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The Lamoine Quarterly

October 2005 -- Page 2

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Selectmen Encourage Road Shouders

Appeals Board Unable To Help in Property Line Dispute - Court Next?

Aquifer Study Results Released

Code Enforcement Has Busy Summer

Selectmen Encourage Road Shoulders

(Lamoine) - With the exception of Jordan River Road and the stretch of Route 184 rebuilt a couple years ago, the road shoulders on Lamoine's State Highways are pretty much non-existent. Whether that was a contributing factor in the accident that killed Jina Haslam in June is open to speculation. Young Erin Beauvais of Shore Road wrote to the Maine Department of Transportation to ask about having sidewalks on the state highways in the wake of her friend's death. Commissioner David Cole replied that such an effort must begin with the town Selectmen.

Lamoine's Selectmen wrote to Commissioner Cole in September expressing support for wider paved shoulders to match those further up the road, and have asked how to start the ball rolling in that direction.

A shoulder might help

Investigators from the Hancock County Sheriff's Department at the scene of the June 20th accident.

Appeals Board Unable To Help In Property Line Dispute—Court Next?


(Lamoine) — When Teresa Rohner came home from work on August 12th she found big earth moving machines had built a subdivision road only a few yards from the back door of her residence, pulling down bushes, a big pine tree and digging up her pet cemetery. Needless to say, she was quite perplexed and quickly called the Lamoine Town Hall to find out what was going on.

The road is part of the Pine Grove subdivision being developed by Rohner's neighbor, Ronald Simons. The subdivision was approved in November 2003 by the Lamoine Planning Board following a public hearing. It turns out Ms. Rohner did not receive the certified mail informing all the abutting property owners of the subdivision plan and hearing. Whether her attendance at the hearing would have prevented approval of the subdivision plan is not known. Neither, as of late September, is the exact location of the property line between Ms. Rohner and Mr. Simons. Two long evening meetings by the Board of Appeals produced no resolution to the problem, as the Appeals Board determined it did not have the authority to grant Ms. Rohner's request to shut down construction.

The case has two major focuses—the fact the subdivision road is too close to Ms. Rohner's trailer and the lack of notice in regard to the subdivision plan. Attorneys from Maine Municipal Association answered the latter saying the courts frown on appeals filed well after the filing period has expired. Ms. Rohner asked the Appeals Board to immediately order Mr. Simons to stop work.

Mr. Simons testified that he has voluntarily stopped work on the road near the mobile home until his survey company can confirm where the property lines are located. The original subdivision plan showed Ms. Rohner's home well back from the road and the property line, as did a building permit submitted by Ms. Rohner a few years ago. The Appeals Board advised Ms. Rohner they are unable to resolve boundary disputes which are within the jurisdiction of the court system.

The Planning Board recently approved an extension for Mr. Simons to complete construction of the subdivision, giving another year. The Building and Land Use Ordinance was amended in April granting the Planning Board authority to grant such extensions without public hearing. Any change to the plan, though, must go through the hearing process.

Much Too Close

The subdivision road passes very near a home.

Aquifer Study Results Released

(Lamoine) — Gravel mining does not appear to have a major effect on the amount of groundwater stored in Lamoine's aquifer. That was one of the conclusions in the release of preliminary findings from a study of Lamoine's aquifer that it shares with Ellsworth and Hancock. Funded by grants obtained by the Lamoine Conservation Commission, the study conducted a survey of wells in the three towns. John Peckenham of the University of Maine's Senator George J. Mitchell Center presented the initial findings to a good sized crowd at the Lamoine School in July. The presentation was later broadcast on Lamoine CTV Channel 7.

Peckenham said one of the major questions at the start of the project was to find where the point of balance is regarding the amount of sand and gravel removed from the top of the aquifer. Pointing to several charts and graphs, Peckenham said the aquifer is not the same as an underground river, but more of a water storage system where water slowly migrates from one point to another. He said there is some evidence of some salt in the wells sampled, but it's not clear whether it's from salt placed on the roads in the winter or from some other source. He said there is not very much evidence of altered hydrology in the gravel pit areas other than a change in how the water runs off once the surface material is removed. He said there might be some loss of aquifer volume, but all the pits are mining above the water table, so the part of the aquifer with water hasn't changed in quantity. He said the surface filtering might have changed, affecting water quality and the ability of the land to regenerate in the pit areas. He said perhaps more money is needed to get more data. He had praise for the pit operators saying they do a great job of running the pits and were very cooperative with the study.

The report will be put into a final form for submission to the Lamoine Conservation Commission. He said the salt and nitrate found in water samples has raised his curiosity to see if there is a reason for concern. All three towns will eventually have a copy of the report, but Peckenham was not sure when the final report will be ready.

Water Water Everywhere….

John Peckenham of the Senator George J. Mitchell Center presents the preliminary results of the study of the aquifer underneath Lamoine, Hancock and Ellsworth to a good sized crowd at the School.

Code Enforcement Has Busy Summer


(Lamoine) — Code Enforcement Officer Dennis Ford responded to a number of inquiries during the summer months. He issued a stop work order to a project on Moose Run that started before obtaining a building permit. The property owner obtained the proper permits the day after receiving notice there was a problem. CEO Ford also accompanied the Department of Human Services on a septic system siting follow-up in a wet area of Bar Harbor Highlands. The property developer has decided not to seek permits for the system and the land is for sale. An inquiry follow-up to the permits issued at the Seal Point Lobster Pound was referred to the Board of Appeals which will hear the case on October 17th.

The following permits were issued since the last Lamoine Quarterly

Number Name Project

  1. •  Peter Swanberg Residence
  2. •  Nicholas Wilmerding Garage
  3. •  Alan Moldawer Foundation
  4. •  June Pohlman Addition
  5. •  Gary Googins Storage Shed
  6. •  Elizabeth Belch Sign
  7. •  Albert Brum Deck
  8. •  Wayne Wright Residence
  9. •  Daniel Burleigh Bunk House
  10. •  Robert Blood Boat House
  11. •  Stephen Belden Garage/Apt.
  12. •  Michael Smith Garage
  13. •  Michelle Kosko Garage
  14. •  Ruth Saliba Deck Enclosed
  15. •  Brian Corrigan Steps to Shore
  16. •  John Larson Shed Addition
  17. •  Gaylord Sundt Shed Addition
  18. •  Elizabeth Belch Residence
  19. •  Joel Ploszaj Gravel Road
  20. •  Travis Jones Residence
  21. •  John Goodwin Commercial
  22. •  Walter Grenier Deck
  23. •  Cynthia Martin Residence
  24. •  Stewart Workman Garage
  25. •  William Carter Residence
  26. •  Richard Fennelly Jr. Mobile Home