regular Session of the 113TH Legisla management plan. positiuns which have been filled for two ye State funding. The problem with the proposed charges was that the contractor wouLd not be abLe to complete the modifications for severaL months. Applicant asked for approval of Phase 1, since it drained to a different drainage area, and the other phases would be contingent upon compLetion of the proposed modifications. In Late June, the DEP issued an Order permitting the project with a condition that stated that Phases #2 through 9 shall not be constructed until the applicant submitted information demonstrating that the drainage structures at the Woodside subdivision are operating property. In October Mr. Verrier compLeted the modifications to the detention basin. The Assistant Engineer inspected the drainage and detention cortroLs and found them compLete and operatioraL. As a resuLt, Mr. Verrier was abLe to start work on phases 2 through 9 of this subdivision. The Assistant Engineer aLso inspected the drainage and detention controls during the fLood of ApriL 1987. The rainfall during that storm was equal to the design storm event of a 25 year, 24 hour rainfaLL. The structures were found to be operating as designed and no significant probLems were noted throughout the subdivision. J bU68 'vz 6593