[From the U.S. Government Printing Office, www.gpo.gov]
Maine's 1 Coastal PROGRESS REPORT November 1987 tbrough January 1988 astport _*Bang r-, Or .......... achias Augustax-7 Bar Harbor IVA Portland CCIASTAL 7,,'X@Iu HT Kittery INFORMATION CL-L-,7!:R 393 M2 M35 NOV 1987- JAN 1988 e [Department Maine State Planning Of flice MAINE'S COASTAL PROGRAM Progress Report November 1987 through January 1988 CZ063 (198788) US Department of Commerce NOAA Coastal Carolyna Center Library 2234 South Hobson Avenue Charleston, SC 29405-2413 Submitted to The National Oceanic & Atmospheric Administration Office of ocean & Coastal Resource Management Washington, D.C. 20235 Maine State Planning office Augusta, Maine 04333 State House Station No. 38 Tel. (207) 2893261 01 TABLE OF CONTENTS Lag e Coastal Issues & Accom2lishments 0 Adoption of New Coasta 1 Sand Dune Rules 5 0 Preservation of Great Heath Peat Bog 5 0 Growth Management: An Escalating Issue 5 0 DEP Land Use Fund 10 STATUS OF GRANT TASKS, CZ063 Award (1987-88) Task 1 Improving Program Core Law Enforcement & Technical - Assistance 19 A. DEP - Core Law Administration .& Enforcement B. TNC - Improving State Regulation of Areas of State Significance C. DOC - Improving Technical Reviews of Core Law Applications D. MMA - Code Enforcement Officers' Training E. RPC - Technical Assistance on Core Laws & Local Land Use Studies Task 2 Local Program A. Coastal Planning Grants 19 B. Waterfront Action Grants 22 Task 3 Interagency Coordination 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 30 1. Administration 2. Public education initiatives 2 Task 5 -- Technical Assistance to Agencies & the Public 33 A. DOC - Expanding Access Opportunities B. SPO - Achieving Municipal Compliance with State Coastal Policies C. IF&W - Management & Regulation of Wildlife Amendment #1 -- Heritage Coastal Areas 33 OTHER FEDERALLY REQUIRED REPORTS 1. Monitoring & Enforcement Activities 34 2. Wetland/Estuary Report 34 3. Fisheries Management Activities 34 4, Hazard Management Activities 34 5. Urban Waterfront & Commercial Harbor Projects 34 6. Coastal Access Activities 53 7. Permit Procedure Simplification 53 8. Activities to Protect or Restore Historic, Cultural or Aesthetic Resources, or Redevelop Deteriorating Waterfronts & Ports 53 9. New Memoranda of Understanding 5.3 10. Report on the Federal Consistency Review Process & Coordination Activities 54 11. Public Awareness Activities 54 12. New Publications Report 54 13. Changes to Coastal Zone Boundaries & Management Authority 54 14. Changes in Strengthening the Management of Coastal Resources 54 15. Major Coastal Issues & State Role (see lst part of this report) 54 16. Sub-awards to Minority or F.emale-owned Businesses 54 17. SPO Organization Chart 55 EXHIBITS E-1 DEP Quarterly Report, Nov. 1, 1987 to Jan. 31, 1988 56 E-1 Shoreland Zoning News, November/December-1987 & Jan./Feb. 1988 63 E-3 Improving Technical Reviews of Core Law Applications, Progress Report, Sept.-Dec. 1987, Maine Geological Survey, Jan. 15, 1987. 68 E-4 Wells National Estuarine Research Reserve, Advisory Bulletin No. 10, Jan. 1988 75 progress.40 3 COASTAL ISSUES & ACCOMPLISHMENTS Adoption of New Coastal Sand Dune Rules Climaxing months 'of effort, including development of computerized sand dune maps with funding assistance from the Coastal Program, the Board of Environmental Protection approved new Coastal Sand Dune Rules on December 15, 1987. Not without controversy, as attested by the accompanying clippings, the tightened new Rules became effective January 4, 19.88. 0 Preservation of Great Heath Peat Bog Preservation and management of the Great Heath in Washington County as a preserve was assured through a year-end agreement between the Town of Columbia and The Nature Conservancy. The Great Heath is a singular natural feature of Maine's coastal area, listed as a Critical Area on the State Critical Areas Register. The accompanying clipping gives some of the details. 0 Growth Management: An Escalating Issue Most of Maine's growth is occurring within the coastal area, and growth management has evolved into a major issue in the current session of the 113th Legislature as a result of the SPO's ~0 ~;140qK ~qJ ~qi ~4qN~8qV ~qe~@~l a a ~u~c~1~,~.~a~qf~'~.~i ~S~d~t~~6qZ~e~t~X~o~l~o~v~n~q@ ~'~o~n~v~in~c~e ~a~t~e~-~"~,~4a away ,ad ado"", ~t~d~, I ~-~0qr~8qV of ~1 ~e~d~"~n~o ~st~l~a~,~e ~C ~q@,~qc~a~'~.~, ~k- ~S~u~a~,,~,~'.~, I the O~c~"~q%~1~1 aches ~"~.~qw~'~s ~l~e to ~qr~qt~q@ ~'~t~q" ~t~i~b~e ~q;~1~q1.~n ~q~f~e~w~qs~.~4 ~o~( ~u~c ~c aa dunes ale ~l~i~'~L~e~l~l be ~4qrt~q@,"~@~@~j~r~t~d on so ~c~a~@~x ~a~n~"~"~a~l ~v~@~O~J~U~9~8q%~, ~t~h~t~@ ~e~s ~q@~q@~c~l~c~`~c~i~t~l ~3~*~a~q ~C~C ~e~'~Ca ~,~m~a~,~;~t~- a sand ~t~t~b~l~j~a~@~l ~b~8qV e`~c~.~@~t fiction$. ~S ~qa~qt~'~i~"~q"~q"~, ~S d~c~l~-~I~n~i~t~io~a~,~.hall ~C ~'~4~a~l ~1~1~L ~0~'~e~'~;~0~% "fel. ~O~R~C~,~4~',~R~9 ~q!~qE~1~q0~.~1~i'~qt~"~.- tI ~u~i ~1~1 ~U~l ~@~b~e~f~c ~h~'~,~@ ~q@~e~a~t~c~s~t ~d ~d~a~.~,~t~, more T~o~l~@~n ~h~e rules ~t~, In ~h~j~rd~qe~qs~a~qc~l~q@ 0 ~'~d ~q" ~" ~o~n ~a~l dune ~)~,~-~1~1 b~o~a~' ~8qt~w ~f~"~J~u~l~a~qt~ql~o~qr~,~q:~q@ ~'I ~q"~o~n~a~t~e~"~'~, to ~I~d~3~o~, ~"s ~.~at~c~qr~.~,~e~qF~0~,~t~,,~c~ad ~o~S ~i~n~e ~!~.~I~, o~a~a~l~ql~q@ ~d~i~a~.~. ~1~1~1~1~0~q@ ~m~t~c~l~f~c~t~q@ to old ~S, ~r ~q@~5~a~q" to~d ~a~s~e~t ~1~q@ ~1~, the ~o~.,~J~d ~l~l~o~f~4q@ ~qd~u~qnc, It Core. the ~X~0 ~o~( ~O~,~ch~;~l~r~q@ ~t~hh~qe~qa ~aa~t~l~l~'~q@~d ~U ~i~n ~@~a~l~q@~2qZ~a rule of a on ~q"~o~, ~N~i old" to~q"~, ~s ~"~:~o~q"~o~u ~g~r~o ~m~qt~qrLt~c~*~%~n ~w~~qu~qa ~h~. ~C~S he 'be. ~0~3~0~,~d ~o~*`~qo~[ ~h _~c~a ~@ v~4~3~9 ~_~1 ~t~s~" -~0~" ~b~ido* atI~d ~. ~'~u~s~y ~@~'~o~u, ~e~, "a, ~j~qa~qt~q@`~qu ~h~l~a~" ~f~u~k~q@~t~- am ~m( ~cs~q!~o ~:~,~U~, Mote ~?~,~r~q@~,~o ~s~'~l~l~das ~)~S~, ~t~1d~i~n~, ~1~q1~q@~q@~a~c~a~, ~0~q1 ~qE~qa~l ~-~l~a~t~lo~' ~@ ~"~i ~S~"~u ~'~4~c~a~f~s ~'~qo~o~a~qT~L~n~qt`~ql~1~L~e~.~1~,~1~,~9 ~q@~@~,h ~qr~, ~qe`~q@~' ~l~u~"~i~" 9 ~L~b~' ~'~q@~q@d that ~@~2qn ~c~q@u ~,~b~u~ -an ~e~d ~q@~1~10~1~1 ~~" ~- ~0~' 'eta' ~'~d a~'~u~q"~, I,,", an' a to ~d a~0~o~r ~D~u~n old ~O~,~,~q@~3~1~q@ ~b`~u~,~1~d~`~,~'~,~S~'~d~qt~q;~, ~qe~h~b ~u~'~ql l~e ~n~_~j ~2qr ~q@~o~qa~@~, ~,~. ~, ~e~8q@~,~.~U~,3~1~1 ~Y~_~@~"~@~a ~5~q-~@ b~-~, - ~--~r~qs ~S~,~'U~'~@~,~,~qt~qf`,~, ~1~q"~2qz~t~f ~e Zan ~',~e ~b~u~,~, h~c~,~qe~q"~, ~1~1 ~a~n~"~: ~s~a ~" to ~, ~~Uate~, ~u~,~,~l~b~l~l~q@ ~a~s ~a~L~u~" ~, _,~, ad ~-~1~1 ~,,~b~@~d ~a~f,~a~c~l ~y a~b ~.~qi~5 ~i ~,e if ~o~@~' "I -~n~t~l ~0~(~c~c ~u~c~e~s t~a~f~O~, ~S~,~.~"~_ ~0qg~z ~,~"~"~e~0~r , ~o~f ~0~1~, In ~"~qu~qd~u~s ~d~@~,~.~,~. h~h~l~, ~'~a~d ~e~a~q;~c~d a ~l~o~q"~,~"d~,~.~,~. ~0qa~f~f~,;~qc~u to Sul ~h~e ~q~,~a~6`~qo~,~. ~s~c~o~ta ~@~a~l We ~" ~"~, ~2qt~s~, ~o~i ~a~n~6 ~q@~,~,~c~8qt ~q~f~o~q@~u~b~l~qs Sal ~1~4qV ~i~0~'~dc,~c~1o~9~e b~l~. ~qa~t~l~l~'~i ~q!, ~-~,~i~o~(~m~0~@`~qo`~qfJ~i~l all ~uto ~e~t~u~" ~S~a~r~o~ls ~0~(~@L~cd ~4.. ... ~"~:~9~1'~e~j hat a d ~o~f ~b ~'~C~a ~t~h ~e~t.~i~o~o~t h~o ~t~u sand ~&rules ~c ~t~o ~t~j ~"~,~L~r~u~,~: ~t ~U~, ~e~s~, "'an, ~r~o~'~k~i~l~o ~u ~qc~t~a~l ~o~b~n~, ion ~-~q@,~qu~a ~'~.~1~d ~t~,.~e~- "' ~P~q"~'~C~"~I~'~l~qe~c~, ~t~1~l ~z~o "If ~@h~qa~qb~l~l~'~l~l the ~Y~b~@~t~l~qo~a`~t ~I~t ~'~c~, ~a~,~q:~q@ I~'d ~o~n~6 to ~p~f~oh~, ~C~d~l~a ~u~f~'~a~% I'. ~'~e~n~t~"`-~q@~'~sh Said ~a~n~d ~@~o~t~d to m~n~c ~C~,~%~U~@~f ~l~l~@ ~'~9 ~'~. ~q@~,~o~'~c~'~p~qc~l~i~qt~qc~,~Crules o~r ~1~1~qa'~I~t~a~"~"~qd~qu~qa~l ~e~d. ~t~qo~q@ ~,~,~,~,~j~,~t~jv~c~- here "~'~@ d~o ~u 0~1 ~o~a~4q@ ~a~qo~q@ ~qp~t ~0 b~l~.~q"~c~lo~p~e"' on ~u~t~o~% ~C~(~l~o~r~ls ~X~c ~t~h~e~a~t to( ~n~ts~. ~s~u~, ~t~i~l~l~u See ~q@~q@~c ~*~@~li con d~,~1~c~l~o~P ~S~e~v~cn~.~s~t~o~r~y T~H~URSOAY, DECEMBER ~1~7, 1~9~87 AUGUSTA, MAINE E~6qn~6qv~qironmen tal board toughens dune rules By BOB CUMMINGS ray said the area had been Guy Gannett Service Ihorough~ly reviewed during nearly ~t~wo years it took th~e board and AUGUSTA~-The board of the department to reject an earlier Department of Environmental Pro 96~-uni~m~l ~c~ond...iniurn proposal on t~ec~t~ion this week approved ~,i~r~qi ~th~e a ~e~.~,~i~c new regulations that would make i~f ~'~q@~Fa~i~qon~qws~qs~qj~c~qu~ir~cs that we not be even rn r~e d~iffi ~u~lt to cons~truct In~. ~,aanother five months,' build~,ng~qs' ~on san~cd dun ~c~3 in the Murray said. future. But a majority of the board ruled that h~e new proposal was ~suffi- The new rules, which .~,r, ~i~n~l~, different than the earlier adopted unanimously Tu~c~, ay~q, warrant ~- full review. The would prevent the construction ~0 to buildings that cannot be easily d ~b~q@~,~i~,~i,n means that the proposal will alua~t~ed under a stronger sand moved from being built near the dune protection policy that went into edge of the ocean. effect last winter. The provision is ~e~x~0q=ed~. to ~l~e~ar~ed the way for develop- prohibit most ne~w large I. in. ~q@~n~, C. -unit condomim~ium on ~ium developments on sand beaches. me f a 39 ~1 ~9~' acre former ~S~a~f~t marsh on the Reconstruction~0f buildings K~e~t~qineb~e~c River in Bath. severely damaged by storms also The area had been filled before the would be prohibited by the new rules forbidding most salt marsh rules. construction, h~qad been p~qd~q_ reject Buildings t~qf~qiat burn or arc The ~qboar~q@d~~qu~qc~qs~qf from damaged by "Acts or God" other Maine Audubon S~qo~q6~qe~qty that a Ihan storms, however, could be concrete cover over a tidal creek on rebuilt, providing they are moved a~qs the site be prohibited. far away from the edge of the water Karin Tilb~qerg, an attorney for the as possible. society, called the pro ~qSal the The board also: "entombment" of a mar, Rejected a request from-the Robert Birk of the department Atlantic Condominiums that it be staff said it was more properly " allowed to construct a 30~q-unit bridge" over the marsh. But he condominiurn building in Old conceded that the project would end Orchard Be~q3ch without going the useful life of the area, since all throughastandard department light ould b~qe shut off. r~2qm~qe~qw. Bi~qtkcalled the Audubon request Atlantic Attorney Stephen Mur- "unreasonable." ~0 III~~~ I ~ ~M~W ~@ ~@ ~M~~~=~1 ~u~n~ am an so Giant b~q@ach condos may be obsolete ~2qr / ~,~q, The giant condominium build- builder can demonstrate the struc- portions of southern Maine, New rules limit tgs once were envisioned as just ture Is likely to survive a three-foot 'dunes" extend ~i~n~l~a~r~id a mile or ~o ~f~i~l ~rst blocks In a wall of such rise in sea levels. more. shore building buildings al Ong t~he beach. But ~e Prohibition against recon- All of downtown Old Orchard there w~as evidence last week that ~stuct~in~g buildings severely Beach and much of that town's like Stonehenge, the buildings are da~qT~a ~ed by coast&] storms. residential areas quality as ~s~a~u~ld By Bob ~Cu~m~m~l~v artifacts ofa~u~n earlier e~m. ~0 ~qX requirement that lawns, dune under the rules. After two years of debate. the driveways, parking lots ~a~nd build- But th~e greatest effect will be on S~~~~Wr~I~ter board of the state Department of ~Ings combined not exceed 40 per- the first several hundred feet from Environmental Protection last cent of the area o~f a lot ~a~nd that no the water. DEP Planner Donald They ~s~qWd as isolated mono~. week adopted stiff new regulations building may exceed 20 percent of Witheril~l, chiefa-r~chi~tect ~o~f~the new ment~s of concrete and steel, scat- that would forbid similar buildings a lot. rules, said developers will find It t~red along the open beach from on sand beaches. a No construction on dunes that relatively easy to demonstrate that Pine Point in Scarborough through Key provisions Include: front the ocean or In the so called even three-foot higher ocean Old Orchard Beach. The dozen ~0 A maximum building height of ~-V- zone of beaches where high waters won't damage buildings monoliths catch the earliest morn- 35 feet (2~@~j stories) ~a~nd a m~i~Lxi- velocity waves are likely to do the located on sand bluff~b away from Ing sun, forming a sort of modern- mum area of 2~.~5~qW square feet greatest d~i~ur~i~a~ge~. the water. day Stonehenge. dedicated to open (about the size of a large By t~he board's definition, a sand sand vistas. pounding ocean surf single-family home) anywhere on a dune system Is much more than and financial speculation. sand dune system. unless the just the sand along the water. In Along the shore. however, It will be almost Impossible t condominiums gain ~a~l~lt~e and local ~str~ate that the kind o demon~. permits. T~im~son said that overall of giant ~s~t~r~u~c~- the new rules will benefit the tures that have been erected in environment. recent years can meet the new restrictions. "On the whole they aren't bad," he said. New buildings wanted Old Orchard Reach Town Man- Rising sea level ager Jerry Plante is disappointed in If~ ~thenewregu~la~tJons~, ~4qN~0qa Key to the rules Is the prediction of~ar~l ~i ~.~1 ~ng - level. "I am most pr~o-env~ironment~.~" he said. ~1 want to clean u th I it "I ~i~2qt~l A thr~e~e~f~oot rise chosen for I ~2qn ~'~@ ~"~.~!~_~4 ~q1~q1 ~6qN as mess we have in Old Orchard Loch tri~ct~io the latest r~e~s no b~ec~au that e~w Is the rise the U.S. Environments] ~a~nd that can only be done If ~n ~q0 bulld~in~gsa.~re allowed." ~1~4~q2 ~ - " ~V ~qW~, I I IElla I IN ~q1~q1~'~@ Protection Agency says Is most am likely to occur in the next 1~00ye~qar~qs Plante charges that the bo all ~ I or~ed ~ec~ono~rn~i~c~s when It adopted as a result of carbon dioxide pollu- ~ Incentives to ~-~~g ~.~&~qr ~t~qv ~"~Y~qQ~1~q2 tion trapping the heat of the sup.. me t encourage the replace n of the The law giving the department shoddy and ~Lhe inferior." . . . . . . . ~",~6 control over ~s~a~u~l dune ~co~n~@truc~q- He worries that the owners of ti~on prohibits buildings likely tob~qi~ql ~q1~ dilapidated bu~ildin damaged by storms In that time. n ow ding anew. The new regulations drew ~p~Itch them up. r~a~f~f~i~er~2qK~2qM ~I~] I Is from environmental groups. 'Somehow in this long so ~q1~q, ~2qC~h~I~l~e~f~l~a~gu~sky. staff attorney ~qto debate. r People lost sight of the fact that lot it, ~6q&~qZ the Natural Resources C~o~unc~ql after lot in Old Orchard is ~1~00 ISM ~8qU said the ~r~ul r~ec ~gn~iz~e that con' e~s ~4~' ~0 percent developed. Without the ~s~tr~uctlon on frontal dunes and In incentive for new construction we I ~6qU~0q& Sir ~qt~q1~ql I ~q1~q1~8qH~qI~8qC areas prone to flooding pose unrea- can't do anything to make the n wit ~s~on~a~ble flood hazards and interfere improvements we need." ~8qp~4~e~s~l~l with t~he natural transport of sand, ~P -,A,- kiss she said. Barry T~im~son, a coastal geo~ID~- t who h~a~s~@ worked N~agu~sky. however, had urged gig for most of the ~4 even stricter regulations that major sand dune developers In Southern Maine. thinks the most would have forbidden ~the rebuild. immediate impact of the new rules I~ng o~f structures that have burned Will be to encourage the r~e~h~abil~i~ta. or have been otherwise damaged. lion of dilapidated structures Karin T~i~l~berg of the Maine located on the frontal dunes, where Audubon Society legal ~s~t~a~f~t ~qal new construction Is now prohi- ~F~l~l~@~p~h~o~(~. praised the new rules. "Me I ~qar~2qd bited.~ Development of giant condominium ~bu~ildin~g~s,~l~ike this one In~Old showed a real ~a~pPreci~atlon ~f~o~q-rth~qe But he predicts that developers Orchard Beach, maybe a thing o~f~the past u~ndernew Department of ~I.r~in such buildings can ~c~ou~ql~qi~qe,~q" will continue to seek per-mission Environmental Protection regulations. ~s~he said. for ~s~even-~story (developments. But T~il~berg thinks it will be "Me eco~nomic~s~~f~avor such con- developers will need "a very strong "that kind of building is safe." Though his business has con. difficult to enforce t~he board's ban struction," he said. However. case" to convince the department T~im~s~.n -l~d. c~entr~a~ted on helping Multi b~t~O~U~Y Oil protecting structures threat- ~0 MONDAY, DECEMBER 21, 1987 rim ~qGo~8qnd~2qo~0qn h~0qu~4qum iS DEP board rescinds vote, not over yet rejects Old Orchard condos ~B~Y~B~O~B~C~t~rMMINGS ~0 international Paper will pay By SUSAN~,LEO~NARD has studied similar situations. agreed ~St~a~lf~w~A~t~e~r ~1~Z~q1~,~r~q1~97~Rj~r~-~' $~5~5, 00 ~Inf~ln~e~s for& waste spill t~qut Guy ~~~nn~e t Service Ihat time cold heal ~t~h~e wounded 0 ~shor~efront condominium market. AUGUSTA - An~O~ld Orchard Reach condom I nl~u~m summer at Its Jay~n~i~f~f~l. Page 23. OLD ORCHARD BEACH - A "This mark ~et a pp~e~ar~s to have Project approved by the board of the Department of the site. s~o.d~n in sales of high-rise s~io~ed d~o.n recently as a result of ~Fr~ivironment~a~l Protection three weeks ago was voted Board member Carol Tracy or Lewiston argued that ~horefr~o~m Condominiums here does three outside factors. One is ~th~e new down In a second pass Tuesday. the environment would be improved since t~h~e new not signal extinction of a mark ~e~t that tax law hi~ch is nior~e restrictive Developers or Crescent ~Bw~ay Condominiums vowed buildings would only encompass 33 percent of tile lot. h~s stabilized the town's tax rate for (particularly for condos Purchased to take ~Lhe decision to court. replacing ancient motel structures that cover ~8~3 the past five years. local officials ro~t investment as opposed to per- The 138-unlt development, which had been p~t rcen~t of the land ~. say. son al use.) than the old ~t~a~x law. T~wo approved by the board of ~t~he, DEP on Nov. 24. was ~B. I Assistant Attorney General Philip Ahren~s told Some predict that a factor they unanimously rejected by ~t~i~r~at same board Tuesday. the board ~Lh~at "a comparison with existing uses is not think has contributed to a short-ter ~The members based their decision on the advice of a criteria under the law." ~u ~i~n 'a A Invalid T~b~e low requires the board to protect existing a state attorney who said they had u~s~e ~~uIof co~ndom~ini ms - s~ta ~e The new rules criteria in approving the project Initially. ~mcr~e~a~t~ion~al uses. prevent damage front coastal storms regulations regarding development on sand dunes - will ultimately make It more difficult All nine members of the board debated the matter and provide for the natural movement of sand. but ~f~or~q!~w~o hours, but In the end they voted to rescind the does not authorize members to consider the kinds of become a prime selling tool for t~o get approval for ~b~a~r~t~i~e~r vote and l~o~turn the project down. buildings that would ~be replaced. Ahrens said. and approved high ~r~i e ~~h~si~i~~~~~qmay be the last of' S"~U~e~c~ql~'~r developments Chairman E. Christopher L~i~ve~s~ay told board ~Fdw~ard C~a~c-ri~g~an. ~an attorney for the d~ev ~lo~p~er. Decisi ~ ~mtn~,~@~,~er~s ~t~l~wt he was providing ~a~n opportunity for a Consolidated Financial Investors Inc.. had sought a AUGLI~STA( sh~~~fron~t development. proposed to be built ~n~e~w vote on the advice of the state attorney general's restraining order in Superior Court Monday in an Thc~~n~e~. rules make it more ~c~!~'ice. wh~Ich questioned the legality of the earlier attempt to prevent the board from ~r~ev~er-~sing Its vote- proposed 13~q8- difficu to get approval for develop- on sand dune& That decision. But Ahrens said the effort h~ad been rejected by the complex in 0 m~~s proposed to be built on~.~s~@~nd will help sales of ~The board had held In it~s first vote that the ~Lhree court. appears destine dunes. That will help sales ofc~u~s~t~in~g condominium buildings were better fur the environ- A~n attorney projects and those y~e~t-~w-b~e~-~c~on~. existing projects and ment ~t~h~a~r~s, the ~"dilapidated" ~u~io~t~el that now e~x~I~s~U on ~th~e Crescent ~qBa ~truc~~d projects that are already those vowed to ch~qallc ~~ ~@~q=~I~qe~s also prohibit r~econs~tru~c~- yet-to~-~qb~e,-~constr~q6~cled ~Fr~iviron~m~e~qn~qta~ql ~qt~qh initial approval lion of buildings on sand dunes that projects that are Rescinding a C~~ are severely damaged by storms. That h~a~s created uncertainty among already appr~ow~ed. weeks ago. ~qth~qe potential buyers, but many in real ~qL~e_ A Carrigan. however. said he plans ~in~en~t of En~qA~qr estate think that will fade with time to press the Issue In court, on Tuesday u and a tightening supply of ocean- is the financial crisis that occurred Environmental Commissioner the b~ea~c~l~ifro~qu~qt front property. on Wall Street. And three is ~i~l~l He declined to pr~i~e~s~e~w~it any ~fur~. D~e~ar~i Marriott ~qWd the staff had Other factors that may have publicity over the proposed (D~epa~r~'~l~e t~h~er evidence at the he~ar~i~z~, clad m~' erred in presenting the conclusions ~ontr~bu~t~ed ~to the sales slump. such m~ent of Environmental Protection) Log that the r~i~sc~ons~ic~itr~i~tt~2qu Was ~o~(Tim~son~. as the nat ional economy, stock regulations." improper. A majority of the board m~e~m- ~a Approved ~i~n~i~f~f new regu~l~s. market crash and tax laws. are Based on udics of markets b~er~s have only served on ~L~h~e board c~c~i David Studer of the d~ep~a~mm~int dons that would make it even mom ~Cal where buyer psychology has shifted. ~s~t~A~f~f said that even the d~ev.~-~loper~s' for a few months, h~av~i~o~qi~r been difficult to construct ~bu~ll~c~h~o~g~i~i on ~~~o pie ~who built ~t~wo years ago L~o~n~ib~ard~e~l~li said three changes consultant. Barry T~im~s~on~. ~h~ad pre- appointed by Gov. John ~R. ~c~Ker- sand dunes In t~he future. made lots of money," said George occur. "One, a period of limited dicted the shoreline would move ~m~a~n last spring and summer. The new rules, which were also Kerr. town councilor a~nd devel. sales activity. Two, a period of some Wand about 60 feet In ~L~h~t coming Tracy called the confusion our. adopted unanimously. would ~qr~r~e~. oper.~q!Now, if a developer builds, price discoun~t~in ~. Three, a period decades, which would r~o~ov~e the rounding the Old Orchard vote "a ~@~e~t t the construction of build n ~'~s he's just taking from himself~' from where memories fade and the market ~e~d~qf~e of the sea p~i~s~nw~ay Into the difficult InI~t~I~a~t~l~o~n~. ~. t~h~a~@~t cannot be easily moved from his profi~t~i. Timing is everything." returns to normal conditions. it is a b~u Id~ing~s. ~But the ~AJ~AL~I objected to news being built near t~he edge of the In the case of the auction last provable condition . . . that people ~0 The ~~~kcnd of eight Linwood Arms can forget rapidly." he said. stories and editorials that widely ocean. ~ Joseph Kelley. a marine ~g~eo~lo~ C~r~i~tic~z~ed the earlier decision. 'Me ~'~t-~h~e provision Is expected to for the d ~~~dominiums, hich sold for 53 to Gerard Co~i~,~c~t~t~e~, developer of th~e ~S~l~i~rtem~pl~o ~ed by the Depart ~t~u~ent of poison pens of the r~es~s did a ~Ibi~t ~in~o~st new large c~ondomin c~ond~qomfi~qr 8 percent of their asking prices. th~e 164-u~ni~t Damon Towers, is counting ~Con~s~wr~y~a~t~qi~qon, estimated th~i, ~o~r~e~an ~m~rrn~b~@~er on us." ~she s~ud~qg. ~2qm~qn~, developments on sand suit m~qa~q"h timing. couldn't have been worse. on that short memory ~* "We're would cover t~he entire ~a~f~t~e ~l~qWn ~f~i~t related ~m~bl~ier~i~s. the board ~b~e~l~i~ch~e~s. The ~qa~qr a~~@ordm~g to some. continuing construction ~'~" planned the next century if a ~2-~f~uut r~h~i~a ~i~n ~r~a~l~s~o~: the rule 'Who buys condos at a summer (on phase one. ~44 uni~i~5). We're not ~s~ea level occurs. Buildings severely damaged by ~i~n~arsh resort on the ocean in Decent ~h~e~r~?~" ~qWing ~to b~e done until August ~'88. d~i~R~eject~ed ~a request Irwin the storms would also ~be prohibited g~a~t~u~s~qed. asked Gavin Ruo~t~olo. developer of ~,then. I think others (condos now Marvel ~b~lor~e~au, a m~ar~l~oe ~fe~o~l~o~. Atlantic C~on~t~h~imIn~ium~s that It be f~ro~n~) ~t~i~ci~o~gr~eb~o~l~it byth~e new rules. ~. ~~~~ra~~l major projects in southern on the market) -ill be sold." ~at who spoke on behalf ~M Maine allowed to construct a 30 unit con- Buildings that bulls ~q!r~o are The t~qs ~a~n~. but none on the Old Orchard C~bss~c~t~t~e~'s comfort conics in part ~6qtu~bon Society. Fr~ed~i~c~t~6d that d~u~r~nl~i~l~lu~m building In Old ~O~t~ch~a~r~dl d~a~m~l~i~g~e~d by "acts of God ~th~er ~tr~o~n~qim i~ql Beach oceanfront. from the 10 percent non-rcl~undable every major coasts ~s~t~on~o would Beach without going th~n~u~t~i~gh a than ~bt~or-n~is~, however, could be concrete "Every market goes through deposits he holds on 22 of the ~44 cover th~e floor of the proposed standard department review~ ~r~t~b ~1~1 ill~,providing they lire moved t~h~e ~Al~qte b cycles. For a long time, the market units which are pr~e-~sc~hin~g for parking garages with sand. Atlantic attorney Stephen Mur- to ~f~ar away from t~he edge of the ~V~qsr~qin 0~~~n~A~~~! beach was on an upward ~S~1~7~q1.~0~00 to ~1~1215.0~0~0. -~1~1-u~st~'~s the nature ray ~"~Id the area had been water ~a~s ~po~s~s~il~i~h~,~. the ~s~qo~qc~qi~qe~qt ~i~c~s just flattening out no., ~hat and market studies con- of ~b~@~sche~s. t~h~u~r~c~lu~gh~ly reviewed during newly 'entomb ~h~c~ is normal. It will catch up with ducted for his company which Beaches have to be allowed to m~o~r~v~e ~tw~o year. It ~f~o~o~k the board and ~6 Allowed Robert and Arlene Birk of ~q0 itself again. I'm not nervous about indicate that Damon Towers ~wi I or they won't be there ~i~n the d~e ~- r~i~T ~e~il~l t~o reject an earlier ~P~& L~e~f~e~u~v~m to keep a rip rap stone ~W~a~s more it." said Ruo~tolo, ~-ho plans in have amenities [flat many buyers are future," Moreau said. ~"Th~L.i, build~. un~qi~, ~C~, d~om~in~turn proposed on the wall they ~had built to protect the m~qar~qs~qt Match to begin advance sales on a seeking but hi~ch other Old Orchard ~q7 ~q- ~I i~n~g~s would be a direct Interference ~X~a~o~@~e ~i~t~s. ~e~r~-t~v ~on a beach at B~idd~efo~qr~qd~o~qt~qo to ~qe~qct w la~~~~ ri,,~erfront condominium ~shor~c~irc~i~n~t projects lack. with the natural movement of sand ~"~V~a~l~me~a~s requires that we not violation ~o~f~b~oard rules. ~v are a. pr~@~~c~t in nearby Saco. ho can pay ~1~1180~.~00~0 a beach needs to ~su~"ive.~" be made to whit another five Board C~h~a~l~i-~m~an Christopher Shut Off- From ~my o~wn experience. the ~vill pay ~S~220~,000~,~" he said, to get Hervey Triplett of ~B~r~u~,~t~;~r~or~. one ~t~a~l~o~ot~h~s~," M~u~n~i,~y said LI~v~e~s~ay said the ~I~@~I~ebr~e~s were Birk ~qc~qA condo market is slowing do, n and a extras su~ch~,~.as~,a park~in~qt ~f~ia~r~~a~qjc~, of t~he board members who voted But a m.~t~j~u~.~l~t~y~.~f~qd~q;~1~,b~o~.~1d ruled being treated differently than ~su~n,e~qa~qso little more than -hat (can be indoor po~o ~ea Ill ~c~l~u ~, cot cc for the development Iasi ~w~onth. ~t~h~a~t tile new proposal was s~u~f~f~l. neighbors. "We need t~o consider ~. a Vo~qt attributed to) ~th~e time of year. It shop and more. is ~0 the ~hu~n~i~an t~h~er~n~en~t In our d~e~d- d ~l~i~gur~e~s that the market ~i~nr~o~ld~e the motion to r~e~t~s~,~o~id the c~i~ently different Lh ~,~i~t~qe~e~ar~i~l~or to ~$~a~t ~i~i IS, may ~~~l c a season for the excess (Old Co~s,~c~it~e I rr~ont a full r~ev~i ~-~I~s~l~on or Orchard condominiums~) to be ill ~a~b~s~urb about 50 oceanfront ~t~u~rl~i~e~r~v~ot~e~. warrant a full r~ev~i b ~d~e~l But ~l~j~v~e~.~.~y w~a~m d against ~qy ~qi~qt condominiums each year. "We've Triplett said ~th~e staff ~l~a-~e~n~t~a. r~u~e~u~m, that tile proposal will be e needed If absorbed," he said. t~or~s In Henry P. Lo~inbard~d~li~, a South beer' building about 75 a year, so it's t~I~o~n had been confusing at the ~ev~alu~u~t~t I u~ndor a ~atr~u~n~g~er sand others b~i~ri~ldi~o~g walls ~I~l~l ~t Ill earlier meeting ~t~ur~r~i~l that ~U now dune ~pr~I~A~e~ct~i~o~n policy that went I ~w~u~.~j~q' ~q"~q" to ~qc~qin~ql~qi~qn Portland real ~c~v~a~l~c appraiser %ho ~cal~l~@h~t up %~,i~l~l~, ~i~ts.~" lie said. mission~. ~"Th~a ~d ~b~e a ~V~a~r~q. w~a~m~ed ~W review ~t~h~i, m~at~w~i~. into effect last winter. ~l~i~l~l~s~l~i~l~u~e~'" lie said. 24A Maine Sunday Telegram, December 20.1987 land accord -"reserves Great Heath peat bog A By Abby Zimett Under the terms of the now deal the Nature Conservancy bought---for 50 Cents an acre - a Staff Writer right of first refusal guaranteeing them the right to match any future offer made for the land. The renewal COLUMBIA - The Great Heath. New England's management lease also allows them to manage the bog largest peatland, will probably remain intact and 'a a nature preserve, to conduct ecological studies, undeveloped. thanks to an agreement between the Maine Chapter of The Nature Conservancy and this and to maintain public access. Because the state already owns three-quarters, of small Washington County town. the heath the Nature Conservancy arranged for the Under the agreement, the NatureConsenvancy will right of first refusal to be the state, in the unlikely event that a developer should ever try to buy acquire for a nominal fee a right of first refusal to the the heath. 1,000 acres of the heath owned by the town. The rest of the 4,300- acre heath is owned by the state, The agreement will also give the environmental According to Smith, the town did try to sell group a 15-year managment lease to manage the bog its portion of the bog several times in the past to peat as a preserve. The deal is expected to protect the mining developers, But no,sale ever resulted becAuse heath, hometo a number of rare plants, into the no one could get clear title to it, I forseeable Now. he says. people feel It's just as well. While perhaps to the past -the old people just took it for "I don't think It will ever be developed,' says gr anted," he says residents now appreciate the value Columbia First Selectmen Bartlett Smith . "Now, it's where it should be." of the heath and want to see it protected - which is 'Me Great Heath. divided by the salmon-rich why the deal with the Nature Conservanct was I Maine, A registered critical Area, It boasts unanimously approved by the select . several "Nobody In town wants to see that land exploited,,, endangered plants, including the rate "dragon's he says. It's unique and It's non-renewable. Mine it, mouth orchid," a small, pink orchid, and the 'baked- and it's gone for thousands of years, and all you've got apple berry,' a memberof the raspberry family. Is a bighole In the ground. All for a few bucks." The northern 3,300 acre* of the heath fall to He cites the bog's pleasures: purple flowers In the unorganized territory and am owned by the State summer its "bloodred" color in the fall, the way it Bureau of Public Lands. The town of Columbia owns u up"like the ocean" on fall mornings. its southern quarter and last unprotected portion, "You got to appreciate things like that" he says. owed by a peat-mining developer. we hope to keep ours," creation of the legislative commission on Land @_onse r v a E_ -;on Fconcm i c I) evn- '_c omen t ra the- 'I, a,-= session. The Commission is charged with reporting to the Legislature by th-is February 15th, as reported in the Progress Report for the Period Ending October 31, 1987. The clippings reproduced belowillustrate the scope of the concerns and approaches proposed by various groups. 0 DEP Land Use Eund DEP start s land use fund .AUGUSTA - The state Department of Environ- mental Protection has announced a S150,000 fund to help towns with legal costs of enforcing land use law. The money was set aside by the Legislature as a reimbursement fund for communities doing battle !n court to protect lakes. No municipal- ity may receive more than S25,000 per year, according to the DEP in a prepared release. Towns must apply to the Board of Environmental Protection within 90 days of the end of litigation. Eligible expenses include court costs, lawyer and witness fees, officials said. Reimbursement is available regardless of whether a town wins or loses a court case. 10 ~0 10 REAL ESTATE UPDATE DECEMBER ~~W~ New ~2qarowth m~qan~qnem~qe~qnt pro b~qe~in~qc~, ~qP A,I A ~q1~1 oar d b ~q-~,7 ~q1 ~l~qe~q- ~i~qg~m~6qa~. ~q1~,~0qa ~qt ; ~6qv ~8qo ~0qc ~4qo ~8qm~qr~. ~8qrn~qi ~qf~0qf~6qe~2qe Over 7~0~ftv ~'~4~u~i~r~r~e:~:~omMu~m~o~c,. ~@~7~o~s~i an ~@~cc~i~o~i~n~t~c~u~o~a~m~i ~)~(~,~i~x ~j~@~n --c~omm~en~u~a~t~i~on~s "If ~-~~o~w ~*~Q ~j~!~a~n ~L~z~k~c ~@~I~a~S ~~N~A J~l~r~q=~u~v~I~. ~7~-~i~l~s ~n~o~w~a~i~i: ~-~4~:~Ls -,thin the past ~I~.~(~, years. h~a~,~c ~e~g~l~ac~l~ed and three state senators. F~or ~(h~e past ~few t~and u~s~e in ~M~ain~c. "I ~m~c~omm~en~u~a~fion. ~ec~n~o~e~d by Rep. J~orm Cashman, ~c~o~u~ir~m~s~- ~e~@~P~C .~,~1 ~I~"~o~h~.~lh~ly in ~t~h~e form of ~a statute, III he ~s~io~i~i ~o-~r~i~b~er ~i~nd a r~v~a~l ~e~s~i~"tc ~hu~s~in-~s~m~a~i~i Month~, that ~c ~I ... I ...... n I., -ndu~,~t~,d ~I~I~)~c-~'~a~l~l~e~m ~N ~to ~c~u~l ~A~r~o~l g~iro~,~i~qh am. ~s~a~y~, pub~b~i: hearings in Sanford. ~on~s~id~er~e~d by ~th~e Maine ~1c~p~s~ia~tur~e in from the Augusta ~a~m~a. 'Maine h~a~@~s ~h~i~s- ~Zv~c~r~e~t Carson ~o~f ~the ~N~a~z~ur~al R~e~@urc_~s Au~vu~s~(~a~, and Houl~ion go allow c~m~i~e~n~s it) F~tb~r~aa~n mri~c~a~i~lv left ~o~l~a~n~t~i~m~v. to me ~C~,~.~n~,~,~, ~o~f ~2p~p~p~p~p~p~1p~p~p~1p~p~1p~p~p~1p~1p~p~1p~p~p~1p~p~ express ~d~h~em~s~e~N~c~,. What ~em~er~c~i~d from ~-~r~i~c public ~C~.~L~hm~a~r~l ~a~y~,. the land u~s~e cns ~s" oc~cu~rrin~i~z in Maine. In addition, groups representing di- hearings, according to Susan Sinclair, staff tic cautions, though. "that's f~in~c for ~'Th n~pr~e~c~c~d~e~m~ed ~d~e~%~dopr~~n~t~m verse interests have submitted %ri~(~t~e~r~t ~Pr~o- director ~o~f* the Growth ~N~i~an~a~l~a~cm~c~m P~roj- Portland and Bangor. but ~fur A [own of ~h~o~or i~8qLr~qu ~.~' ~" ~I~.~'~. ~p~a~c~t~i~n~g p~o,~a~l~, t~o ~th~e ~co~m~,~n~i-~o~n. P-p~o-~1~, ~c~c~!~. "~i% the amount of ~@~o~i~i~s~v-u~@ ~w~oo~l~l~i; 1.2~(~N) people to generate a comprehensive '~"" ~c~o"~I"~w" th~e ~er~k~@~.~ror~l~l~o~.~g~l~l~, economy, ~I~l~l, in ~-~4 have come front ~t~h~e Maine ~R~"~I ~E~@~I~j~(~c people ~t~e~s~o~iy~oi~g: concert% ~lor ~w h~o~t un~co~n- plan without help from (he state ~I% ~u~s~L~i~n~g fashion ~n~e~s~e~, ~bJ~b~;~m ~s~ee~,~, i~n h~i~s century*" ~1) .. ~l~op~gr~, A~s~,~,~@i~a~li~o~g~r ~I~MEREDA~), ~N~a~l~- I .. ~I~l~ed growth ~i~s doing, a ~lo~t ~u~bou~, ~1~1, too much ~I~P~copI~cl don', ~@~a~m ~t~h~e ~I~a~l~c "I Changes from growth. concurs Richard Ural Resources Council of Maine (NRC~)~ ~f~Qrd~abl~e housing and farmland loss and be overly ~r~e~N~tr~ic~ti~s~c~. bu~t to pr~o~@~id~c ~a~s~s~i~s~- S~i~l~k~i~n~an of ~qf~qt State Pl~an~n~in~i~z ~01fic~e. Maine Municipal Association ~(MMA~)~. conversion. and pressure on natural re- Lance ~o~n request and general guidelines, have .~1~l~e~c~i~c~d "-~c~r~yd~a~y ~a~c~t~i~v~i~(~i~c-~11~h~e ~way and State Planning ~O~ffi~c~t, ~I~SP~O~). ~(S~ee sources." ~The extent of these concerns and if they ~f~lo~c~a~l~s~i want i~t ~i~t~) b~e a very ~we interact .~i~l~l ~ou~r ~N~i~mn Street,.' chart ~o~t ~t~h~e~,~ir ~pro~p~i~r~s~a~l~, ~o~i~l opposite ~p~g~c.~) was evident hy ~th~e crowded h~e~aring-~o~v~er restrictive ~co~u~l~mu~m~l~y~, they can." Th~e challenge is. ~i~c~cur~ifin~e go Silk- These [bur groups also discussed ~th~e 100 people at both Ellsworth and Sanford. As Ca~@hr~gr~g~an~'~b ~5~r~a~tt~er~n~en~t~s ~i~n~d~i~c~a~t~e. man, ~"how to evolve from a state which issues ~at a "State Initiatives in Growth" for example. while a comprehensive state plan ~may ~b~e used land use ordinances to protect natural panel ~@po~o~sor~cd by (he Uni~v~er~s~i~(y ~c~i~f While [he same problems were corn- controversial, the need fur state technical r~c~@~ou~r~v~e~s to a slate which use% land u~s~e Southern Maine's Growth ~M~a~n~a~i~!~em~e~m m~on~iv cited, the same ~g~e~r~r~i~edi~e~s have also a~s~s~i~s~(anc~e is not. Sinclair I ~-Inds that them ~o~grch~o~j~r~g~c~c~@ to ~chr~ec~( and treillage ~gro~%~th.~' Project in m~id-No~v~e~m~i~s~cr~. ~b~e~cr~i recurring among ~tho%~e proposing is "a lo~t of consensus (on) ~a~i~r Increased That challenge h~i~s been h~ar~g~ed go ~T~h~e ~o~m~m~u~s~si~on will now ~d~i~s~cu~s~@ the solution%. ~The three major ~m~e~n~i~c~s have ~c~omm~i~nn~en~t to ~tr~i~m~i~n~i~! ~a~nd technical Gu~,~c~mo~' M~cK~cr~g~i~a~n~'~, C~om~m~i-o~n ~on information it his heard and ~r~c~ad ~at two ~h~@~cn ~( 1) comprehensive planning at the ~a~s~s~i~s~L~a~nc~e.-~th~e community needs mom I.-~I~n~d ~C~o~l~i~s~cr,~a~t~ion and ~Ec~an~u~nu~@ Growth. ~@~o~r~k~,h~op sessions and then prepare ~ts stage. regional, or ~h~i~tul ~~e~,e~l, (~2) more resources to be able go plan." ~funcli~m~! and technical assistance to ~l~o~c~il Representative and commission n~i~e~r~n- communities. and ~(3) better p~ro~l~e~c~ti~on of ~b~e~r An~n~e~u~e Hoglund ~o~f Portland ~a~gr~c~e~s natural resources. that ~~N ~@ ~o ~one I~(~X~,~k~l~l~l~g ~t~o~r ~[~p~i~t stage ~g~o Other ~u~g~gc~s~:io~n~s have Included ~In- Mandate~, but more or less ~n~e~lp with creased enforcement, impact ~f~c~e~s~m~g d~e~v~c~l~- ~L~e~chnu~l~o~g~>~,and fi~n~a~t~ic~in~g." op~er~s~. commi~um~e~n~t to affordable housing, ~"~'~D~e MMA surprised me.- she adds," and land speculation (axes. Following is a by opposing the idea of a comprehensive summary ~of ~th~e major issues addressed at plan. I believe towns ~a~n~d ones r~ic~e~d a ~w~!~"~I~'~l~e~l~l proposals~. ~I~n~'. plan, some son ~o~r a, ~s~t~ruc,u~m~, I. cc what at ~i~n.~: USM~-~sponsored panel. towns will ~b~e~c like If~) to 15 years from Gro~8qw~7th plan dra~2qv~.vs ~o~c~a"~n~"~.~"~q"~h~e ~ ~. now," ~(S~i~l~k~n~i~an suggests that ~to.~m. have State versus ~l~i~q"~I control landscape architect, construct 3D mc~A~e~l~s Most groups agree on the key land of what zoning changes will bring.~) fire from all sides use weakness in ~Slam~e~. That ~i~s a land use Also p~o~in~i~ing out the n~c~,~-u ~Ior '~io~m~c By TOM BRADLEY ~ql~qr~qj 2~8q1 ~I~:~s stage permit system that makes decisions o~n a h~elp--~guid~eli~n~e~s" from the stale was S~en. ~'~1~0~8q/ h~ens~ivc plan a~nd manda~t Guy Gannett Service review of each town's plan. The ~c~a~s~e~-b~v~-c~a~s~c basis without an overall pian- Margaret Ludwig of H~ou~l~t~o~n ~a~nd com- co m~i~ll~ission~'s proposal also called n~ing scheme behind it. Thus, there ~is r~i~l~k~s~i~o~n Member. S~h~e notes that m~ar~g~y of A~q@GUSTA - State officials have fo~r more funding and a slower proof that G~o~v~. John R. ~McK~er~. timetable than ~M~cK~err~ian's ~g~en~e~gra~l~a~gr~e~em~en~i ~ih~a~(comp~mh~er~r~s~i~@~e plan- the small ~communi~fi~c~s in her Ar~o~o~,~t~o~o~k nan~'S growth management strategy proposal. ning is needed. The question is. should County district ~a~r~e without zoning boards is a ~"midd~ic~-o~f-~ch~e~-~r~oad~" plan - it ~McK~ernan'~s package does not ~@uch planning be done statewide or focally and have part-time selectman ~w~h~o farm has drawn fire from all sides since require that towns develop a com- or ~N~)~f~h~? and do other ~j~o~@~b~s for a living. A~t ~T~h~e the governor unveiled it a month p~r~chcn5i~vc plan. ago. But ~Silkman said :he plan would The ~t~>~i~s~i~ti~o~.~, of the rn~ai~l~l ~c~r~o~c~i~o~s ~s~a~in~c time. she say, ~1 think local control Criticism of ~-~n~c plan ~h~a~s come d~cn~v entire categories of state grants -b~i~n~t~i~l~l~i~l~i~e~, written proposals ii~lu~@~krat~c (he ~.~1~1~1 ~fi~v~u~m ~h~i~,~@~h~t~y~.~' from ~en~vir~an~m~c~n~ta~lis~@s. municipal- a~r~i~d~-o~4~ld prohibit n~e~w subdivisions pr~i~d~o~oph i~c~a~l r~ar~l~R~e of answer,, ~w this B~qc~i according ~to Gordon H~an~ti~m. i~fies and developers, State Planning or other development r~equ~i~n ~.n~g stale Di"~ec~tor Richard Si~l~kman said approval for any town that does not question. president of MEREDA and a participant in Tuesday. ~'have a comprehensive plan by The MEREDA proposal calls ~for the USM~'~, panel, h~is association feels plan- Silkman said environmentalists 5~ta~t~e-s~et deadlines. lung ~~*~h~a~s to come from the state down have criticized the plan's lack of an state ~to develop a comprehensive land ~t~r~w The deadlines currently proposed plan. with mandatory local plans adhering (b~c~c~aus~e~j it doesn't seem to be ~%or~k~i~i~w automatic state review of ~to-r~i~V by M~cK~erna~n's strategy include a comprehensive plans and the deadline of the end of next year for go (he ~s~t~a~i~c~*~s guidelines, Local plans must the other way. Lots of communities don't absence of a land speculation ~qw. municipalities of more than 500 speak to specific areas such a~s ~e~cono~t~hic have the ~e~xp~e~ni~s~e." ,Mum icipali~ti~es have questioned residents with a ~15 percent or more d~e~v~e~l~opm~e~w~. affordable housing. natural An emphasis like ~N~IR~EDA~'~s on "state whether the proposal is ~t~oo aggres- population growth since 1980. sive and underfunded, he said. Silkman said 35 go ~40 towns, most resources. and~-~ira~f~f~ic. While local plans oversight worries us ~a lot," says Kay And developers want ~c~l~q=~cr cri. of them in York and Cumberland ~i~l~l be reviewed by the SPO. they can Rand of the Maine Municipal Association, teria on development moratoriums counties, would fall into this only be overturned upon appeal to a newly also a panel member, "We see it as taking and on impact fees, he said. category. away decisions from the local level where "It'~s a ~@~try middle-of-the-road Th~e deadline for towns of more created board. proposal," said Silkmar~g. than 500 people with a population The NRCM~, whose final proposal is they Wong The only area we recognize a - Si~lkman, Environmental Protec. growth of 5 percent or more would till being dr~a~t~c~ed. is also proposing a legitimate tole for ~t~he suite ~i~s protection tion Commissioner Dean ~M~a~no~t~t, ~b~e the end of 1990. About 70 towns. state land u~s~e program. This program will of critical natural resources ~I~n~o~o un~l~o~c- and ~Na~tha~m~al Bodi~tch, director of many of them along the Interstate 95 the Department of Economic and corridor, would be in this category, m~a~i~r~i~d~a~t~e ~l~o~c~ai planning and call for pro- used ~a~xc~a.~% like affordable housing." Community Development, defended he said. v~iding financial and technical a~qw~s~qw~c~e to Imposing state guidelines on local the elements of ~N~IcK~e~r~na~n'~s pro- Other towns would have a dead. local and regional planners. communities will "halt Momentum under- posal in a meeting with editorial line of the end of 1992. While its recommendations art: y~qet to way i~qn sonic communities- already doing writers for Guy Gannett Publishing The ~qi~qf meta bl~qe is two years shorter Co.'s Portland n~qe~q-sp~qap~qcrs. than the proposal by the legislatively be Finalized, the SPO is currently stress. Planning- ~qs~qhe adds- The chief competition to ~qI~qv~qIcK~qer- created commission. ~qSi~qlkman char, ing funding for technical assistance to nan~q'~qs package is a strategy d~qe~qv~qe~ql- acterized the timetable as "a very communities. sonic type of c~qo~qmpr~qeh~qe~qn- Co~qn~qtr~qul~qs on development op~qed by a legislatively Created ambitious schedule" but said most is~qsion that requires each of the data that towns will need ~qsiv~qe planning requirements (particularly in Besides the debate over whether the municipality to develop a ~qc~qompr~qe~q- already has been collected. high growth areas). and perhaps allowing scale or local g~qo~qv~qerr~qu~qn~qcr~qi~qf should exercise ~4q-n~qe ~q(~qa~qt~qe ~qp~qer~qg~qu~qi~ql~ql~qi~ql~ql~qi~q; go be local~q, the rn~qo~qs~qi control over land u~qs~qe is the issue ~q"~q'~qM~qm At tire ~qo~q(~qf~qicr cod ~qo~qf the ~qsp~qe,tru~qm from ~qo~qf ~qhow mu~qc~ql~q'~qt control over development ME~qREDA is tire Maine Municipal A~qs~qs~qo- should be exercised~q? elation. Th~qe -i~qa~qti~q.~qo ~qI, strongly ~qm~q,i~q,~qt- ~qThe answer may vary by region. ~qa~q% ing any state comprehensive pl~qa~qimin~qg in Sen. Hoglund points out, with northern favor oi- local communities Maintaining Maine having "a %hole different outlook. maximum control over their destinies. ~q"They I~qth~qe N~qor~qthl are in need o~qf some sort ~qTh~qe a~qs~qs~qoci~qa~qs~qi~qo~qn~'~qs position was ~qO~qn~qe of growth. Their economic p~qi-o~qhl~qe~qni~qs ~qa~qm heard often around the state. "Towns don~'t so different." Margaret Ludwig echoes, %ant the state to tell in," Sinclair ~qs~qay~q,. ~q"W~qe I A~qr~qi-~qt~q,~q,~qo~qk C~qo~qu~qn~qly~q) are trying I- ~qf~qi~qn~qi~q) ~qc~q@p~ql~qa~q,n ~qg. "Maine i~qs . h~qo~qo~qr~qe rule ,~qi~q" to ~qI~qi~qu~qmn~qe~q" ~q.~q1~q1. ~ql~ql~qu~q.~qn~qs Call ~qI~q'~qm~qk~qi: ~ql~qa~q.~q, Ill ~.~q,~q1~q1~q5 ~qI~ql~qe~qj~q, the Four Growth Mangernent Proposal S The following summarizes the positions o the four main groups regarding key grown planning issues. General agreement exists that there should be more state funding and technical assistance to local communines, and more regional pianning. it shouid be noted that except for the MEREDA proposal, the grcuPs'prcposajs h1ave nct Lieen tinaijzaa y9E. Maine Real Estate maturai Rescurcei Developatent Association Council of Maine State Planning Office Maine Municipal Association New state comprehensive land use A state comprehensive planning A state comprehensive plan. No new state agency or process. board and plan. program. Mandatory local plans, adhering to Local planning reuired. Partnership with stateilocals. Perhaps Locals retain control of planning. state guidelines. Appeals of town locals take on more permitting. plan to newly created board. () State plan promotes (1) Close loopholes in existing Prevent Haunting of environmental State review continues and responsible development' and environmental laws. laws by improving enforcement with enforcement improveo in critical multiple uses of natural resources. (2) Expand state environmental stricter penalties and more local code areas. (2) Some environmental permitting oversight to more areas. enforcement officers. ers ht returned to local level if (3) Develop strategy for using $35 I= an meets state approval. land acuisition bond. (4) Develop mechanism for towns to ouy land. Impact fees: construction of onsite Land speculation taxes on uirk Impact fees under discussion. improvements or fees for oHsite resales of land. Financing of planning from general improvements related to fund taxes. development. Establish standards fo(moratoria -(Prove public facilities shortage or mpefling need). -We're all for conacils," Ludwig adds, set standards that communities must Affordable housing noted, who "had bought something (horne) "but don't want to see rules so stringent follow before enacting a moratorium. One of (he keys to not losing to enjoy the uality of life in Maine, but this prccnls; us front any development." These include the local government traditional values is controlling the impact now find it unaffordable." From a developer's standpoint. justifying the moratorium by proving a of development so the average Maine As pan of its state comprehensive Hamlin claims that. "All we as developers shortage of key public facilities, such as family can afford a home. The problem is plan. MREDA thus suggests establishing .a is tell us what you-want. If you sewers,. or an otherwise "compelling a serious one. As Rep. Hoglund observes, "active strategies" to increase housing op, don't ve;vit high rises in Friendship, need." "In York County you can't find a house tions in the stAtc. Rand of MMA. how-, Maine, you should tell u-.Dcvclopc:rs Rep. Joseph Mayo of the commis- for under $100.WO." Many young people ever, feels ;hat isNues like affordable hous- want a clear understanding of what the sion, for one, "is very skeptical of came to the Sanford public hearing, she im: arc "too unfocucd. avuc ror state community really Wants," NIREDA, he limiting municipalities' (fight] to consider control. She feels that the -uc depends stresses. '*is made up of Maine people, we a moratorium." Cashman, however. feels inure on "market phenoniona- teNund the live here arid work here. If we have that moratoria am not a logical solution government's control- unbridled growth, We arc going to foul our anyway "because obviously deelopcrs are own nes4, so to speak." I responding to a need, for example, for One of MREDA's most controversial more housing, and a moratorium is not plan. "critical environmental areas" be decrease in amount each year and disappear prposs is its suggestion that the state going to make that need go away." inventoried and appropriate uses on them entirely after a ceriain number of years. It be Jesignaied. If also recommends the is 4 response (o companies like the Patten plan "include provision, for recreation, Corporation. say C_rsun, ilia., ace '*buy- park and other open pace.' Nlum ing. not investing. and reselling a( a controversial is its proposal to return tremendous prot-it' right after purchase. vanic of the land use and environmental The tax would be funneled back into the community. Ilanilin nutes Nil' 'DA pennining proeeses to local control once RE Natural resources prolection a town has a itate-upproved comprehensive -certainly wouldnt be in favor of it plan. MEREDA is. however, "en Next (a more tile a,-imance to the concept of impact fees for tne infra- towns. the proposal on which there seenis Enforcement structure." Hamlin adds. This might in- it) he most agreernent is better protection RecWnizing that calls for better pro- clude, he ggcsls. onsite capital improve- of natural m%ources. inents. uch a, ide,alk,. or fee, for Rep. Nlayo comments (hat one tection of natural resources, for example, concern shared I bv many "i the need for does not ensure the la- would be fol. ofNac improvements necessitated by dcelopment. such as; roads. In order to creation of green pace. open pace." lowed, many people have emphasized the levy these tees on developers, communi- Hoglund notes (hat in northem Maine need for stronger enforcement of laws. ties will have to develop a "rational pughetti lots" are feared and people are The Shorcland Zoning Act. for one. scheme to allocate to developers what they pleading lor farinland." And Sen. Csh- "is diverged from a disturbing amount of have to pay per suare foot. for example." man blames "heller sketter" growth for times." comments Silkman. The SPO re. As Sen. Hoglund states. "Developers -destroying good farm propeny and open commendation. in particular, emphasizes don't mind impact fees if they know up space on the coast." this issue. Currently. the SPO is propos- front and understood all the costs. In regards to land. Silkman notes the ing a pcitalty system for violators, in. Ecryonc payi, a little no one seems to itate has a stewardship role" Lis owner of eluding "suffieient disincentives to break. be opposing that." numerous lakes, parks, and other areas. ing the law," says Lord. Additionally it However it is eventually firucticed. One o4i the State Planning Office's pro- suggests "beefing up local code enforce- 1. planning is not cheap.'* Carson notes. posals is to inventory land and develop an mem offices since most fivirimoing is at For instance, it cost 550 million to .acuisition straiegy" for using the S35 [he local level." institute a statewide plan in Oregon. but million approved by voters for buying they "found planning Works" Silkman Maine land. according to SPO's Denise adds, "Planning minimizes long-term Lord. Fees and taxes costs. The past three years most of the NRC%Isuggcsts developing a mechan- One of the aspects of planning ex- inflaislyacture budget has been spent ism by which towns could buy up public pected to prove most controversial is the chasing development." lands. The organiz,ation is also proposing imposition of fees and taxes to help pay As to Whether appropriate funding expansion of state oversight to environ- for the planning. "Financing is clearly the mental areas currenily no( covered by state toughest uestion.- notes Carson. Will be found to blueprint the state's review. including critical wildlife habitats According to Silkinan, the growth, Carson is "optimistic, because it is so absolutely necessary for Maine's and buffer zones along wetlands. It furth- expecting money to come front thellus4:4ele"s future." er recommends closing loopholes in exist- general fund. with no addifitanal taxes. ing environmental laws. such a% condomin- The NRCM. however. is proposing a Ed. Note. The USAf panel discusshm h'ill iums being excluded front site reviews. land speculation tax. Which cold he he aired on public cahle sometime in NIEREDA'i p,.po-i tiggem, that as assessed on buyers who m,,ell land w ithm Dec emher. For tinies. call the Gro,vrh pan of an overall state comprehensive a few years of purchase. T'he tax Would Al-acremeni Project al ZY04-hY0. COMPARISON OF MAJOR GROWTH MANAGEMENT PROPOSALS Natural Fuesourres faint Real Ft Maine Municipal MCKerru by Jerry Bkv Co. oil o(Mlitt, Ass-isil:.. Ad-is;rad- The Council has submitted proposed groll It management legislation to the Com- mission on Land Coscrvafion and Eco- T PC planning Reuire i towns to declo; com- Reuircto-, to dedo co- No new reuirements for ocal E-iih incezi-elfriot d:'-d) ?v P P , res planning. 14. rare review of for-n- pian. 5,aic,c -p, nomic De,elopmem, as ha% e othe interrcred preh,ris ve lacts and imp;emen prchcmz,t lan tha, add _121on programs that address state -i; plans inur 6, a;,- local plans broad biect-s Suit parties. These proposals are detailed in the seven rate land use goaK- plans provea li state rev.- of c-it 6-:i, of most recent issue of Main, GrwIh .11anage, to be ennewed by stall plan in determine tlig.icdi:,for men, News. incentives. The maior proposals concur that the key i to managing Mairies rapid growth is to strengthen s nificantly local comprehensive Create a new Depain-I of Suit Plaarting Offlice Department o f Economic and Not specified irule planning and to implement local plans with in coord Land Use Planning. Community Doelopincrit clear and effective prog=s. Most proposals support major funding assistance from the srate. but there is little agreement about how to achieve this goal. State funding for S:,, to P-ide 7. of I-al Not specified. S8W.000 to regional councils for S5o)K)0 (pl- SI.500.0v:ri - Should towns be reuired to develop com- local tnd resi ... I p nning costs; funding for techm a] assistance to towns; ond earj to recional p-inii prehensive plans or should the state en. planning reelorial planning to - funds for planning grants to agcr zies to pr-cle tc_.-al courage own plan throueh various incen- pand technical assism- and to town. --itce to tir-s. ' Sto - .ndu ,egional in-io- lies7 Should the state c 'ablish goals to guide local planning and if so, should the state review local plans to ensure that resources of statewide importance arc protected? "Iltse are extremely important ues- Changes in 1-1 Towns which have in i-ro'ed Towns which have axi appro- Towns lose Permitting author- To.ns can as4ume somc sure tion said Brownie Car,on. he Council's b-imn pan can assume sonit rspon. plan automancall as%ume rrno, in tdcrti(ied ,E!cal m-onmen. per-ifing rexp-stitit:in -P.-biliti. sb,fine, ... heid i,, gii. .It p-tarig -,riubihtie, ul areas if local protection plans ut ive director. "Weve looked at many are not adopted. Systems across the country and we ha%cn't round one in which a strictly voluntary pro- graim, has been effective. In the successful pro, -acre lot exemption Cl- elected loopholes g, "ems, primary decision-making msponSibLi- 0-ingi Ioophi,- EImLinlll all major loopholes in Oppose closing of loopholes, Eliminate 40 ity stays at the loca level. i h strong leader- in "ust a 5 .. Subdi-Lon U, and in Municipal Subdoision Law. (unspecified). I t LURC law ship, support, and overs ight by the state. Carson added that lol decisions can pro. foundly affect resources of statewide impor- ta rice. such as working waterfronts, afford- able housing. and critical environmental chlug" 1. 'late Expand and sircrigthen Subdivi- Establish new laws that would Strengthen Municipaid Subdivi. Unsoccified rrisions to Site areas. sion, Shreland Zen- Fresh- lima a -'s abdit to enac, a sion Law. Lw. Sh-land Z.-ir A_ nj Other issues before the commission which water Weiland, and Site laws. moraconum and that would Suldi-ion L- consoi-on Co are sure to be controversial include the Coun- u nsolida(c re" urcc protection strictly derine the use of impi,n of resource protection ia- s into - rattiu, and add fees on development. oil's proposed land speculation tax. climina- coastal erosion areas. critical tion 0 f!oopholes in rate land use laws, and wildlife. habitat. frapit high mountain areas, and cal new protection strategies for important en- heritage areas. ironmentzl resources such as critical wildlife habitat. ne following table shows how each of the major proposals has approached key issues. E,tablish training anc -cing Not smitized Otto itate fu ding for full-time Urspfied fundinz to ---c program for local zodc ,Iorcc. clode triforcenment officers. vri and local -for:-, ner, office- Suit od, 'o as -i local .- and - pirid DEP trif-Iii,re.. Tax I.-Ii,es Establish a land speculation tax Cppoed to speculattion and =1 Allow towns to imp- real Not specified. to discourage speculation and estate transfer iixes. ul, transfer tax 10 fund larid provide funds for growth bank,. management trutia-es. Enable ,owns u. impose real estate tax to fund land banks and planning. 13 ~0 ~~ Ale ~~ legal ~ REAL AC~ REAL ~~s~ ~ ~~ it d~pp ~~MBER ~ REAL ESTATE UPDATE U by Jill ~~r it down ~-~ A ~ ~ m~o~ for its, ~ ~e~~ ....... ~cal officials I~~ or lit". GROWTH CONTROL ~ w~ they ~ ~~~ ~~ hall ~ ~. ~~ `~~ Fear of Freeport ~ ~~ it ~t~allenges ~~ ~~ In Yarmouth, one of tire few Portland suburbs ~ `~ ~~ board ~ ~~ Slices that still has "a small town Main Street,"% tie town ~ ~ ~ council voted six to one last week to ban now ~ in, Stewart from ~ commercial construction and restrict ~~ .."It of development existing homes and businesses in the d~u~ ~ ~`~ ~C~ ~ be by Susan Sinclair - ~h~e it ~ Yarmouth town planner Kirk Schlemmer save lie ~~ ~~ knows ofno other ~mun~en ~y~ ~ such strong growth control steps. -."I ~p.~~f~ ~- ~~ME HELP WANTED--- ~inning to play a larger role in [lie ~~ ~~ :,Cry- hours, Must work wall in a group, deal with of local government. At the U~ Yarmouth ~) has added ~ ~ code ~ on because outs ~ ~ I~e~ ~i~~pa~pl~ppc~2pob~pr~ versify of Southern Maine, Ila~ new residents this decade, moot ~ps~ "~pl~~ ~f~1pg of highly technical ~~ ~ ~~ It ~ are attracted by the town's proximity to ~pid~ thing at ~ ~~ning or previous experience required. Project is engaged in re- quality school system, and (say growth ~~ ~i~ instance. ~pnt~ search. public education ~pe~ supporters) its small t~here. lit ~ ~i~ ~ ~~a~ it ~~ining in ~~~ time, residents have complained in~png~ ~~l~s~~a~ ~ IS describes a ~~2pi~l~ ~~l! of Gov~ there is less parking available o~, I ~ ~l~ ~ and fire ~r~ increase ~1~I~~pory Maine c~1pty-~pl~ Main Street is more congested, and that nice old to ~~i~ ~ ~ I~~ "lag ~p;~ ~~~ ~Ca ~~a~rd n~1p. Ahh~ ~~ ~ ~ buildings are being converted to businesses awl ~o~ ~ tow town ~d advertise the jot, in such a ~ ~ apartments - requiring such unsightly ~ ~ of town "come ~ ~ ~e~ ~ ~ ~act d~~ ~ as fire escapes and parking Iota. ~~0 mariner. this ant ~ ~p* ~ ~V ~~ ~'~~i~ a~e~pic~pov~ What scared the local people into strong growth ~ from ~ ~O~I~ control measures, however, w~2pf ~~~; to. ~t ~ ~10 "Fre~c~i coined by Yarmouth ~ ~ ~ growth control proponents. N~pee~ ~ ~~ ~l~ ~ean, once had a ~l tot ~ne~ ~ ~ ~ ~~~c ~~ ~ treet not unlike Y~1p0- I ~~ ~~~ ~ ~ ~ m~ to Support ~f ~ ~ ~V~ years, more than ~ ~i~ ~~ ~ ~ d~ ~ ~~ ~~ ~% ~ sea tilt ~ ~ %site ~ ~ ~, ~ ~it, ~ ~~ ""AV ~ ~ ~~ ~ ~ ~ side of ~ ~ to- ~pi~t ~ ?"VIA ~ ~ ~~,~"~ ~ Ally~ ~p0_~ Ila C~ To ~~ ~ ~~ ~~ly ~ well ~ I be n~~ f~ say ~~ ~pt ~ ~~~s~~ ~ ~~ ~2pt~- ~~~~r~ I ~ ~pr~ ~o~ n~pi~~Chas ~~~pk~~ I ~- Via ~ that ~ ~~ ~~~e~~ ~~ ~1pc~~~0 ~~pW~ ~ ~~ Worcester ~K~ ~p, j~ e~ ~ ~t to large ~plan- ~a~ 1 ~ ~~, ~i~ ~e ~ ~ ~ a ~ I it ~ series It ~~n~ ~~ ~ ~ ~~2p"~~ ~t,~ ~2~e (~2~ other"" ~ ~~ ~ "ter ~pa~~ ~1 ~~~~ ~ ~ split~ ~pa~ dr~~n~ "tilt~ ~ be held at d~~~pi~ ~%~ ~ ~2pn~1pI~ ~~ ~1pe~velop ~ ~ ~~ I ~~ ~p@ ~~ ~ ~~ ~a~~ ~~m~ ~ be able to ~~ ~~ ~ ~ ~~p.~s~ ~~ lit 1 ~v~ I ~ _~n~ ~l ~ ~pe~ ~ oil ~2p- adoption ~ ~~~ to ~~ he said ~ ~j~~pe~ ~ Cap!"' Millivolt~1pT~ ~g ~1~ ~ h~ ~ ~ ~ A ~ jot ~ ~ ee t e e~ ~ lit ~ ~ ~ ~ ~ sell~ ~p. ~pg~ ~~e a ~s~~ ~~~ ~U~ .,ter ~ ~.~P~pr~ ~~~pI ~~O~ ~2pt~ ~l~ ~pt~e~ ~ in ~ ~ ~~~ bile I the ~~ Planning ~ ~s~ ~. pre,~ ~ ~ ~~s fall ~ ~pU~ der~ ~~ ~ ~~ ~h, last ~v~phCon,' while ~ ~'~ ~pl~pi~~ ~~r~~ ~I~p0~ and ~ rage ~ rambles Worcester' ~~T~ 'ear ~W~~ ~~S~2p-~ Planning ~~ ~or~ ~~1~ jot ~l~ Coll ~h~ ~~ ~~~d~~ ~i COO, ~pu~ ~~ ~~~pI~~pct~ ~~.~~ Spec ~0 Workshop set on coasta'l growth ~1/~m~i/~i~qc~qr ~- By James M. McCarthy boats. been lined up for the conference, Participants also ~i.11 learn how to Eddy said more than 100 people ~- ~- ~~u~r~ ~P~.- ~B~ri~n~s~w~ic~i~c ~T ~@~w~r~i Planner ~M~a~6~e~- which is ~m~n~e~d~,~_~,~led ~to ~qt~. ~f~!~,~m ~9:30 conduct inventories of the uses of have ~r~e~i~r~i~st~ered 'or the ~:~o~nfe~r~@~e~n~ce ~d~r~i~a ~ot~n~e~f ~7~-~6~c~', ~s~a~l~z ~t~n ~:~7~q1 ~~~~~~~d by inland ~re,id~i~e~n~t~i~a~; or ~fu~nh ~r comm~:~~~a~l~l~d-~l~o~p~m~ent~s~, with ~0 a all~-da~,y~5~0- runaway deve~qlopme~2qm~' ne o~f~f~ic~@ ~6 locale amp e being the c~lo~su~mofthe a.- Maine p~6qond--,~qI ~8qZ~q) cool Har~a~~eket River estuary in Free- Maine Coast port to shellfish harvesting due to a~nd eat it to Not all areas of state favor efforts to impose limits~.on growth pollution. ~B~o.doin C~o~l ~i First of four art)~~c~i~e~s~) A prime suspect for at least ~p~a~n of Eddy said ~N ~1~1 th~ pollution is ra~w sewage from a tended to ~a~t ~8~v Nitric~, ~R~e~m~s~e~n Olt pipe emptying into a stream that developers, Oi the N~q@~%~VS Staff ~qX ~~ ows into the north end of the citizens to t~i ~% estuary. Other streams flowing into growth can I Some say that the ve~r~v e~s~@~en~ce of Maine is at ~8qZ the estuary, some extending into the environment stake in ~I~l~ie d~i:,~cus5~i~ons under ~wa~y this winter village di~t~ri~ct, might also be causing be a ~way of ~d a ~bou ~I how to control d~e%e~lopme~m~"m the state. Accord ~i ng to Gov. J ohn R. M ~c K~er~n~a ~n. dev i ~s ~i n ~g ~I~~A the pollution - as well as illegal m~a~i-i~m, ~r~e~5~ut ways to manage growth ~@,~f~ll be crucial in ~l9~a waste water discharges from pleasure More that ~be~q6u~se of the impact that ~ou~t-of-con~trol devel- opment has on ~the quality of life in Maine. ~N The growth-management issue ~has drawn ~i~d- most und~i v~ided attention from interest groups and brought lawmakers to Augusta ~thr~ot~i~gh~out ~6 the fall to ~itudy proposals for the current leg~t~i~la~- live session. The irony ~is that many people in Maine have prayed ~to years that growth would ~ttamped~e ~r north. carrying with it jobs and prop~er~i~ty. Yet. while people in many communities ~i~ne~ast- ern and northern Maine s~ql~ill anxiously awatt a development surge. there are people in ~commu- miles along the coal ~t. in the southern part o~t the s state and ~in the v~e~s~tern mountains who feel like ~2q4 ~ih~e~y~ve been trampled. "'Rapid. unplanned growth of a most d~e~~s~t~r~uc~. ~t live nature is -hat's happening. Just look around." testified Shawn O'Brien o~f Franklin to members of the ~L~e~g~islature~*s Land C~onse~n~-~a~t~ion and Economic ~'~q>v~elooment Commission. a g~. ~cup asked to respond to a public outcry about growth. ~4qV Unbridled growth has been blamed for the dis- ap~I:~tarance of affordable housing. the d ~t~i~on of cr~i ties I w~i ~Idl~i fe h~a b~i (at, I he ~e~l~i ~i~n i n ~'~@~I~si o~t~qr~qu~qo~qf ~t degradation o~l laak~es. the recre~a tonal access. the ~1~0~5~S of he best farmland and timberland. the _or ~A~q@ stifling of working waterfronts. increased traffic ~-~d congestion and rising taxes. ~Z~@ Citizens in as many as ~W Maine communities. ~'~t~, responding to growth that they didn ~t anticipate ~0 ~- ~, ~8qe ~, ~1~q* ~"~; ~2q4 ~9. , ~z~5~;~7 and ~aren t sure they %ant, have enacted m~ora~Lo~- ~,.~m~sor t her restrict ions on de~s ~e~l~opment w~i ~th- ~q? three ears. according to ~ta~lfi~e~s kept in the [as, by he Natural Resources C~oun~c:i o~f Maine and ~4~" the Maine Municipal Association. ~4 Moratoriums are "indicative of a ~v~erv serious problem." according to Ron Kne~sm~an~, an a~t~i~or- J~, ~n~ev with ~NRC~M. ~q?~"~r~4qi Lack of planning has ~se~t communities adrift ~t ~-~0~1 amidst pressures for development. agreed r~epre s ~nta~t~f%es of the ~N~tain~e Municipal Azso~c~ia~t~tor~i a~e e nd th Maine Real Estate Development _~t~s~s~o~c~ia ~t~i~on. ~6q/~2qv h~t now, in many cases. a~d~eve~loper makes the first set of decisions on land," said Carol "Rig Ford~. executive dir~qW~or of the Maine Real Es- "At that point. a tale Deve~i~nper~s Ass~oc~ia ion. ~4qK, community can only react.- But, while growth management has become a See INCREASING on Page 3 NEWS ~G~fa~o~h~@~c ~t~y E- Ze~i~r ~qH III ~i~l~f~DA r~a ~l~i_~,/~S~@~-7 Both sides feel ~2q"re~,~&~4~-~6q3s~u~6qU~-~mres ~6qR~E~,44 ~0qy ~1~-~;~q@~7~-~r~m~. in~g such a big brother role. c~a~n come swiftly in just minutes of Developers That was then. This is now. Planning ~co~m~,c~mati~on~s. find business "it pains me to suggest it." says ~qdc~q- boards grapple *Strained public services. Arch- ~qvelo~qp~qer William Slattery, president of Pc~q- ibald says that ~qth~qe 40 percent g~qm.~qih harder~q,turn to j~qcpsc~qo~qt Associates in Topsham, his Yoic~qc with growth, experienced by K~qenr~qi~qc~qh~qunk in "he list rive rich with that sentiment. "but it appear-, years i` taking its toll. In ~qi r~qe~qc to four that state regulation may be th~qe answer." years. according to Archibald, th~qe new state for help ~q'~q"The state must gel involved." states citizen fears water treatment plant will be full and by Cathy Coffman Steve Ka~qsp~qrzak of Kasp~qrzak Inc. of North by Kelly Nelson building a ne~qw one will add a serious debt It h~qa~qs been one Year since the U~qn~qi~qv~qer- W~qa~ql~qer~qho'~q" more decisively. "The state ~qof Maine may he beyond (in top of the ~q$~q11 million in p~qFincip~qal that ~qwy of Southern I'v~0qiaine held its ~qi~qccond ~ql~qe same ~q'.~qwlu~qtion~q'~q* is echoed by the ~qsa~qving~q,"~qs~qay~qs Gary Archibald, c~qi~qt~q-~qchair~qm~qan (he town alr~qead ~q'y ow~qc~q@. I ~qIc f~qorc~,~q%~qcc~qs that Maine Real Estate Development A~qs~qso- within two Years d~qe~qv~qe~qlopn~qi~qent will be growth management conference at the of the K~qen~qn~qebunk Planning Board, dis. Sheraton Inn in South Portland. Experts ciation (M~qEREDA). which in late October couragingly. Archibald feels that due to w~qithin the sewer districts due to -too fin state control from Vermont~q. Oregon, presented the Committee on t~qa nd Con- .greed and instant profit ~qiakin~qg~q._~8q@Iain~qc has many developers Iwith too much influence .~qind ~qT'~ql~qo~qrid~qa were trotted ou~qt~q. and the %~qer~qv~qa~q(i~qon and Economic Development given away ~qth~qe ~qf~qm~qi ~qalr~qe,~qi~qdy." ~qwi~qth ~qt~qh~qe ~qw~q@c~qtr o~ql~qi~qm~q;~qi~qk.- ~q:~qY~qcning wa~qi carped by d~qcp~qa~qr~qtin~qg State with a pr~qo~qr-~qe~qd legislative package. Perhaps became they are still serving ~q-Thr~qea~qt~qe~qmd ~qen~qi~qi~qi-or~qim~qc~qn~qi. ~qU~qttry Nanning Director Richard Barringer and ~q[~qi~qt language that left some of their on planning boards. current members don't Balboni, a p~qo~qi~ql~qi~qe~qr~qty owner i~qn Naples for his plan for controlling growth. usual adversaries ~qfl~qabb~qergas~qi~qed~q. the pro- ~qnd to %peak with Archibald's candor. ~q2~q_~q5 years, joined th~qe Naples planning board Developers in attendance clapped po- po~qsal calls for more state involvement and ~qI~qc Nevertheless. in their conversations they there when he n~qoficcd "the appearance of ~qli~qt~qely. but after the conference in private or even for the state to impose impact fees. again and again ~qih~qow~q*~qa ~qf~qir~qr~qo~qc~qc~qup~qa~qtion with uncontrolled d~qe~qY~qc~ql~qi~q)~qpmcn~qt.~q*~q* Balboni. the -he next day publicly in the media many It is ~qa~qs~qi if the public begged for taxes. problems c~q%~q@~qcn~qn~qa~qlly ~qar~qt~qs~qi~qng from in. chairman for fi~qY~qe years r~qic~qt.~q, ~qsay~q, that ~q:xp~qr~qe~qs~qs~qed r~qe~qs~qe~qr~q@a~qti~qon~qs about the late ~qt~qak- creased growth. The list of preoccupations Thursday. February 4. 19M Coastal Development Conference Attracts Nearly 300 Participants By Arthur B. Layton Jr. Participants in a Jan. 23 In welcoming"the conference occupied before, McFarlane said. conference in Brunswick about how participants, Brun'swick Town As the human population in- to successfully meet coastzil develol> Planner Matt Eddy told"the group creased. the populations of ment pressures displayed so much that it has become popular it, think scavengers such as sea in gulls terest in the subject that another of only the coast being subjected to increased. and wellAntended federal conference is being considered for development pressure. The pressure. laws all1owed the Canada goose the auto=, accordi g to JoFL- to develop areas by Hand lakes, population to explode, according to 6@ntrell. a senior planner in g7rc-75 ponds. and rivers is just as intense. McFarlane, She said the ' combined n-seii- , aflu W". - -9@ he said. waste of all these warm-blooded NLalt Ulu?. M Commuruty Devetol> Eddy, who said he was mared nezir creatum has wreaked havoc on the 58V1.1,n Au usta. the Connecticut coast, described the claadflats and polluted sw@jnnurig Ma ire Coast: Can demise of clam flats and fishing areas. We HaveOurCake and EatltToo?" villages in that State as the corridor by of the Knowles the all-day coriference on the Bow. between New York and Best on @4==Harbor real estat@ doin College campus drew nearly 300 became crowded with people who &M, greased the desirability a people. increased both local living costs and eistabLishinig land hanks and tr-,Ms to The conference was organized by Pollution. control development. the University of Maim Cooperative Sand a McFarlane, a shellfish After a brief coffee break the Extension Service for Androscoggin biologLA from Orleans, Ma-u-, on conference participants s"r2ted and Sagadahoc counties. Despite its Cape Cod, described the death of Into groups to discuss a variety of location, the conference was clam Plats on Cape Cod from human subjects which included: harbor attended by planners and citlizens and animal sewage as more and management, saltwater and hesh- IT om coastal communities in mort hurnam and their pets moved water pollution; saving commerciail Washington and Hancock counties. onto the Cape over a 20-year period. 5sheries. guaranteeing public access Cosponsors of the session were: the The ir@ing presence of humans to them; and ways of assuring that Town of Brunswick, Brunswick. and their pets forced wild ararrials truly "water-dependerkt uses" will be Topsham Land Trust; Enviror, into the wetlands, wtuch they had not given priority in harbor mAnagerrient mental Studies Program at Bowdoin Dlans. College; Merrymeeting Developers, Inc. (Topsham): Maine Audubon Society; State Office of Community Development; Department of Marine Resources; University of Maine Sea Grant Marine Advisory Program; Natural Resources Council of Maine; and, Maine Citizens for Historic Preservation. uintre , who helped organize and run the conference, said late List week that one of the principal subjects to emerge from the discussions by participairits is that State and community planning laws are weak. "One of the biggest weaknesses is that the laws are not linked to comprehensive plans. Planning boards list look at things on a case by case basis. There is a need to link planning more closely with regulations," uintrell said. She said there appears to be a great hunger in the State, par- ticularly in Ellsworth, Mount Desert Island, Down East areas. for the knowledge aind the tools to deal with development. 16 ~0 Maine Times 41 ~M a~in Street Topsham, ~@~J~ai~i~i~e 0~4086 Telephone (207) 729~-0126 or (207) 865-6947 ~X~, ~ ~-~,~X X~. ~:~-~X`~XX~.X~.~-X~. ~-~X~: ~X~: Managing growth: A good growth management plan should address the problem of affordable housing - by~sub~sid~izing itoutright, bydi~8~c~our~aging the sort of speculation it's a relief to be talking about it at last. that drives out moderate -inc~o ~me people, or by some other me~an~a~. It's irresponsible to let Maine people be priced out of their homes, towns, or Everyone, it seems, is climbing aboard the growth-management tr~i~t~in~. neighborhoods. J~ock McKernan endorsed a mild form of growth control (he even The plan shouldn't ignore tourism, which often fuels growth in mentioned "cumulative impact") in his ~s~ta te-of- the -state speech last week. resource-poor places like islands that are il~l~-equipp~ed to deal with it. The Natural Resources Council of Maine has a plan: so do the state's real Tourists contribute to the Maine economy, but if we're not careful, they'll estate brokers and the ~N~qWne Municipal Association. Fifty Maine towns start costing more than they're worth. have gone so far as to put off the developers with moratoriums; the attorney Maine's growth management plan must protect prime natural areas like general has said he'll go to court to help towns fend off lawsuits from angry the western mountains, the wild Washington County coast, ~a~nd pristine subdividers. lakes. These places define Maine, and they must not be lost. The plan must What's going on here? Isn't this Maine, where we govern ourselves at town include provisions to protect wildlife habitat and the special character of meetings? Where "local control" has near-religious meaning? Are we small towns. It must not ignore traffic congestion or the loss of public access. undergoing a fundamental change in our values? It should come to grips with the stress that rapid development has put on Probably n~o~t. At least one poll suggests that a majority "would like to ~"~a schools, roads, sewers, and other municipal services. Growth frequently more gro~wEb, especially those who live in the northern half of the state." means higher taxes; ~agrowth management plan must confront that problem. Granted, the public may have gotten more concerned than it was when the Growth can be self-defeating. A big project or a rash of little ones can clog Becker Poll was taken 10 months ago, but Maine's urban-rural, rich-poor, th~e.regulatory process, making it difficult or impossible for worthwhile and norch-~s~outh distinctions are still very real. They'll have to be taken into project& to proceed. A growth management plan must deal with ~t~li~i~B sort of acco nt as we draft a growth management plan. regulatory gridlock as well. Maine~'s growth problems arejust as real as the state~'s regional differences Incre~ment~.~&~I growth is a very complex cha~Ueng~e, n~ot only because of the of course. There is the creeping, lot-~by-lot suburbani~zat~ion that's deprivin~q; number of problems we face, but also because of Maine's political realities. us of our rural landscapes and making it difficult for people engaged in A plan that addresses a the problems but ignores the things that make us tradi~ti~ona~qi~'~occup~at~ion~s to earn a living. Subdivisions and m~anUTe-~spre~ad~i~ng distinct from ~o~ne another won't work. Still, it's, reassuring to know that ~the dairy operations don't mix well; neither do noisy working waterfronts and phrase "growth management". ha~s finally entered the public-policy lexicon. harbor-view condominiums. The farm~a and working waterfronts were there It~'~s a start. (DDP~) first, and their needs should be considered first. 7~= ~z~t ~q0 > ~Z ~> ~7~R ~2 ~3 ~7~5 ~L~:~. ~r~u ~Z~;~i ~Q~. ~'~S ~=~, ~- -- 'A ~- ~@~;~= ~2~; ~> ~7~; a 'Go ~2 > ~E > ~< ~~qa ~:~E~- ~;~&~- ~- ~- ~- ~_~@~e ~- ~Z ~,~7~, ~:~E ~5~2 ~_~; ~w~'~R ~. ~- ~1~:~2 ~- ~- ~, ~- ~-~E ~7~2 ~F~4 ~L~a ~7 ~E ~7~2 ~R ~@~'~e ~-~E~; ~3 ~- ~> ~qt ~_~-~@ ~-~E ~- ~5 7~E~. 7~S ~I~r~- ~S ~:~t ~? ~5~7~~: ~s~c ~z~c~-~. ~7~@ ~i~2 > ~7~E~i ~z~; ~Y~@ ~E ~o I ~- ~-~t~a ~2~1 ~- -I ~7~Z~;I E ~z~; 7~= ~1~; ~7~@ ~z ~E ~s~, ~'~j~~2 ~z~i ~qC~72qz ~qC~76qZ ~q2 ~qS 7, E ~q1~q- t ~qZ ~q1~q: ~qF 7 ~q7 ~qE~q, ~qZ 7~qS ~q:~q:~q"~qE ~q5 ~q@~q5 ~qL~q= ~qE > is ~q7~q, ~q7~q= ~qU I 7~qE-~q: ~qV~q: ~2q0~1~0q1~6q, ~8qO~8qi~2qN~4qs 17 ~0 atten's presence not ~2qU~4qn~8qf~8ql~6qo~4qt~qiced in Maine. By BRUCE ELLISON Staff Writer VIENNA -- I~n early 1981, a Farmington real estate Jun= RUM ~F broker named Gil Darrell sold 121 a~c~t ~e~s ~0 ~n ~4q9~q4 Patten is smart ~Ki~m ball 1~10 ~nd ~R oad toast o~b~scu r~e Vermont out fit called Head Office: Stamford, Vt. P~a~n~e~i~q@~'R~e~al~ly ]~or less (hall S~5~0.000. enough and slick Founded: 1966 by Harry S~. Patten. flat quickly ~s ~ib~i~livid~e~d the remote and beautiful ~~fa~c~t to I I lot' d ~s ~Id them to ~r~c~i~lk~s who enough to know the Chairman's salary; ~$7~B4,0~0~0 ~l~a~t~i~out three times the salary of CMP Th I ~qs all ~q0 President John Rowe). ~hou~gh~t Kimball Pond would be a nice place to spend limits of the law. summer weekends. ~B ~t~si~n~f~a~r~s: Buy I large, undeveloped ~t~i~act~i~s of rural land, ~subdi- ~qe~qa Most of tile t~u~iv~e~is were from ou~t-of-~s~latc. They ~i~ad They will press the ~vi~d~e~b~s ~i~r~u~o ~s~m~a~l~l~o~r~"~O~t~s~, a~nd ~ii~el~l~s land primarily to city residents who have I ~a~l.~a~y~, ~,~jm~c~d a l~e. acres su~m~e~f~'~q:~a~c~c limits, but they do want a country spot for vacation or ~tefire~m~en~t. week, PART I away front ~th~e city - a place to enjoy 1987 Revenue: $~81 million. Estimate for 1988 - $120 million. C~0~q1~q1~q8id quiet and relaxation in not cross over them. Profits: $9.4 million, of about 12 percent on sales. the ~qj~qa~qc plea, OF FIVE ~qdr sidings. We believe that Offices In Maine: Portland and Bangor with about 50 employees and bull d a t s~o ~0" They liked what Patten offered sales associates. ~i~f~ic~t~i~c~s. what Is wrong with Patten S~, have ~th~o~u~'~a ~I~'~l~, since ~19~8~1. Projects In Maine: Originally in western mountains. Somerset and hands I ~i~t~' - ~c~i~,years.'I~i~aI~v~, ~has become a big b~i~ssin~e~" these developments Franklin counties; now virtually statewide south of Bangor. Water- Protect No. V~a~l~w~n C~o~, p.. wish a batch of ~s~ub,~idi~a~r~i~c~s~, in I I Is that they are front land, including ocean ~l~ion~tag~e. now most attractive. s~t~a~c~e~s. is listed o~i~l ~O~l~e New York Stock Exchange. ~i~t l~s~@~s Av~e~;a~g~o sale price per lot, 1~98~,~1~: $23,735. ~P~qat~qte ~cco~i~q@c one of file biggest sellers of raw land in occurring in an Numb., of lots sold, 1987: 3~.242. division Maine. with estimated 198~7 sales here of more than ~S9 unplanned Land owned: 31,0~00 ~a~c~au~s ~w~oFth ~$33 million in 11 states. contend ~m~i~l~l~i~m~s~. Land under option: 48,410 acres, worth ~037-5 million. was less I. fashion. Across ~i h~e count ry last year, flatten sold an C~S( km~atcd ~q9~q9 Operates ~t~i~t: Maine, New Hampshire, Vermont, M~ass~ach~u~s~i~at~i~s, Franklin ~1~1~10~0 million in recreational lands - subdivisions Jerry Bl~ay, New York, Connecticut, Virginia, Pennsylvania, Michigan, Ohio, and ~cond~qid~qe~q,e intended ~l~o~t part-time ~u~s~e~. ~n~o~t year-round living. NRC of Maine Wisconsin. ~r~e~vi~a~qe~qc~qi it Its real ~g~r~o~%~t~h has ~c~o~i~n~e only in the list three years of ~s~q-~,~. ~P~.~1~1~.~, ~c~p S with a ~qp~ql~qe, so. as total sales leaped from S19 million to 35 tile ~f~qive.1 million to S~82 million. from 1984 to 1986 Patten land transactions in p~erly. ~"~I~)o they try to do something positive i~n~ip~ac~t on Maine. ~l~il~ey ~T~he cat Franklin County alone iota] more than 3W. with resolved promptly." according to illegal? No. believes. "it is that their ~a~c~t~i~vi~ti~c~% that Pelf~q, deals made in C~a~r~ih~a~g~c. S~i~d~e~i~n T~ow~n~ihip. Jay. N~ew ~t~he commission's executive "By a~nd large, Patten is smart have made more and mo~i~r~, . ~'~; ~i~e only four I Vi~ncy,~o~d. N~ew Sharon. Sandy River Plantation. director. enough and slick enough to know communities look hard a~t shot F~a~r Wilson~. ~o~ld Industry. according to And a check of ~r~e~e~c~irds at ~th~e the ~li~f~oi~l~, ~if tile l~a~w. They will Northeast, planning and zoning ~ordi~na~u~c~c~i the ~r~ F~C~CO~l~d~s Ill tile F~i~a~nklin County Registry of Deeds. Department of Environmental tire- press t~h~e limits. but they do not cross and boards." ~o~qu~qr~q-~qa As P~a~n~c~i~t grew. t~h~e company a~nd ~t~h~e competitors section shows that none of the over ~i~l~l~e~.~n~ What has become of that fi~i~s~t potentially and initiators it has spawned have become con~trov~er- company~*~i central M~ninc projects "We believe that what Is wrong Patten subdivision, on Ki~n~it~t~a~l~l - but ~qa~qg~qa~qi ~sial A~c~'o~s, Maine. have been cited for any violation of with these developments is that they Pond in Vienna? Has (here ~b~ec~t~i any Patten is still the busiest recreational land developer ~'n the ~qme environmental standards or r~eg~u~la- ate i~o~c~s~q@~t~qpr~c~m in an unplanned significant impact on ~t~h~e ~K~e~t~an~e~b~ec ~t~n~i~f~e~.~ql~qo fash on. sat ~I~ll~ey. fig ~i~qg in Maine, hill it has been joined in ~th~e big time by lion,. ~.~.Pa~t~(~e~n~'s objectives, indeed the County ~lown? flit) On~eet ~qo ~p~r~e~'~t~w~ir~i~e~s of An~ic~ti~c~a h~i~c.~, a Massachusetts company ~Th~e Natural R~es~""~'~c~e~, council o Not much,, it turns out. state "view,. -ills office, in ~a~nd Ellsworth. Several Maine is a~n~i~ong ~[~t~i~c critics of d~cv~e~l~op~cr~@~' objectives, ,are often In the seven years %trice ~I~'~a~l~icr~i ,~o~n~a~l~l~e~t Maine ~c~.~1~1~1~1 ~c~, have adopted the flatten ~f~l~a~tt~er~s~-~typ~e developments. different from those of ~i~c ~c~o~u~ir~m~s- cr eased its first Maine ~s~e~th~eli~,r~c~,i~o~n~. until flatten formula of buy, ~d~k~id~e, a~nd sell quickly. Among Its only criticism of Patten itself, tiny. Ordinances~q, them is Mount Holly ~I~nc. in Yarmouth. "Because of their size. and file ~( .. ly three houses have been built Critics say such development is changing the way of however. was leveled at ~t~h~e com- volume of business they do. the o~i~l the ~1~1 lots. bui~ldi~qz~Ig a ro p~any~.~s~ plans for Donnell Pond in d~e~%~c~lo~l~)~crs have been able to over- First S~c~Icc~tmar~qt Collins lives i~n Planning boa life that Maine people ~c~i~i~j~oy, a~nd that such tc~c~rc~a- ~I~l~inc~ock County, a site file s~ta I ~o~n~e - doing without electricity. ~t~ion~al ~subdi~vi~3i~o~i., ~i~f~,~,~- being created without proper ~I~l~qic~i~l to acquire a~nd preserve a ~c w~h~e~l~i~n sonic communities, a~nd ~o~5~o application a planning ~a~t ill, ~j~od local ~l~e~,~e~l~. s become the object f ~-~1~1 ich,ha~s ~n~o~t yet been extended to No~t~a~r, 1h~e fu~tu~t~e costs of ~th~@~f %ill b~e enormous both in ecologically ~i~cr~i~si~li~v~e ~r~o~v~c~t~s~y~.~" "I pa ~t of ~t~h ~croad. ~qw dollar terms a~nd in ~i~c~i~n~i~s of ~t~h~e impact o~i~l t~i~adi- "Patter, Corp. is Is c~r~e to ma k~c bl~9 ~c~o~qu~lo~s~t ~f~l~o~n~cr~ subdivisions in Maine Another resident is file town's ~t~r~u~x ~"e of Pullen ional values, a way of life. and the ~c~y ~. ~. NRC ~sai contain Ic~us larger than five ~.cr~e~s in ~n~e~a~r~b~y~qwr~qin~qe I ~cn~s~q@ronm~c~nt. th profits ~' ~th~e e d in December. ~I collector, Sheila Nurse. Site a~nd ~h~er say: "it doesn't car about Maine s s ~z~e~. ~o~n~e threshold that exempts tile husband were among Patten's ori~g- inclusion in A I he criticism has become more and more vocal in people or Maine~'s natural h~eri~(ag~e. ~' s~,~i~bdi.i~si~on front time-consuming i~n~al buyers, contend that ~qG resent n~w~,~uh~,~. a, ~P~m~i~e~,~,~'~s activities have con~tin. And tile council called for legislation review by file state Department of ~"W~e came up from ~N~la~s~s~a~chu- ~qY~a~r~ry Patten ~qi to stop ~th~e kind of land ~sp~ecul~t~u~tio~n ~Envi~s~onn~i~e~n~i~a~l protection and other sells, just ~t~i~t g~e~t away from t~h~e h~u~s~t~i~c Immediate des, Bu~t Michael Emmons~, who heads that it said Patten wa~s ~en~i~ta~f~f~" ~g sit. (ate agencies. That ~n~i~c~ans only a~nd bustle of city life," Nurse aid. ~,~q)~qP~a~t~i~c~n~'s Maine s "We found work tight off - ~my Corporation in operations, says mist o~f ~th~e cri ~w~i~s~i~n is ~l~c~%~c~l~cd But Jerry ~l~i~lcy t~i~t ~t~h~e council clots municipal approval is needed. d~i ~'d~- un~f,~f~i~r~ly~. not suggest that Patten acts ~impro- If P~a~t~i~e~n'~s presence has ~had a husband's a printer will% Lester ~lv~l ~ing~th~qe~ql~qa~qn ~, rh~e problem isn~'t tile towns w~e have dealt wi~th,- Sy~s~ic~n~is in Augu~s~(~a. We've ~1~, ~1~@~d Meadows~q, Emmons said. -I~t p~l~a- w~e haven't ~d~va~l~t with. h~ap~p~@ ~I~s~c~rc,~" ~t~i~c aid. '-ends- could n ... ~rh~ey read all this still] about us and g~e~t ~ji~u~cry.~" ~C~r~e~,~i~o~n ~Ca~r~th~e~r~. a ~in~c~i~s~qt or ,,going ~n~e~go~qt~qi~4qn C~o~n~v~i:r~s~a~t~io~n~s ~%~i~i~h town officials suggest ~1,m~i~n~s~in~s is Vic ~i~i Planning Board, says ~i~f Over ~i~f possible I largely correct. h;~" ~b~e~c~s~, little i~n~i~pac~t front M~e~anw~i 'I~q, ~D~e~qs~qsi~t~e the criticism, virtually all of th~e activities ~P~a~t~i~r~n ~u~bd~i~%i~sion on this sows in cattle ~)~i~t by P~a~t~i~e~n. a~nd now by i~t~s newer 4~1o Holmes h~qn~'~t~'~i ~qI~q!~qI~qj~qad ~c~on~i~v~e~l~l~it-~, appear ~t~o have been done i~n accordance "I ~g~o~e~%~% it ~%~o~n~i~con~c built a ~i~t~. over ~a~n alleged b ~will, ~M~a~q:~q:~s~, ~1- damages to a .a to ~i~f~? ~;~0~1 ~t~h-~c lots, ~l~hin~e~s might by ~- ~r I ~s~l~a~n~c~e~, although ~th~e Maine Real Estate di~f ~f~er~en~t~,~" (~i~ji~lh~er %aid. Patten ~I~@~ur ~qf~qe~qe Co~n~imi~s~mon ~l~i~e~c~l~u~e~n~i~k gels calls about Patten's Draws Lake. reputation from p~ro~i~'~l-tiv~e buyers. i~f has ~had might l~~o~l ~t~h~e p~r~c%~sure o~n. only on~e complaint ~f~i~t seven years "a~nd (flat* was ~"~I~t ~22 o~f 23 people~. ~s~i~e~w~co~n ~c~a~"~I~r ~I~t~, ~1-~n ~o~'~c~e~(~in~g~, ~i~t might ~@ Sc~e~: ~PA 1~1 EN ),life ~i~s d~i~l~l~e~l-~c~e since ~e ~'~i~'~d Page ~9 ... ~1 ~7~1~1p~e~o~p~l~i~: ~th~o~c ~'~i~'d~i~w~o~d 'His ~t ~l~ba~i hasn't happened ~i~nu~ch has happened ~;~i~t ~;d~l~." STATUS OF GRANT TASKS, CZ363 Award (1987-88) Task 1 Improving Program Core Law Enforcement & Technical Assistance A. DEP - Core Law Administration & Enforcement .The DEP's Quarterly Report for November through January, 1988 is reproduced as Exhibit E-1. B. TNC - Improving State Regulation of Areas of State Signi cance Phase I of this project as described in the previous Progress Report was completed. Negotiations with The Nature Conservancy for Phase II were initiated. C. DOC - Improving Technical Reviews of Core Law Applications See Exhibit E-2 for a detailed report from the Maine Geological Survey of the Dept. of Conservation. D. MMA - Code Enforcement Officers' Training The Maine municipal Association's legal staff are updating the Handbook for Local Code Enforcement Officers which was last revised in 1982. In addition, planning is underway for the series of basic Code Enforcement Officers' Training Workshops which will be held during May and June. E. RPC's - Technical Assistance on Core Laws & Local Land Use Studies Each coastal regional council held at least one workshop on shoreland zoning and one on the subdivision law. The five coastal coordinators and staff from the two riverine regional councils (Penobscot Valley and Southern Kennebec) are assessing local implementation of these laws as well as providing immediate and ongoing technical assistance to towns in need of help. The program as a whole is being conducted in partnership with the DEP and other State agencies. Task 2 -- Local Program A. Coastal Planning Grants municipal Coastal Planning Grant contracts for 1987-88 were negotiated and mailed out to most towns, the remainder to be mailed in February. Towns receiving grants are listed on the next page. Friendship decided not to accept grant funds for comprehensive waterfront plannning; Jonesboro, Machias, Machiasport and Robbinston declined to proceed with their, 19 1987-88 COASTAL PLANNING GRANT AWARDS Jonesport Coastal Access Sites Donald Stewart Sr., Sele Town Office, Box 301 Project Local Jonesport, ME 04649 Municipality Title/Manager Grant Matc)- Tel: 497-5926 Cape Elizabeth Harbor Planning 0101000 610.000 Michael McGovern, Town Manager Monhegan Preliminary Planning for PO Box 6260 Monbegan Wharf and Passe Cape Elizabeth, ME 04107 Freight Building Renovat Tel: 799-5251 Willard 3. Boynton First Assessor Cumberland Engineering Feasibility $14,000 0 7,000 Monbegan Island, ME 04 Study for Stone Wharf on Tel: 594-2932 Chebeague Island Mount Desert Comprehensive Harbor and Robert Benson, Town Manager Waterfront Strategy and PO Box 128 Action Plan Cumberland, ME 04201 Tel: 829-55S9 William Cox, Town Manage Town Office Friendship Preliminary Planning for 610,800 S 5.400 Northeast Harbor, ME 04 Public All Tide Access in Tel: 276 _ 5531 Friendship Harbor Saco Saco Bay - Saco River Pu Ahti Autio, Waterfront Committee Access Study 417 Bradford Point Rd. Friendship, ME 04547 Peter Morelli, Planner Tel: 832-5237 300 Main Street Gouldaboro Public Access Strategy and S 2,600 4 1,300 Saco, ME 04076 Action Plan Tel: 282-3487 Stockton Springs Sandy Point Beach Action Dorothy Osborne, Planning Board Plan West Gouldeboro, ME 04607 Tel: 963-2931 Earl Brooks, Selectman PO Box 242 Hallowell Regional Code Enforcement $10,500 S 5,500 Stockton Springs, ME 04 Chelsea Tel: 567-3403 Michael Burnett, Director SKP&DC 125 State Street Stonington Waterfront Comprehensive Augusta, ME 04330 Plan Tel: 622-7246 Jonesboro, Machias Ingrid Bengis, Planning Machiasport, PO Box a Stonington, ME 04681 Robbinston Regional Code Enforcement 0 9,800 S 4,900 Tel: 367-2416 Richard Varney, Planning Board York Town Ownership and Publi Jonesboro, ME 04648 Access Rights, York Harb Tel: 434-2641 Anthony Dater, Planner Town Hall PO Box 9 York, ME 03909 Tel: 363-5497 Award declined 2W 8M 4o2w am . . . . . . . . . . . . . . . @r@ Jq', up 0 sm all, tawn@ S shan defildion, Is By BRUCE ELLISON , professional." Staff Writer k@ Knight called codes enforcement work rather technical" and pointed to the hefty Two Kennebec River communities - BOCA codes rules as one example of the Hallowell and Chelsea - hope to hire a shared complexity involved. codes enforcement officer by early next year, "You do need a person with some part of an experiment to see whether smaller skills aid some technical know-how," Knight towns could co-operate on such technical said. things as building inspections. Tyler Trott, Chelsea town manager, was out The pilot program is sponsored by the of town-Monday and could not be reached for Southern Kennebec Planning and Develop- comment. ment Council, which has a $10,500 grant from Burnett, at the planning council, said he the state for the project. hopes to advertise soon for that person, and Mike Burnett of the planning council said hire him or her early in 1988. he has been working with area towns for more ' 'The biggest problems we want to than a year to set up such a shared learn how to handle are about how official. such a person would divide his time "Enforcement is a big -problem in between the towns, where he might have an smaller communities, It's sometimes a hangtip office so people who need him can get hold of in the planning process," Burnett said. him, and how the towns would share in paying That's because most smaller communities in for his services," Burnett said. the Kennebec Valley don't have enough For now, Chelsea and Hallowell will pay for plumbing inspections or codes violations the codes officer, Burnett said, while the business to make hiring a fully qualified grant, through the state's Coastal Commis- full-time professional worthwhile. sion, will give the planning commission the "As a result, you find a selectman details it needs to see how the administrative or a local plumber who does the inspections on details would work. a volunteer basis, part-time basis," Burnett Southern Kennebec Planning and Develop- said. But that also can mean that when the ment Council already runs a regional purchas- person's full-time job demands all his ing program that helps 14 or 15 communities attention, codes enforcement can take second to jointly buy road salt, Burnett said. place. The tax-sharing development plan on The experiment with Hallowell and Chelsea Whitten Road between Hallowell and Augusta would work better if yet a third community is another example of community co-opera- joined it, according to Cornell Knight, tion, he said. Hallowell city manager.. "Maybe now we can get a regional "We don't need a full time person approach to codes enforcement that will let here," Knight said Monday. "Neither does the towns do it more professionally and at Chelsea. But I don't think even both of us lower cost," Burnett said. "I - hope so together have enough work for a real anyway." 21 Z Z TIM @M_ 21 regional code en-forc-emenz -,ro@;ram. DE'-'D staf f is work' nQ wi---h these towns and the Washington County RPC in an effort to revive the CEO program. DECD also prepared a schedule and list of eligible activities for the 1988-89 grant year, which was sent to the OCRM for review and approval. Technical assistance workshops for both Coastal Planning Grants and Waterfront Action Grants were scheduled for February and MarcH, five of which will be held in conjunction with Coastal Regional Councils. municipalities were notified of the new grant program and the workshop schedule by means of the memorandum reproduced below. B. Waterfront Action Grants Eight Waterfront Action Grant projects were recommended to- receive funding totaling $247,743. These projects, listed on the following page, were submitted to the OCRM for review in November and received approval on February 1, 1988. Task 3 -- Interagency Coordination A.' Federal Consistency Federal consistency coordination during the reporting period involved numerous meetngs and phone calls on a wide variety of matters as shown on the Federal Consistency Log reproduced on the next page, none warranting particular comment. B. Coastal Advisory Committee In November staff from the OCRM visited Maine for two days to obtain information on the State's implementation of the Coastal Program and the work tasks in its federal award. During this visit Richard Silkman, SPO Director, informed OCRM staff that Governor McKernan was reconstituting the Land & Water Resources Council of which the Coastal Advisory Committee is a Standing Committee. The OCRM staff advised the SPO that the Committee was no longer necessary and recommended it be eliminated. The State subsequently accepted th is recommendation. (Special note: The January, 1984 Federal evaluation of Maine's Coastal Program determined the SPO needed to exercise greater authority in coordinating the Program. The Coastal Advisory Committee was formed by the State to enhance coordination in response to this finding.) Task 4 -- Local & State Program Administration A. Technical Assistance & Local Grant Administration The table on the following page is indicative of the DECD's activities under this task during the reporting period and provides information to meet the Significant Improvement 22 all job. R. McKer-aa. Jr. Nathaniel H. Ro,dit Application booklets will be sent to each city or town upon receipt of a Letter of Interest. Applications will also be Department distributed at the workshops. Completed applications must be of postmarked no later than May 1, 1988. ECONOMIC AND COMMUNITY DEVELOPMENT If you have any questions about either of these grant programs, please contact Francine Rudoff or Lee Doggett of this TO: Key Loca)"'D@ficials and Planning Board Chairs Department at 289-3154. Ma ine @oast' Ct e a -Ecn-J-Tc, wn a Thank you. I __' FROM: Jay H r Y, Py Commissioner. 89 cc: State Legislators RE: 1988- 1 Assistance Grants, Maine Coastal Program Harbor Masters Code Enforcement Officers DATE: February 1, 1988@ Regional Councils Cooperative Extension Agents Pleasant Pt Indian Reservation Maine Municipal Association I am pleased to inform you that the Department of Economic RC & D's and Community Development is now accepting Letters of Interest to apply for 1988-89 Coastal Planning Grants and Waterfront Action Grants. These grants are available to coastal cities and towns on a competitive basis through the Maine Coastal Program. Letters of Interest must include a concise project description Pit and anticipated amount of the grant request, and be postmarked no later than March 18, 1938. Coastal Plannl2g Grants are available to support multi-town Maine Coastal Program t 0 ice code enforcemen @r pr ograms and comprehensive shoreland and Coastal Planning Grants and Waterfront Action Grants harbor planning projects. Grants may not exceed $25,000. Workshop Schedule Waterfront Action Grants are available for acquisition and improvement of coastal shoreland for public a-ccess purposes, Including low-cost shoreland construction projects, acquisition Date Locatloo or rehabilitation of public piers, and shoreland acquisition for public use. Grants require federal approval and may not exceed February 17, 1988 University of MaIiie at Machias $50,000. Science Building, Room 201 7-9 p.m. The grant period for both Planning and Waterfront Action projects is'expected to begin late this summer, contingent on February 18, 1988 Ellsworth City Hall availability of federal funds. A local cash match of 50% of the 7-9 p.m. grant amount is required for each project. All work must be completed no later than July 31, 1989. February 23, 1988 University of Sou'thern Maine Saco-Biddeford Center, Room 2 To provide more detailed information on the grant programs Saco Island and eligible projects, a series of special workshops will be held 12-2 p.m. (brown bag lunch) during February and early March in conjunction with coastal Regional Councils. A list of workshop dates and locations is March 2, 1988 Belfast Free Llbriiry attached. 46 Big?) Street, Lelfast 7-9 p.m. March 9, 1988 Wiscasset High Scilool State House Station 59. Autgusta. Slaine 0.4333 - Offices Locoled of 193 State Street Rt 27, Wiscasbet, Tfl,phonc (207) 289 2656 7-9 p.m. For additional information, please contact yotit lioglonal Council or Francine Rudoff at the Department of Ec;oi,,,,,Ac and Community Development at 289-3154. WATERFRONT ACTION GRANTS COASTAL TOWN PROJECT TITLE FUNUiNU 1. York Rehabilitation and $46,000 Expansion of the Town. Wharf 2.-- Scarborough Town Landing Ac'quisition 50,000 Project 3. Augusta Riverfront Greenway Footpath 24,931 4. Rockport Floats and Ramps at Rockport 7,000 Marine Park 5. Vinalhaven Vinalhaven State Beach 50,000 Acquisition 6. Southwest Manset Dock Boat Pollution 5,812 Harbor Abatement Facility 7. Bar Harbor Harbor Park Dev.elopment 40,000 8. Machias Machias Riverfront Park 24,000 South Side Shorepath TOTAL $247,743 24 FEDERAL CONSISTENCY LUG Date Activit Persons Involved 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 Garwood, Bill LaFlamme, problems with deadlines, etc. and Paul Pronovost, COE (Peaks Island, Ft. Fairfield) November 4 "NED Futures* meeting in Waltham J. DelVecchio, Jim Bernard, and other Maiat 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, becau.*e 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 Todd Berrowes, MLI 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 ICC Jim Bajec, Project Manager, for barging Regulatory Division November 24 Mike Keegan, COE called about designation of Bass Harbor dredge disposal site . November 24 Follow-up on above Bill LaFlamme, DEP and John Delvecchio, DE,_'D (called Mike back and told him to send map and any other pertinent info.) January 14 Meeting with Paul Provonost, Mark Habel, John Smith of COE and many State agency representatives to discuss pending dredging projects Drafted responses to coastal/consistency related matters Talked to CPGOG and Portland Chamber of Commerce about Fortland Harbor/Fore River study. They are interested in seeing it January 15 Sent notes to Jan. 14 attendees. Larry Oliver, COE Waltham, called to discuss COE dredging project in Bucks Harbor. Doing Reconaissance Report and is looking for early notification of any areas of concern. He will send preliminary reconaissance report. Needs qui ck turn around. January 21 After 3 tries, found someone at COE to send additional copies of Portland Harbor and Fore River Study January 21 Peter Webber, NAVY in Philadelphia, called about federal consistency determination for marina expansion of Portsmouth Navy Shipyard. I said I'd get back to him on Monday (1/25) January 22 Rob Elder (DOT) called. He was wondering whether any Coastal Program grant moneys would be available for the Town of Beals to use for their cost share of the COE planning report for dredging in their harbor. Maurice Alley of Beals called him about this. I said I would talk to the people at DECD and have one of O'l them get back to him about the eligibility of this kind of project for a Planning Grant. January 22 con't Dick Martin, USCG Southwest Harbor, called looking for montioring requirements for a domestic sewage system. I told him to call DEP Water Bureau Sandy Goulden, Portland Chamber of Commerce called about Portland/Fore River Study Bill Laflamme called about meeting on Scarborough dredging on Feb. 5 at DEP January 25 Received additional Fore River/Portland studies. Received Reconaissance Study - Buck's Harbor. Talked to Sandy Goulden Chamber of Commerce. 772-2811 at 147 Free street 04101 January 26 Sent Portland/Fore River Study to Sandy Goulden and GPCOG. Asked for comments by Feb. 10 January 27 Joyce asked about Federal Consistency review of locally managed harbor channels - USCG is reviewing Camden. Talked to John D. about Portsmouth Navy Marina project, asked him to call Rob Elder, and asked who to talk to about Wells Carl BoUteillier kvd/l/09 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 DelVecchio December 8 letter from COE about plans for Newbury Neck; informed Washburn December 14 Created COE/Federal consistency files December 15 Created COE/Federal consistency files December 17 Read pending files, wrote progress report December 18 Talked to John Smith, COE Waltham, about setting up a meeting to review the next year's pending navigation projects December 22 Talked to John-Smith again to confirm substance and appropriate State participants in meeting. Talked to John D. about who to invite to meeting December 28 Read communication from ICC about deregulation December 29 Prepared consistency log for OCRM progress report Phone calls to set up meeting with John Smith, COE December 30 John Smith, COE called to check on progress setting up meeting December 31 Sent consistency regs to Alec Giffen 1988 January 4 Many phone calls to set up John Smith meeting. Rec'd Mid-Alantic Summer Flounder FMP. Met with John D. about pending consistency-related activities January 5 Finalized meeting plans with John Smith: Jan. 14 at 1:00 p.m. Notified all State agency,people of meeting by phone. Wrote follow up memo/sent it Sent FMP to Penn Estabrook, requested comments by Jan. 25 Sent Fore River report and ICC deregulation to Rob Elder DOT for commment. Rec'd comments from Marine Law Institute on BIW dredging Janua!ry 7 Rob Elder called. Said they had no problem with ICC deregulation. Said Fore River study is ok. Maine's comments should indicate satisfaction at present, but note that amount of cargo is increasing and Million Dollar Bridge will be replaced in the future@ expansion of the channel may be appropriate. January 11 Rec'd background info from John Smith, COE, for Jan. 14th meeting. Sent info to meeting invitees. January 13 14 Phone calls related to Jan. 14 COE meeting DECD Bremen Met with the local committee TECHNICAL ASSISTANCE TO COASTAL TOWNS to review preliminary draft of comp. plan update & develop a August 1, 1987 through January 31, 1988 strategy for its completion. (Revised olan was recently approved it Town Meeting.) Month Town Activit September Arrowsic Met to discuss possible Georgetown development of a,regional code August Westport Met with the Comprehensive Woolwich enforcement officers, program. Planning Committee in Wiscassett to develop a Phippsburg Met to assist planning board community opinion survey as with subd4vision ordinance part of their comprehensive revisions. planning process. Dresden Met to assist planning board Kennebunkport Met with growth management with update of comp. plan & committee to discuss options local land use ordinances. for implementing cumulative (The board has conducted a impact pro@ect. Work townwide opinion survey & is resulted in adoption of 150' making steady progress in ri-ti OD c revising the plan.) Racliael Carson Preserve boundaries in the town. October Woolwich Met to review proposed changes to land uses ordinances & to York Met with town council, discuss updating their comp. conservation commission, & plan. members of the public to discuss wetlahd protection. Stockton met with town officials to (Resulted in town revision of Springs discuss public access. (Town their shoreland zoning has prioritized its access ordinance & its submittal to needs & chosen sites to Nov ' Town Meeting; acquire/develop as a result.) oardinance was defeated but will be resubmitted.) Blue Hill Assisted the planning board & town attorney in interpreting Southport Met with Planning Board the subdivision law with regarding revising their respect to proposed illegal comprehensive plan. The Town subdivisions on Blue Hill has since established a Mountain. (Town has since separate Plan Committee which initiated court action against has begun plan revisions. the developer.) Newcastle Met to assist Planning Board Wiscasset Met to provide guidance on with subdivision ordinance hiring a town planner & to revisions to go along with discuss the comp. planning proposed comp. plan revisions. process. (The town has since (Comp. plan was recently established a large plan approved at Town meeting.) committee & is developing ar, opinion s-irvey.) Westport Met to review results of a provisions into its townwiae community survey & finalize camp. planning process now an outline & strategy for underway.) com pleting the Camp. plan. Mt. Desert met with town manager to November Monhegan met with representative of provide TA on harbor & zoning committee to discuss shorefront planning project. LURC zoning districts & growth The town agreed to incorpoLate management techniques provisions for improving appropriate to the island. public participation in theit planning process & to revise Cape Elizabeth Met with town manager to the harbor ordinance to provide assistance with harbor incorporate access & water & shorefront planning. (As a dependency provisions. result, the town is using its coastal planning grant for Gouldsboro met with camp. planning ordinance revisions to assure committee to provide public public & visual shoreline access planning assistance. access.) The committee agreed to expa,,d membership to more broadly Deer isle Met with local land trust, represent community needs; it planning board & concerned also developed a priority list citizens to discuss camp. & map of access needs & planning & tools for managing initiated negotiations with growth. As a result the the National Park Service to committee is contemplating develop an access site on doing a natural resources Acadia Park property in the inventory. Town. Lamoine met with ground water January Newcastle met.with planning board to committee to discuss options review proposed changes in to implement their ground subdivision ordinance. water study. As a result the committee prepared a Growth Conducted a growth management protection strategy for town Management workshop in Wiscasset with adoption. Workshop fifty-five local officials from towns in the region. Camden Met with town council to Emphasis on subdivision & site discuss impact fees in plan review. relation to the proliferation of single family homes. Woolwich Met with local officials to discuss subdivision & clustet: December Hallowell Met with town managers to development, as a result of Chelsea provide TA for establishing a which the town included regional code enforcement cluster language in its officer program. ordinance. Stonington Met with camp. planning Rockport Met with local camp. plan committee to discuss committee to discuss camp. waterfront planning project. planning & growth managemej't@ (AS a result the Town is The committee is now revising integrating Coastal Program their plan & land use funded waterfront, harbor & ordinances. access policies & ordinance 3enchmark for Che task. That Benchmark reauires writeuu of "direct TA provided to at least 15 towns by Dec. 31, 1987." B. State Program Administration 1. Administration Coastal staff continued to monitor OCS activities. The Dept. of the Interior is proceeding with plans for Sale 96, scheduled for February 1989. The draft EIS will be published this February followed by public hearings at the end of March. Efforts are being made to resolve longstanding disagreements which resulted in Congressionally mandated moratoria on the leasing of certain areas on Georges Bank. Staff met with Interior and the other North Atlantic states to discuss Interior's ideas at OCS Policy Committee meetings in Corpus Christi in. November and Boston in January. Interior's present plan is for a two-stage process: (1) the National Research Council will be commissioned to convene a panel of technical experts to.study all existing information with respect to oil and gas-activities on Georges Bank (oil and gas resource information, effects on biota and other uses, relative risks, etc.) and to draw conclusions about the adequacy of existing information for making leasing decisions.; and (2) using the NRC study as a basis for discussions, an effort will be made to reach a compromise between all affected parties. The format of these discussions is still being discussed, but the states and Interior have agreed that a third party facilitator will be used. Coastal staff also monitored grant tasks, benchmarks and award conditions, and state agency and special project contracts, and published Maine's Coastal Program: An Interim Handbook on Coastal PolicT-es, Laws & Activitiesf Februar'y 1988. 2. Public education initiatives The SPO hired a coordinator for coastal communications and public outreach in late November. During the initial month she interviewed about 25 people in marine-related fields within the state to determine how the new position could assist with existing public education efforts. The 12-month work plan that grew out of these discussions involves networking, media outreach, and cooperative programming of public education activities among marine-related organizations. The Coastal Communications Coordinator edited and is currently preparing for print a 32-page public education handbook on coastal issues. She also has begun a Resource Guide to Marine-Related Organizations in Maine. Plans are underway for assembling two Maine Coastal Program traveling displays: one for loan to libraries throughout the state, and one to be taken to appropriate conferences and workshops. A month-long display 30 kill 1 will loll 1 About the conference u0pL) L1 in the Land Tce in e Wig number oflin Maine has jumped from 24 to 42, with six more groups ready to file incorporation papers before the end of 1987. This A0 dramatic increase in the number of trusts, the changing tax laws and the continuing refinement of preservation A tools has made timely communication 3 and maintenance of close ties among land trusts extremely important. The 1987 conference examines both eory and application and draws upon AD the talents of experts from across the land trust community. Dr. Joel Eastman's keynote address wcal background that sets the stage for our current efforts. The Adirondack had good success in their preservation efforts and has published a handbook for trusts on land conservation strategy Tom Duffus will take us through the n tech icategy develop- ment include gathering, analysis, ranking, verification a will also review various techniques for effective strategy irnpl U.S. Postage Steve Miller of the lands PAID MAINE COA Trust will explain how their trust was NE able to work with the town, first to HERITAGE TRUS 04662 create a. comprehensive. plan to the Post Office B pi town, and then prepare a visual loan guarantees, and a bank loan. Now Topsham. Maine assessment inventory that serves the that the property is secure, the Trust is purposes of both the town and trust. still seeking creative ways to strengthen Because thsement the long term stewardship in the public is such a powerful and flexible tool in interest. land protection, Maine Coast Heritage The afternoon regional workshops Trust Specialist, Karin will bring us together in smaller groups Marchetti Warden will present some to discuss in more depth those issues technical perspectives on how to facing the various regions. This ex- prepare the background and baseline change will also permit you to express work necessary to create a solid your ideas on how Maine Coast Heritage easement She will explain how to craft Trust and the land trust community can an casement that addresses the better address local needs. e parties, the Maine Uniform Bruce Jacobson, Executive Director conference hy v Conservation Easement Statutes and of Maine Coast Heritage Trust will close participants Will join IPS guidelines. the program with a us on Nov The Ch Sally Jacobs, president of the Orono conference proceedings and the latest Founclati Land Rust, will discuss information on state and federal For rnopi1pri write or call vkepticism and fears to legislative fronts. Thomas C Wooast acquire a critical 44 acre in-town Dataapplications Heritage Tpi, P2p6 parcel, When faced with a rapidly coupled with new contacts and re- Topsham, pc 04086. 1pl Maine Conference approaching deadline set by the owner newed acake this (207) 729 7 of the property, the a of Land Trusts unique blend of funding sources that Ppt for this conference is provided by the Main- i am November 14, 1987 - Chewonki Foundation included a bargain sale, contributions, funded by thox Charitable T Program General info Joel W. Eastman Professor of History, University of Southern Maine cwc A native of Maine, Dr. Eastman has extensively studied, lectured and published on the history of WISCASSET Maine, including: A History Of Sears lsland, The Guns of Casco and A Harraseekel History, Thomas I- Duffus Associate Director, The Adirondack Land Trust A graduate of the Yale School of Forestry, Tom Duffus holds a Master of Forest Science Degree specializing in Rural Land Use Planning. He has worked as a consultant to town conservation commissions in Connecticut and as a Land Protection Planner for The Nature Conservancy in Mumana and Wyoming. Steve Miller A founding trustee of the Islesboto islands Trust, Mr, C inki Miller currently serves as its director. 8:30 - 9:00 Dr. Sally Jacobs Road _Q_ Registration/Coffee Professor of Biochemistry, University Of Maine, 9:00 - 9:30 Orono Opening Remarks Mrs. Jacobs is the President of the Orono Land Trust. DATE., November 14, 1987 Karin Marchetti Warden, Esq. LOCATION: Cheworiki Foundation. To get to Chewqonk nd Land Protection Specialist Maine coast Heritage Foundation, first find Bath and Wiscasset on the road map. Halfwa he Orn n Gr U T Trust and A member of the Maine and Massachusetts Bar and between Bath and Wiscasset turn east (right ifheading no" h, left i Dr. Joel W Eastman former city attorney for Portland, Ms. Warden now has heading south) on R1 144 which is well marked. Go about a private practice and serves as a land protection mile and turn right. just afler the railroad tracks, on ChewonkiRoa`d Developing a Land Conservation Strategy' specialist with Maine Coast Heritage Trust. Pass by the town airport and Chewonki Campground (no relation I Chewonki Foundation) and continue to the end of the road wher Thomas R. Duffus, BruceJacobson you will find a Visitors Parking Lot. 11:00 - 11:30 Executive Director, Maine Coast Heritage Trust -The Scenic Inventory as a Local Planning Tool: FEE. Registration Before October 30 $22.54 Town and Land Trust Cooperation Registration After October 30 $25.(X Steve Miller Members of Land Trusts With Maine Group Membership $20.00 Anytime 11:30 - 12:10 Spotlight on Orono Land Trust INFORMATION: wiite or call Tom Wood at MAINE COAT sallY Jacobs HERITAGE TRUST P.O. Box 416, Topsham, Maine 04086 (207 12:10 - 12:30 729-736 THE LAND HERITAGE AWARD 12:30 - 2:00 Lunch F it 2-00 - 2:45 Registratic Perspectives on Easement Preparation: What to Bring to Your Lawyer" Karin Marchetti Warden, Esq. 2:45 - 3:45 Registration Fem Narne Before OCIObC 30th $22.50 Title Regional Workshops: York County. Greater Portland/Cumberland, Mid-Coast. Down East. Inland/Western Mountains. After October 30th $25.00 MCHT 3:45 - 4:00 Maine Group MCInbers $20.00 Organization Closing Remarks Anytime Bruce Jacobson Address Please make your check payable to 4:00 Maine Coast Heritage Trust, and mail END with this form to: Maine Coast Heritage Trust Telephone P.O. Box 416 Topsham. Maine 04086 Arcyou a merriber of a land trust? Photocopies of this form are acceptable for additional participants Name ofTrust INN or. -marine plastics pollution at the L. L. Bean ret-ail store in Freeport has been arranged for this June, and preliminary plans undertaken for Maine's celebration of Coastweek 188. Task 5 -- Technical Assistance to Agencies & the Public A. DOC - Expanding Access Op]2ortunities This task being conducted by the Dept. of Conservation is administered by the DECD, which reports that the State Rivers Coordinator during the reporting period worked with the Land for Maine's Future Board to assure that acess needs identified in the DOC survey of coastal towns will be adequately considered among that Board's priorities for funding. B. DECD - Achieving Municipal Compliance with State Coastal Policies Proposals for developing a handbook for local officials for implementing Coastal Management Policies were-received by DECD, which is managing this project. They are-being scored by a review committee, which will meet the first week in March to make an award. C. IF&W- Management & Regulation of Wildlife This project provides for terrestrial wildlife habitat mapping from Phippsburg to South Thomaston, marine wildlife habitat mapping of the southern coast, and technical assistance to help coastal communities, state and regional officials make effective use of the wildlife data and management plans. Mapping has been underway since the previous reporting period; the technical assistance phase began this winter. Amendment #1 -- Heritage Coastal Areas Eleven areas in Region I (Kittery to Scarborough) proposed for Heritage Coastal Area designation were identified, documented, mapped and described. Meetings to explain the Program were scheduled with twelve of the thirteen towns in Region I. The eleven areas are to be evaluated by the Maine Critical Areas Advisory Board on March 5, 1988. Management plans for Heritage Coastal Areas were initiated by contacting state agencies and non-profit aagencies to obtain their input, thus meeting Special Award Condition #23 and the Interim Benchmark for the task. 33 OTHER FEDERALLY REQUIRED REPORTS 1. Monitoring & Enforcement Activities See Tasks 1.A and I.D above. 2. Wetland/Estuary Report See Item #4 below as well as the accompanying clippings. 3. Fisheries Management Activities Coastal Program staff is working with the Dept. of Marine Resources and the Dept. of Economic & Community Development to identify constraints on development of aquaculture and to recommend ways to promote the industry. An overview of state aquaculture issues, an update on the Portland Fish Auction, a cooperative multi-town clam hatchery in Washington County, and the announcement.that Nova Scotia's Premier joined Governors McKernan and Dukakis of Maine and Massachusetts in opposing oil and gas drilling on Georges Bank are described in the clippings below. 4. Hazard Management Activities In addition to the adoption of new Coas tal Sand Dune Rules by the Board of Environmental Protection (see Issues & Accomplishments section of this report), this reporting period saw completion-of the State of Maine Hazard Mitigation Plan, December 1987, and its submittal to FEMA. The Plan was developed and written jointly by the Dept. of Economic & Community Development, Maine Emergency Management Agency, and the State Planning office. Material in the report on coastal hazard mitigation was prepared by the MGS with Coastal Program funding assistance. Copies of the full report are available on request. 5. Urban Waterfront-& Commercial Harbor Projects The accompanying clippings provide updates on Maine's Sears Island Cargo Port project, now opposed by the federal Environmental Protection Agency, and on what has happened thus far as a result of the 5-year moratorium on non-marine waterfront development passed by Portland voters last May. The SPO is coordinating creation of the Maine Marine Alliance -- an industry-based coalition that seeks to promote marine issues. 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Breslin town ~q@~n~qz~qr ~l~q" to &now the ~4q%~,~I~n ~yo~q@~q@t~h~"~i ~L~o~w~-~e~m~i~l ~C to use Court ~A~f~O~,~3~,~q;~q;~y Tough new wetland rules start ~"soon By Ken H~o~topp Saco, Sanford, South Berwick. quir~ed contact with the Ar~try ~5~P~q_~.~_~S- Wells, and York: Corps but not the entire permit would reduce the chance of KE~NNEB~UNKPORT - Eighteen Corps Project Manager Jay process. projects being halted once they towns in southern York County Clement was vague a~b~@~)u~t how ~The rule changes were necessary began. She felt that since more will be subject to the toughest small a w~e~ila~nd would be too ~im~a~J~I in ~v~ou~L~h~e~r~n York County ~b~c~c~au~s~c projects would have to be cleared ~~~l~and Mies in the U.S., starting to qualify for protection. "there am a lot of small fills by the Corps, that those projects February ~1. Alterations of any ~-Theoretically~.~- any size ~-~e~t~land taking place chat are not being would ~q" be slowed later by pu~o~- w~~~~a~nd that is isolated or above fulfilling the Corps' definition regulated," and th~e Army Corps is lic criticism. stream headwaters will require would be regulated. ~h~e said. concerned with their "cumulative federal permission, regardless of A ~c~t~la~nd is defined by the impact." said Environmental Pro- Andrew French, refuge manager Wells Conservation Commission sac. ~t~e~c~tion Agency aquatic biologist at Rachel Carson National Wildlife Chairman Owen Grumbling said, Corps to be any land which has Pamela Shields. Refuge, felt ~th~e rule change w~as -I think it's going to make for Filling, dredging. and construc- hyd~ri~c sod, standing water or ~@~t- The burden of determining if a ~.~.~& very ~en~vironm~en~L~d~* ~rcsp~on- difficu~lti~cs in enforcement, but the t~~n on a w~e~tland of between o~n~e ur~a~t~ed soil for at ~l~e~a.s~t part of the w~e~t~la~nd exists will be placed on ~si~v~e step," on ~t~h~e part of federal rate of development in southern and 10 acres will require th~e year, and where -fl~a~n~d plants the landowner or developer, who a~qf~.~@~ncics~- "There's plenty Of Maine warrants looking at each c npl~e~tion of the Army Corps of dominate canopy. und~ers~to~ry ~,and may need to hire a consultant to ~P ~@~. (~l~tf~t) to develop - ~a~nd de- proposed development affecting Engineer's "Individual Permit." ground cover vegetation layers. veloping wetlands is n~o~t a biolog- Projects affecting ~2 w~e~il~a~nd Of less (Hyd~ric soil is earth that ~.has~'determine if a w~ed~and is present, ically sound policy, h~e said. w~edand~.~" than o~n~e acre will require contact- among other characteristics. mot~d~, Said Clement. In ~l~t~w long run this T~bc EPA's Shields said that ~n~ the Army Corps of E~ngine~rr'~s ~ing. streaks of organic ma~t~ena~l, will discourage those wishing to federal agencies have been in- There have been no changes in office in Augusta for approval and a specific range of colors.) alter wetlands. resulting in fewer regulations governing ~w~eda~nds of (&]though an Individual Permit ~may applications going to the Corps. forming county la~nd~O~'~n~c~r~l~~lh~q@~q! greater than 10 acres, which still not be necessary). Landowners planning a project and reducing the workload for t~h~e -non-wa~t~er dependent activities, require an Individual Permit. on any part of a ~qw~qe~qdand~q, or on two Corps ~qp~qer,;~qor~qtn~qel ~qw~qho cover are no( likely to be approved if Towns affected by the increased land chat might be w~qe~qiland~q, should ~qt~qh~qe state, he predicted. they include filling wetlands in this Wetlands are federally pro~qt~qe~qacd regulation are Alfred. Ar~qt~qin~qd~qel, contact the Corps at its office i ~q"The project ~qi~qs designed so that, ~qa~ql'~qt~qa~q. because they act as r~qes~qe~qvoirs to Berwick, Biddeford, Eliot, Ken- Augusta. ultimately. developers will avoid "I'm generally for it, my only reduce flood damage and maintain n~ebunk, K~qer~qincl~qaunkp~qor~qt. Kittery, Previously, projects affecting ~6q: filling -~qe~qd~qa~qi~qnd~qs~q,~q" Clement said. objection is that it tends to line- groundwater supplies, they contain Lebanon, Lyman, North Berwick less than a ~qon~qe-~qacr~qe~: w~qr~qt~ql~qa~qnd either ~qa~qnz~qe development along roads," plants that supply wildlife ~q-~qi~qth Og~u~qn~qqui~qt~q. Old Orchard Beach. were not regulated. of merely re- ~q)~0ql~qc~q@~q-~qK resulting in more crowding there food a~qn~qd co~q%~qer~q, and they offer and on uplands, said developer wild areas for recreation. Th~qe ~qT~q-A ~qf~qZ ~q1~4q/~q2 ~q0~0q1 ~0q5~q1~6q@~q1 John Ing~q-c~qr~qso~qn of the ne~qw r~qegu~ql~qa- Corps. with the ~qE~qPA acting as an ~qtion~qs~q. ~qIngw~qer~qson, known locally as adviser, is the agency ch~q@~qg~qe~qd with a "quality" developer, would like protecting wetlands. to see more sophistication in the rules regarding w~qeda~qnd protection since he said it is possible to save open space and actually enhance wetlands in certain ~qt~q)p~qc~q3 of d~qe- ~q@~qC~qlo~qp~qimcnts~q. K~qenn~qebunkpor~qt Conservation Commission member Jackie Kellett hoped that the new regulations 35 Maine's 1987 fishing catch valued at $129 million By Ted Sylvester Midcoast Bureau ROCKLAND-It was a year of ups and downs in the Maine fishing industry for 1967. To nobody's surprise- especially the consumer-retail prices of fish in- creased dramatically in 1987. this meant increased profits for many fishermen, but less income to others because of declining stocks. While total landings in Maine for 1987 reminded con- stant at 164 million pounds, the value of that catch increased by more than $21 million. the total value of the Maine catch in 1987 was $129.1 million. This com- pared with a landed value of $168 milion in 1986. The listed value of the catch is the money paid fisherment for catches landed at Maine ports. The estimated year-end landings and value figures were supplied by Robert Morrill, manager of the Na- tional Marine Fisheries Services office at Portland. Morrill is recognized as one of the most knowledgeable persons in Maine concerning trends in the fishing industry. Morrill said that as prices for fish products increased so did the efforts of fishermen. He estimated that the capacity of vessels fishing for grpimdfosj amd flounder increased by 10 percent in 1987. This meant a greater effort toland fish from declining stocks. "If fishing continues from a decreased stock size and the price goes down we are going tobe in big trouble," Morrill predicted. "How much more money can you get?" he asked in pointing out the high prices consum- ers are being charged for fish. "In general, the industry is kept alive because of the increased price. Over all, it doesn't look as if we will get a lot of fish for the next several years," Morrill said. He said that there are some good fishery manage- ment plans in place, but that it will take several years before those plans show dividents. In the meantime as long as the prices stay up, so will the effort to catch them. The Maine fishing vessell fleet in 1987 numbered 501 vessels that were registered as larger than five net tons, and 8,800 vessels of smaller that five net tons. The overall state of the Maine industry in 1987 was termed by Morrill as "very peculiar." Prices kept going up and up, and stocks kept going down." The biggest story in the Maine fishing industry for 1987 was the Portland Fish Auction, Morrill said. Fig- ures showed Portland to be almost alone in showing an increase in landings for the year. Such major ports as Gloucester and Boston showed declines in landings, as more boats were landing catches at Portland. For the year, Portland showed a 20-percent increase in land- ings, and 49-percent increase in value in 1986, 34.5 million pounds of fish were landed, worth $22.4 million to fishermen. In 1987 there were 42 million pounds landed, worth $36.3 million. The Portland figures reflected only fish landed, and not the large volume of fish transported by truck to the auction from other areas. Rockland landings for 1987, as an example, declined by more than 3 million pounds, Morrill said, from 11.3 million pounds in 1987, to 8.3 million pounds last year. Lobster landings were expected to again reach the 20 million-pound plateau, the same as the past dozen years. But this year's catch yielded an additional $9 million in income to fisherment. The catch was worth $55.2 million, for an average price of $2.76 per pound. In 1986 fishermen received an average price of $2.34 per pound. On the other side of the ledger, the value of scallops decreased and the harvest of softshell clams de- creased. Competition from an exceptionally large catch of tiny bay scallops by fishermen from New Bedford, Mass. that were selling for about half the price of Maine scallops in the market place, had its effect. Although Maine fishermen landed 1.2 million pounds of scallop meats in 1987, compared with 720,959 the year beford, and were paid $5.9 million compared with $4.2 million in 1986, the average price per pound dropped from $5.77 in 1986, to $4.80 last year. In the case of clams; the harvest was off by 1. million ounds in 1987, and the income to diggers was down by nearly $3 million. The scarcity of clams be- cause of the closure of flats because of red-tide infesta- tions, and because of the first year of the state's new 2-inch clam law, kept yields in 1987 at 2.2 million pounds. Statistics are kept on clam meats only by using the formula that a 65-pound bushel of clams would yield 15 pounds of meats. Harvesters did get more money for their efforts, however. The average price per pound in 1987 was $3.73, compared with $2.90 in 1986. The 1988 shrimp catch was expected to be off by as much as percent, Morrill predicted, based on De- cember 1987 catches and landing report for January. The Maine shrimp season runs from Dec. 3 to April 30. Stocks have declined, but because of high prices, fish- ermen who ordinarily would not bother, were fishing for shrimp. The Portland auction had paid as high as $1.40 per pound for catches. The average prices has been about $1.1 , Morrill said. For the fin-fish categories, to nobody's suprise, dock was almost non-existent in Maine fishermen's nets in 1987. With the loss of the rich Georges Banks fishing grounds to Canadians, Maine landings well below a million pounds. The estimate was pounds landed for a value of $ million. In fisher- men brough in 1.1 million pounds worth million. For the year fishermen received an average of $l.37 per pound for haddock, an increase of 25 cents per pound. In almost all categories the landins remained about the same as 1986, but the prices increased substantial- ly. A check of some popular species included grey sole, dabs, cod, and white hake. There were 4.7 million pounds of grey sold landed in 1987, an increase of about 200,000 pounds. But the value of the catch went from $4.6 millin in 1986, to $6.8 million last year. White hake landings totaled 7.6 million pounds last year, almost the same as 1986. But the value went from $3.1 million to $3 million; and dabs, the "bread-and- butter flounder" of the Maine fishermen, saw landings in 1987 of 6.4 million pounds, compared with 6 million the year beford. But the value jumped from $5 million to $6.4 million from one year to the next. Cod landings were almost identical for the two years -10.1 million pounds. But the value of the catches between 1986 and 1987 was indicative of how fish prices changed. In 1986 cod landing paid fishermen $5.3 mil- lion, while the return in 1987 was $7.2 million. These increased prices have brought on the advent of freezer trawlers, Morrill said. These are oil- drilling vessels that were converted to fishing and equipped with freezers. This enables vessels to go further at sea, and stay longer, because fish can be processed aboard ship. If also gives operators the op- tion of seeking out species such as squid that is a popular item on European markets. relatively hsrt rs If ur particularly -1 . ...... to t potential Georges Bank Dtilling areas all., pr Call. I ll p fishery is 0 TAu be Addr.- I . , - _ - vubteralithty to I ..However. I have reservaliure, acti~v~i~t~ie~s is u~qnc~qe bo~u ~I~.~a~s~u~q:~b ~t ~cr ~@~a~g~v ~i~nc~h~td~-~I it, It ~l~'~o.~lu~s~try'~qs Ind Nova Scotia's Premier Joins' ~i~t ~W~I ~U~I~q:~1~1~The test ~o~f d~. ~i~L appear ~1~;~,~,r~,~,~, 1~1-k Is ~by ~"~"~q"~q"~it scallop S ~a~lru~i~l~, clu,:~I~w~I~s~e currents which ~br~up i~t we d~o I d ~q1~q1 the eggs ~a~nd larvae of commercially scallop areas o~qv~qe important fish species i~n th~e ~lo~t~) of of interest ~it~q, ~qmd~qu~qs In Defense of Fishing Ground ~t~h~e bank for Lis long as two to three to reaffirm ~t~qhe D~qe ~o~m~it~h~s. These currents a~r~e strong~q" commitment to ~I~. ~t~he area described by the impacts to ~s~qc~qa~ql~ql~qo By Arthur B~, Layton Jr. an the Northeast Peak of ~q6~qL~i~rge~s of 198~6 provides for a joint veto~of t~he ~s~enting almost the entire ~f~l~s~f~dng supplemental Call. P~o~l~l~u~t t leasing of these a Nova Scotia Premier John Bank. a prime scallop area. Board's decision relating to ~exp~lor~a- industry of Lunenberg~, Queens. ~.~L~b~g~o~p~e~r~sa~n ~a ~th~sc~l~urg~e~d dur~u~ng ~t~i~o~u~s proceed. Buchanan last week joined Maine Led by John Davis of Shelburne. t~i~on licenses. Should t~h~e Board~, She b~u~r~n~e~. and Y~an~nO~UL~)~, ~C~O~U~Rt~l~e~s ~In in this area could be entrained and "Second. I wool Gov.~,Jo~h~n M~ckernan and Massa- N.S.. who operates a fish brokerage following public hearings. decide to ~s~out~hw~,,~s~t~u~r~o Nova ~S~v~o~t- ~nu~ng~l~ed with vu~b~t~e~"~a~b~le fish eggs opportunity to p chus ~its Gov. Michael Dukakis in In Yarmouth, N.S., NORIG has grant such exploration licenses, the lit a ~l~e~t~t~o~r to ~.~1~W~I~T~'~w~ry of ~th,e d larvae ... ~at~i~d~t~i~o~n~a~l ~c~qon~qi~qn opposing drilling for oil and gas on joined forces in the U.S. with the Province of Nova Scotia will veto ~a~ny ~I~j~u~a~r~tu~r Donald P. 1~1~o,~L~-~1 ~qW~t ~U~a~r~c~k As you know Maine is resources of Unit G ~e~arg~es Bank, if such action jeopar- Conservation I-aw Foundation In such decision by the Board and will Gov. M~cK~en~wn stated ~i~n part: dizes ~the rich fishing resources of Boston. similarly request the federal minis- -My support fur offshore oil and that r~eg~i..~ In a telephone Interview this week, ter to do likewise. gas exploration ~i~n the North A~L~L~u~i~t~ic Both ~th~e U.S. and ~C~aru~i~t~f~i~nn federal Davis rand the following portion of "Georges Bank Is vital to the is ~t~c~o~tp~er~.~1 with ~u.~,~u ~o~n~g --r~u ~f~or governments are evaluating the Pr~em~!er Buchanan's statement: economy of Nova Scotia un~d con- u~w ~v~"~l-~b~l~u ~f~Ww~r~y ~1 ~c-~r~e~e~s of the desirability of locating offshore rigs "Petroleum exploration on the tributes more than POO million In G~e~org~,~-~s B.~o~Lk region. A. a part of My on their respective sides of Georges fishing ground of Georges Bank is an value to the fishing Industry a~nd effort ~W encourage economic growth Bank. one of the richest fishing issue of serious concern. Georges accounts for more than ~6~,~0~W jobs. ~m Maine. I ~L~u~n working to develop ground~3 in the world. Bank is ~the most productive fishing ~"~T~h~e jobs provided by ~the Georges new ~opp~or~tur~u~t~i~es in ~t~h~e commercial On the Canadian side leases have ground In the entire North Atlantic. Bank fisheries and Its related ~[~L~ju~n~g ~L~o~d~u~s~t~ry~, and I would like ~to 70~0 ~6~8~, already been sold and the gove~qm "For example. studies of scallop industries make It ~t~h~e largest be assured that ~U~ds resource will not I ~T I ~~~ent Is now considering whether a stocks demonstrate that the growth economic generator In southwestern be harmed by exploratory ~dr~ill~u~n~g drilling ~app Iic~a~tion by one lease of scallops on Georges Bank on a Nova Scotia. activities. holder, Texaco Canada Resources yearly basis Is far greater than that "Therefore, any activity which In "I ~a~r~n pleased that the acreage U.S. DE Ild., should be granted. found on the other banks oft the anyway threatens t~he fishing must ~L~i~e ~m~a~wt~e~d by ~p~i~d~u~str~y in response to MINE On the U.S. -side about nine million coasts of the North Atlantic. prohibited." the original Call it, confined to ME. acres are ~schedu~l~N~I for sale in "It was because of the economic Davis described the pre~tr~i~er'~s February ~I~M9~, ~ac~co~rd~I~ng to ~theS~tate value of the fisheries and your statement on offshore drilling as the ~72~* 44~0- -44~' Planning Office The U.S. Depart- concern that I said in the House of strongest yet on either side of ~t~he 0 me~nt of the ~In~d~-~,~i ~tor is ~@~ch~edu~le~d to Assembly more than a year and a border. lie said that unlike U.S. publish a dr~a~l~l Environmental ~Im- half ago that it it came to a position governors, Canadian premiers ~~a,Ct Statement ~( E LS.~) in F~e~bru~a~r~q@ of setting oil and gas against fish, we actually have some legal muscle that 19~U and hold public hearings in go with t~he fish. they c~an exert wh~end~ea~ling wi~thth~( N.H. March ~19~8~8, according to the State "In addition the Canada-Nova federal government. Planning Office. Scotia Offshore O~i~l and Gas Accord Davis described NOR~IG as r~epr~e Last June an informational hear- Ing was conducted in Portland to __~jr elicit corr~un~ients on issues that should ~e addressed in the E.LS~; The hearing was attended by fishing Industry representatives, env~iron- MASS. ~q6~q6 mental gr~o~ops~and representatives of 42~0 A, State government. C~,~ov. M~cKern~an stated l~a~st'I~t~farch J~. that Maine will support offshore R.1 drilling only if it does not threaten ~the State's fishing industry. Gov. ~qW~2p~ Dukakis issued a similar statement A this summer. ~M~@ In Nova Scotia, an organization calling itself NORIG (for no rigor no drilling rig) has been lo~bby~in~j against proposed oil and gas drillin~, -I.:~'t~: I.: t 40~0 39~* 72~* ~710 ~680 ~q6 ~qn~i Is r~e pre ~s~entat~ion of I lie G~o~t ~f of M ~I~I~I ~t~i~e a~r~t~(~] the New ~P~. ~n ~g I and ~Inl~ea~sestr~qi coast w~as released by ~t~he State I'lann~in~g Office ~f~i~t Augusta. gas ~explor It shows the approximate l~ocatlo~os of abo~ot ~9 million acres ~0 Bad answer ~p~tri~o~d ~Z~a~l~l~d~@~i~n~q All-Fi~q;~4q@c~qierie~6qs~"~"~4qC~,~q4~4qj~-aliti~'o"~0qn Urged ~B~q@~@,~n~l~t~c~b~'~s address: ~N~A Of tr~a~d~i~l~t~i~o~r~a~l ~t~i~h~e~r~T~ne~n Art now entering ~aqu~acul~tu~re and Coas~8qW- ~6qe ss ~we ~h~a~v~e~n~I seen wore." He cited ~t~he Address, ~'A~6qc e Issue muse A industry, and ~m~oc~e recently By ~'~U~t~b~a~t~, ~I~L~@ ~L~i~t~y~t~o~a Jr.. 'We ~a~e~-~@~d to ~f~o~r~a~l ~a ~c~o~a~l~w~qe~i~n over ~M~o~0~qi~'~s ~A~n~d. ~w~i~l~$~0~4 salmon farming, as ~e~i~a~m~p~l~qm ~p~a~r~t~i~c~i~p~q" ~ql~q@ ~t~k~A ~qi~n~nu~a~l shared problems- One we do have Is added that next spring~'s ~M~q" George Harris a Eastport, a ~b~"~%~WP ~T~A~-~U~n~g of ~t~b~6~-~V~z~l~R~* A~W~k~- access ~W the water." ~WU~lL~a~m ~M~r~,~q* ~V~W~*rm~t~n~'~A forum in Roe~2q"; tr~ad~i~t~t~i~e~qw ~t~om~m~tr~c~qW fishermen ~O~Ul~b~!~" A~-~Oc~i~z~q4~a I ~Y~i~qW con Friday ~M~AA president, said about ~J~o~I~a~l~n~g ~w~Q~d~d be, ~a good place ~t~o~b~e~g~t~a~ who has turned to aq~uacult~u~m, then ~I~n Ellsworth ~gr~g~e~A ~t~hA~t An ~a~l~l~[A~n~c~e ~f~acc~i~z, with ~t~r~ad~l~i~t~qm~e~l~f ~c~a~qrn~a~q@~er~c~i~a~qd forging& coalition. He suggested ~t~s~k~ed ~B~ow~d~f~i~t~c~b~, why the State could between the ~M~-~q" ~6qW ~V~ad~i~to~r~t~al ~qW~A~r~m~e~n towards th~e ~e~n~d of A M~o~o~k put ~to~g~e~t~h~u a ~c~o~a~s~qw ~a~c~r~e,3~8 ~not establish a ~sm~a~l~t program foe t~h~e ~r~a~s~ru~n~er~t:~qW ~Li~s~b~q@~ ~n~u~r~ty ~t~h~r~e~e-~h~o~u~r ~p~a~n~e~i ~d~L~v~u~3~3~J~o~b In workshop for that purpose. State's salmon ~mare~r~e~t. He said local _ ~qb~* f~o~qed t~o ~, salmon Cum operators am faced assure ~t~h~a~t an no t~h~e Acadia Lounge ~a~t ~t~h~e Holiday ~L~qm just before the discussion ~gr~o~up~@ with competition from well~-~C~manced longer given ~L~qWt~" ~L~q ~o~c High ~S~@~r~e~e~t In Ellsworth~. ~a~d~q)~oumed. Jeff ~](~A~el~i~a~t~, a former Norwegian Operations that are ~;Auguste~. ~T~h~e~iscussion panel was earn. aide ~q" commercial moving into ~t~h~e State. ~The urging ~t~u~m during ~4 ~P~q" ~pr~i~s~ed of Robin A~ld~qm ~p~i~b~l~l~sh~er ~a~n~d ~l~i~she~r~a~u~n a~n~d a vice president ~q~q( discussion that had b~a~e~o~p~n~e~e~de~db~y editor at Co~m~@~.~,~z~i~l J~:~i~xh~.~r~i~q~a.~y~ew~0 A~&~.~4~0~s~ted Fisheries or ~M ~@ ~A~no~t~h~er ~a~u~d~i~e~n~t~a member asked it ~k~e~y~n~o~t~A address by Nathaniel ~EL ~, ~A~l~n~e and B~owd~i~t~c~h how the ~L~-~mk force had ~i~n ~St~O~n~i~ng~t"~e~t~'~, ~I~s~a~n~t~s W~U~3~0~0~, t~P~O~' director ~a~( the Maine 'Sardine, addressed the tourist ~qMu~nry, " As it a, I'd ~1~-~7~1~1 . ~P~1~1~1~1. ~a~t ~t~h~e ~v~a~i~,~.~-~o~t~, ~z ~C~o~on~c~il, said: relates to coastal development?~" formed ~M~u~n~o ~L~@~*~P~art~me~a~l of E~c~*~' Maine and ~4 founder of (he Portland -~W~t ~b~e~i~i~e~v~e it ~i~s time to begin to ~1~1 ~t~h~@~n~k A was done more by ~n~o~m~i~c ~w~W C~c~e~nm~u~iu~@~y ~D~e~v ~clopa~u~@~n~s~ Fish Auction; Penn E~na~bro~o~k, De- work with a~q~u~a~c~u~lt~ur~i~sti ~in A~u~g~u~s~- ~s~u~b~c~a~tr~qm~i~t~e~e~,~" ~q&~w~ditch a~r~o~@~w~er~e~& em a ~s~t~e~e~r~t~n~i~t committee ~rn~e~r~n~b~er a the ~E~c~or~l~o~m~i~c pa~r~tm~e~n~t of Marine Resources. ~t~a~.~" ~K~A~el~i~n suggested that le~gi~s~l~b~- "The tourism subgroup was won Task Force wh~) D~ev~e~l"~I~m~e~n~' -~"~c~"~6~0 ~qM~.~q"~) deputy ~c~omm~l~s~a~i~o~n~er ~q" ~t~or~s, officials, and the general of an advocacy ~g~n~up~,~" Alden, who ch on Oct ~30 released ~h~qm~qW a he ~O~M~R~,~s Bureau of, ~P~@~p~u~i~z~u~o~n its report, ~E~,~w~t~>~1~1~qW.~g ~rh~, ~W~,~M~* Marine Development; ~q" ~M ~7 j~. ar~e not sufficiently aware was ~s~i~qM~n~g at the We) table near ~J~4 ~0~( the economic importance Of ~t~he where ~R~@~iw~d~i~t~ch wa~s standing, Ad~@an~f~a~g~v An ~E~c~o~"~m~ic ~D~q~v~#~t~q~p~@~, Herman Of C~ah~e,,~H~e~r~m~&~A ~A~1~3~0_ m~e~n~t Strategy f~a~r ~u~h~, State ~o/~.~W~W~A.. State's marine resources, added. ~z~a~t~e~s~, public ~p~o~u~c~y ~t~qw~u~s~d~t~a~n~t~3 ~"~M~ari~ne~bond issues ~g~od~ow~n~e~ac~h '~1~1~@e task force ~i~3 not able to ~c~4~o~c~n~a, At the conclusion of ~g~ow~d~it~ch'~s Augusta. I ~. address and during ~T~he ~x~u~l~b~s~e~qu~e~n~t year, There ~i~s short ~s~u~q@ for marine ~qi~o grips ~v~nth complex political ~L~vu~e~s~, ~p~a~r~t~el discussion, Uwe ~w as criticism~, ~1~1~* ~m~c~d~e~n~t~x ~w~a~s ~p~1~d~qw~d C~i~i~n~@ ~i~s~s~@~t~z in ~k~u~g~u~at~a~," ~Y~a~e~l~i~n said. which ~i~s what we have on ~t~he ~c~o~a~z~l~,~' from the audience ~C~i~a~t ~aq~u~a~c~u~l~t~4r~e ~o~p~er~a~t~" ~a~( "go Cove Marina~ What had begun ~as an expression Alden ~v~x~@~t~i~n~,~4~e~d ~qW not been sufficiently ~s~i~z~e~s~s~e~d in Farm which rears oysters In a* of dissatisfaction by audience ~B~owd~i~t~c~h added. ~"~f~7~h~e task force the ~t~a~L~A force report Copes Of ~t~h~e ~p~ar~n~a~r~j~u~O~t~L~i~j ~y~t~i~ver ~I~, N~e~,~c~l~a~t~l~,_ members over what they perceived said that public access (to t~h~e water) report ~h~ad been made available to ~"~I~l~U~s group could be a leader ~q" to be a State reluctance to give is a-real problem ~i~t is its r~ec~om~- ~HAA members before ~L~h~o ~&~:~W p~@~q= bring in other group& on ~t~h~e water ~a~q~u~a~z~u~k~t~u~r~t due recognition turned' ~r~n~e~n~d~at~i~o~n, to set up it ~L~"~k force to Macau beg- access Issue," ~E~s~w~br~o~o~k ~re~ql~a~i~n~e~d t~o~" i~n~qi~q@ a discussion of how to form a study access." coalition when Brian. Tarbox, an The discussion pa~n~e~l~L~s~t~qi were then formally introduced ~a~n~d Wilson led Alden ~qW4~1 the ~&~U~d~J~t~f~We %A ~%~)~@~.~e that fear. off by telling the group that: ~42-w~o~f~ti~r~tg~-c~n~e~m~D~er task force A attend ~s~t~ra~b~e~gi~e state p~a~z~l~c~y ~p~qw~qwg ~T~l~w U.S. ~c~o~a~s~u~r~n~p~d~a~n ~o~f~e~e~a~l~o~o~d "What ~i~s really needed In the ~t~a~s~l~: which she w~a~s a member, ~c~w~)~. force ~I~s leadership~. meetings ~q" ~1~0 ~U~nd ~A~&~W3 ~f~t~l~d~A~S~O, In the ~P~a~A decade ~r~u~s increased by ~S~or~n~e~a~r~t~e needs to: to ~qW~n~e~w~3 media. ~c~en~tr~at~ed all the political forces of come with ~s~l~u~t~i~m~s ~t~. such ~q~v~e~s~d~ox~l~s 25 P~-~VC~t~O~t ~V~A ~OA~( ~M~0~3~1 Of ~the the ~P~t~a~t~e in one room. ~Sh~e ~to~l~A ~L~b~e "Offer to speak a bout ~a~qu~a~e~Wt~i~u~v. Increase h~a~s been at ~L~s~e ~1~,h~i~g~h~. as permitting versus ~l~"~S~i~n~g ~q" ~t~h~e~' ~a~q~u~a~cu~l~turis~L~s they should b~e ~%~% an need ~J~o~s~o~l~v~e t~h~e access problem~. to the ~R~q-~r~y~, ~F~w~ax~a~s~, ~A~n~d ~U~n~s quality end ~a~t the ~q"~r~k~e~L~l~l o~f their political vulnerability, ~- ~-~.~1~-~i~n disappointed that clubs. ~l~qu myths about ~a~q~u~a~c~l~u~l~t~u~r~e -That Maine is strategic because "You need In see the Ocean ~&~S A ~B~t~L~qP need ~t~o ~b~e d~i~s~P~e~ll~ed.~" she said. of ~I~t~s ~p~r~o~K~i~rr~u~t~y to m~a~q)~O~T m~qw~o~@ resource that tip unto now has been Brennan ~i~i~)~M~R C~o~mm~i~a~s~i~o~n~e~r) ~1~.~q1 At One point Chip Davidson, p~o~b~t~an ~m~a~r~k~e~t~3 on the East C~q~a~-~,~d~- lug here. because I feel he should ~b~e~* President of Great ~F~@~s~t~ern m~u~s,~1 ~i~t~". Y~o~u have potential ~@~q@~e~n~t~s ~4 ~, ~. -That the State ~h~a~s already put from everybody that ha~s used ~t~b.~4 Est~abr~o~a~k ~ap~o~l~og~i~u~d for ~Br~e~n~.~. ~C~O~@ ~i~n~T~e~r~o~n~t~s Harbor, said ~toAld~a~n~, together a fairly ~@~f~f~i~c~j~w~t ~m~a~r~t~e~t~i~n~g water." A~)d~e~a, i~n~c~J~u~d~l~t~d ~i~n ~t~qW ~P~An~'~s absence saying, "He had I -~I agree a ~c~o~-a~lit~i~o~n ~i~s the answer, 'system to reach those markets potential just people who drive by t~h~p But, we've tried to approach ~4~ , Previously t~st~a~b~U~ih~ed commitment traditional fishermen. it's Bke through its C~a~t~ch-Th~e~@Ta~5te wean for the view. 'that h~e couldn't avoid.- program. An~d~, that ~t~h~e ~DMR "We're seeing a b~l~e~n~d~t~a~I~i of ~F~-~M~a~br~oo~k added, "It ~is very ~t~a~a~i~zh~' coming to a ~W~R~I~L" ~- ~s~po~n~s red program ~i~s a ~(~qmrd~at~i~on traditional c~om~m~e~r~c~qW fishermen' ~t~he case that Bill Brennan Is ~a~n "I don't have an answer for ~qj~ou.- ~1~0 and ~a~q~u~a~c~ul~t~u~r~i~3t~s. ~T~he market Alden replied, "We're talking About mark It that can be eip~La~n~d~ed ~' ~9~4~1~qM~Q~U of marina resources, Book market and resource c~o~mp~et~i~j~i~o~r~L -That the demand for quality ~s~i~t~u~t~i~o~n ~i~s becoming extremely the Commissioner a~n~d I are very, Aq~u~acu~l~t~ur~e ~i~s not Just ~the new wave seafood mot be met by ~c~or~-~u~st~e~n~c~y blurred. I ~t~h~i~r~a it's most ~w~1~p~o~r~t~a~n~t strong advocates of ~m~a~i~l~n~e~@ versus the old stick ~-~1~n~qh~e_~m~ud~. ~a~t supply that can be M~O~A easily Met that you build a working coalition resources. But, the ~I~t~s~U~n~g ~i~n~d~u~s~t~l~`~y is romp," ~A~A~d the ~D~M~R has ~t~P dynamic tension of different p~o~u~t~i~c~a~l by ~a~q~u~a~cu~l~l~u~re. between yourselves~,~" Alden c~o~a~@ There ar~e same real ~Is~s~ae~s, It's a -That Maine's Indented coastline t~i~n~u~e~d~@ address ~a~l~l n~iar~i~n~e ~qW~t~A~e~s. And, ~we Interests. tends itself ~1~4 having perhaps the ~"Aqu~acu~l~tu~ire now has A r~i~A~l'~qi have t~o Make them a~l~l fit. greatest potential for ~s~q~u~a~c~u~l~t~u~r~a~l visibility in ~t~h~e State, Because ~o~(~U-~A. "A~qu~a~c~u~l~tu~r~e~. I feel, is going to "The ~)~o~b~st~e~r~r~r~m~n is opposed t~b development In the ~I~N~a~t~i~o~n~. A~nd, that growth and scale ~o~f a~qu~a~c~u~P~t~ur~t, all be~a~am~e I~ncr~e~a~s~i~n~g~l i~mp~o~tt~a~n~i~@ I see ~s~q~u~a~cult~ur~i~s~t~s pretty much for the ~o~f a sudden people are noticing It. ~i~t ~0~-~u~g~ne~nt~i~n~g ~t~r~a~d~i~qy "me reason th~e ~l~o~b~st~er~m~a~h is ~a~qu~a~qW~, bite Is Already an ~e~@~u~b~l~l~ih~ed ~ti~o~na~l stocks~. Not industry ~i~n the state. The good thing about that Is t~h~e replacing or ~(~1~1 ~A~p~l~a~c~i~n~g stocks. opposed t~o~:dr~a~g~ge~n~," Alden said as Wilson said ~qW~t ~s~t~umb~U~ng blocks Potential for research~. ~T~he bad thing Aqu~ac~ul~t~ur~e stands to be an an example. to the ~r~e~a~l~L~u~t~i~on of aqu~a~c~u~l~t~u~r~e~'~s is that people are ~b~e~g~u~W~A~& to %A ~I~m~p~or~t~a~n ~t Part ~a~t marine ~n~3our~c~e~g It wa~s then that Mo~ok suggested potential would be if-, questions about big ~co~mp~a~a~le~s~@ ~t~i~e~v~e~l~op~ment. It's implicit in this using th~e ~e~qm~st~a~l access issue as a versus Individual Operators. About document " Est~a~br~ook said ~I~n common ground f~or farming A -State support of marketing foreign c~ompa~n~z~e~s and ~q~u~e~sU~a~n~s reference in the ~t~k I", report coalition. efforts ~f~a~l~t~e~r~@ -"Efforts to improve on What the about pollution. It ~s~@~em~a ~t~q~~u~l~e ~'~1~7~1~i~s ~d~x~u~a~n~e~A~t provides substantial task force had in mind" falter. ~2qg~64q@p ~qUe Otis can ~q-~qp~0q4_~qt~36q4~q*~8q@~24q-~q, ~qi guidance to state agencies. I think it -Efforts to' improve t~qh~qe legal ~qg~qt. ~qe~qn~qv~qir~qo~qrun~qen~qt~q3 for fisheries ~qt~qa~ql~qt~qar. `Many of the tort b~qa~qt~qU~qe~q3 stem. ~q*~q1~q1~q1 ~qbe a ve~4q7 important document ~ql~qa~qr~qa~qa~qr~qr~qa ~q. plane for educational~q, And, access to the water, ~q1f the from ~qt~qr~qi~qe discomfort of traditional ~qt~qn~q)Pr~qo~qv~qrn~qent right through to industry ~qI~qs forced to ~qc~qo~qr~0q@ against fishermen over the future of their the second h~qa~qr~qn~qe market ~qU~qw~qn ~qi~qt faces product~. There is ~qt~qhe feeling ~qt~qh~qu~qt ~qth~qc ~q-~qe~qn~qt~qr~qe~qDc~qt~qt~q%~q?~q,~quria~ql dev~qt~q1~qo~qpm~qent~q,~q" a problem of being forced Out,'- ~6qV~qo~qr~qw~qeg~qian~qs will be ~qab~ql~qe~qt~qoe~qx~qer~qth~qu~qg~qe~q, ~qE~qs~qt~qabr~qo~qo~qk ~qb~qi~ql~qd ~qt~qhe Audience that Wilson said. power in the m~qarte~qE~ql suggestion ~qf~qo~qr a coalition was a He said Uwe would be no way of -But in many ~qc~qa~qw~qi, ~qinu~qs~qael~qs ar~qe ~q9-~q6 o~qne. lie added t~qi~qo~q,~q.~qt the legal ~qd~qt~qV~qC~qI~qO~qP~q(~qU 'What h~qA described a~qs an example, ~qsquac~qu~ql~qtur~qt ~qi~qs opening ~qe~qa~qv~q(~qm~qr~q@~qm~qe~qr~qlt of the ~qf~qi~qs~qhe~qr~qie~q5 ~qis a-ever potentially the largest ~qa~qq~q@~qL~qa~qc~qu~qi~qt~qu~q" up Markets ~qw~qK~qi~qc~qh are ~qb~qe~qa~qe~qf~qi~qk~qt~qi~qn~q;~qt~, clear, because the statutes ~qc~qo~q@ resource ~qi~qn the United States~q, ~qi~qr ~q4~q4~q" everybody. You people Bra ~qc~qe~qr~qn~qI~qn~qg It Ate Arrived At by e~qv~q.~q1~qat~qi~qo~qL ~qt~qo no way to get to It~q. I ~qI~q"~qL~qr~qoduc~qi~qn~qg ~qc~qh~qm~qg~qe a~qnd c~qY~qla~qng~qe ~qot~qt~qen ~qI~qlen~0qw~qn told the group it ~qr~qI, to Arid, W~qi~qL~qm~qn ~qsa~qld~q,`T~qhere needs to g~ql~qe~qr~qe~qf~qa~qb~qM fear. ~qT~qh~qe ~qIe~qA~qr of w~qr~q*~qr~qe will t~4q&~qt~qa~qt~qe the ~qpu ~qb~qU~qC And ~qP~qO~qV~qc~qYtr~qak er~qs ~qb~qe ~qc~qO~qn~qt~qi~qnu~qi~qn~qg Support of tech- I ~qw~qi~qr~qid ~qup-~qon ~6qf~6qt top of th~qe new by ~qc~qt~qt~qa~6q"~qg ~qL~ql~qe~qm Aware of what n~q`~q1~q0~q9~q1~qc~qA~ql development~q.~q" structure ~qo~qr on the bottom. ~q8~qqu~qa~qc~qu~qlt~qur~qe ~qi~qs and ~qh~qow it benefits ~qU~qt ~q7~q'~qr~qad~qiti~qo~qnal ~q1~q1~qLh~qerm~qe~qn ore expressing ~q5~q1~q0~q1~q0~q. She urged ~qM~qA_A members to 38 Quoddy Tides 2/12/88 Aquaculture and real estate developers clashing in Cutler by Fred Hastings Who says there's not enough economic development activity going on in Washington County? From the clash now brewing in C ler between developers of an aquaculture in- dustry, Robert N. and Robert a. Cates and the Maine Coast Nordic Co., and the developers of Western Head, Norman Langdon and the Last Peninsula Co., it appears there may be more than enough at the moment. The two parties are now locking horns over who should get to use 6.5 acres of waterway rights at the entrance to Cutler Harbor. Langdon Files Lawsuit As a result of a lawsuit filed recently by the real estate developer against eht aquaculture developers, who were award- ed lease rights by the state last November, a legal battle is getting under- way that is raising important economic and environmental issues in the process. On the economic side, it appears not to be a question of whether development should take place in the harbor, but rather which kind should take place and which kind should take precedence in disputes over water rights claimed by and com- mon to the interest of both parties. The developers of aquaculture want to place salmon pens along the shore of Western Head, while the shoreowner developer wants to maintain ocean access and build a dock facility in the same area as part of his planned residential com- munity. On the environmental side, it's not so much whether the environment will be altered-it appears it will to some degree in either case-but what is the more im- portant, preserving the natural state of the shorelands (as advocated by those developing aquaculture), or preserving the purity of the coastal waters (as em- phasized by the real estate developer). Varying interest at stake Those developing an aquzculture in- ductry in Cutler have been among those actively opposed to the development of Western Head as proposed by Langdon. They cite the land's environmental characteristics, its unsuitability for wastewater systems, and its significance as some of the fast undeveloped land on the Maine coast as the reasons for their opposition. And on the other hand, the real estate developers hae actively opposed the placement of salmon pens in the area of the harbor adjacent to Western Head. They cite the physical barrier to ocean ac- cess the pens present to currenct and future Western Head shore owners, and the detrimental effect which they claim such fish farming techniques have on water quality, and the subsequent hazzards it poses to other forms of marine life in the area. DMR also named in suit In addition to the and Maine Coast Nordic, the lawsuit is directed as well at the Maine Dept. of Marine Resources, which granted the aquaculture lease rights last November following a public hearing held earlier in the summer. Claiming that testimony given by the petitioners was flawed, in that it was con- tradictory and failed to properly indicate the negative environmental impact on water quality in the harbor, the suit also alleges that the DMR's decision was "as bitrary and capricious in that it does not properly and legally protect...the land owner plaintiff, the Last Peninsula Co.," As part of his development proposals, Langdon had previously made plans for a dock facility in the area of the salmon pens, and he claims that the DMR was lax in following the regulations governing the' granting of leases of offshore areas, which require that there be no in- terference with the right of the riparian or shorefront property owner tosafely get to and from his property. In his suit Langdon asks the court to reverse the DMR's decision granting the salmon pen leasing rights adjacent to Western Head. The suit also asks the court to order the defendants to pay its court costs and attorney's fees. ~0 ~q"~ma~nc~t~, Maine, Press Herald, Tue~qw~ay~, February ~9, 1988 study ~8qo~0ql Coastal ~6qp~2qo~6ql~0ql~8qu~0qt~6qi~,~4q0~q3~0q2 ~4qu~6ql~2qg~4qed By BOB CUMMINGS nationally." Mitchell said the bill env~q4~io~t~is much of the St~R~f~f Writer He called the "presence of this known ~c~arcin. new research being carried out by current c~e ~g~m~anne ires~- More money for research into coastal ~p~oi~lu~- ~or-c~su~s~;ng agent)., a~ne~arty ~a~r~n~i~n arch organizations. Including the t~i~o~n and Its impact on fish and other marine life Ind ~c~a~t~c~, ~I~x~Dten~q@~6q@ long range risks." ~w` ~U~m~iv~ers ty ofM~ai~n~e, the Bigelow Laboratory at Would be provided by a bill being proposed Mitchell said research into the source of the Bo~o~th~hay Harbor, the ~De~;~0q=nt of Marine Re- by Sen. George J~. Mitchell pollution and its impact on marine life is needed sources and Maine Maritime Academy. ~r quickly. Marine Resources Commissioner William Mitchell told a press conference here Monty He predicted research would save money Brennan said new research is n~q;~q;~q;~qied 'because .'that he is filing a bill this week that would ~10 marine research regions a~nd pr~ovide~q@~n~$ 1~5~0 eventually. It ~is cheaper to prevent damage than we have only an elemental ~unde~i~-~V~q=din~g of the nillion for them over the next five years. to restore ~t~b~e~@ marine environment once it is factors Influencing the environment and t~h~e ~.mi ~t~i~ll~i~o~n damaged, he said, citing the ~@hu~ndr~eds of m~il- stocks of fish upon our fishermen depend." Each o~f regions would get up to ~$3 ~i~t lions dollars it will take to clean up Chesapeake Also offering support was Dale Lick~, presi- ~.a~n~nu~ally~over that period. Bay and Boston Harbor.~' dent of the University of Maine. ~7~he Gulf of ~7~be bill would double the federal research funds available for marine research in the Gulf of Under Mitchell's bill, the 10 regions would Maine "supports a large segment ~ofthe economy ~Ma~Jne. coordinate and finance research into the m~ar~me of the northeast," Lick said, 'yet we know very ~'~rbe measure is co-~sponsor~ed by Sen. William environment. little of the mechanisms and relationships S. Cohen and senators from most of the coastal Maine Maritime Academy president Kenneth which make it work." states. ~b~L Curtis, a former governor who is also chair- Anne C. Johnson, a former Bigelow Labora. Mitchell said the bill grew out of recent man of the Association for Research on the tory researcher who helped document the pr~e~s~@ disclosures that sediments off the Maine coast Gulfof Maine (~A~RGO~M), praised the proposal. e~n~ce of hydrocarbons In the sediments of contain ~al~arm~L~n~gly high levels of hydrocarbons "It should be obvious that the coastal waters Casco and Penobscot bays, said the research is and toxic chemicals. of the United States are rapidly reaching the needed to "institute a comprehensive protection A hewing held ~In Maine last fall, Mitchell point -hereby they can no longer stand the program.* sal~qa, showed that the Gulf of Maine "is still very strains being placed on them," Curtis said. Johnson, w~ho now directs marine activities r~Jean~,~" but "somewhat surprisingly ... Casco "With our rich maritime heritage, Maine has for Maine Audubon Society, said the bill w~ou~!d Bay had a level of aromatic hydrocarbons in a vital stake in ~the preservation and sustained help preserve "our legacy of a clean and healthy sediments that was the fourth highest quality of ~ou~r coastal waters." marine environment." COMMERCIAL FISHERIES NEWS FEBRUARY 1~9~qM Compatible economic benefits -Making a case for aquaculture in Maine ~q1~q:~q7 Bill M~ook~, president ~2p~p~p~the' Maine (high tides, a heavy nutrient load, ~a~n~d approximately $143 million each for Maine's finite ~5 uprpli~e~s of wild A~qu~acultur~e A~ss~ocia~tio.~-~.. operates a protected emba~ym~en~t~s) are nearly ~y~e;r~, according to ~DMR statistics. fisheries products, aquacul~tur~e shellfish hatchery. M~oo~i~: ~Sea Farm ideal for culturing seafood, and, with ~ar~r~0qW~r~ai~s~ed mussels presently represents a bright i~ty for the exception of Alaska, the most account for only 15~%~-20~% of Maine's Maine's fishermen ~0~2q=~u~n Inc., on the ~0~amari~scot~t~i River in ready South Bristol, ME. Pr~ior~~@o having mussel landings. However, because of possess ~s~or~ne of the most crucial his ou~r~n hatchery, Mook was plant the ~ag~*~r~es~s~iv~e marketing efforts of kill,, knowledge, and equipment for manager at Bristol Shellfish Farms ~%~_~.~J ~%~.~.~i A, ~L~X A era[ mussel farming companies, working on the water. He has a BA degree in ~e d u~s~s~els, a minor fisheries product fen I~tur~e requires Innovation. ~qa~"~' ~a~- ~a~n~, than III yea, a~go~. are ~n~ow m~qo~q@~qr ~qq~6q=t~a~sk force is correct when it environmental science and ~4~.~@ d ]'I. land A a graduate work in oce~ano~g~r~vph~q@~qE~d~,~, COLUMN in~e'~s top species in both states that, ~'Ec~o~nor~n~ic g~r~,~6-th in value and weight. Over 6 million Maine depends upon having those pounds (meat weight) with a landed bru~sin~ess~e~s that a~ire willing to take extensive resource of this kind in the value of about ~52 million were risks, develop new products, utilize As ~i~qm~m~b~er~s of the Maine United States.' The strategy notes harvested in 1985, ~4qnord~in~g to ~DMR technologies, and penetrate new ~.~C~_~1 Aqu~acu~l~tur~e Association and that a c~lea~n environment contributes figures. Some in th industry believe new representatives of the industry. we ~t- the high quality of life in Maine. that future harvests could be valued m~ark~e~a~.~' ~T~h~e~m characteristics w ~ould like to sham ~o~u~r view of the many other development at over ~$100 million per year. describe a successful sea farming rec~ently released report: 'Establishing venture. Recognizing ~th~is~,~,~qL~o~v~er~nor~s u~p~t~i~ons, aquacu~l~ture do" not degrade ~w water quality. In fact, clean water is p~e~an (or Beim~) oysters have from other states such as York, the Maim Advantage: An Economic Maryland, and Washington have Development Strategy for Maim.' absolutely essential for th~e cultivation Ebu~e~'~o~en cultivated in Maine for the ho~-n strong public. support for Th~e report was ~0qnared by of seafood. ~6qc~ast~qb~q!~0q= more years, So far them ~5 Governor John ~c ~r.~.~, ~s Economic ~n~o large-scale marketing ~aquacul~tur~e. The economic development strategy effort for ~B~el~on oysters, and domestic During the Implementation of the Development Strategy Task Force. also notes the significant strategy, It is vitally important for the Aqu~acul~tur~e is an outstanding ma-kets have remained ~i~rma~il. Only contributions that natural resource- recently, because of the dollar's Maine state government to play a example of the type of industry the based industries have made to Maine ~ec~li~n~e against foreign currencies, a ~i leadership role in educating t~0q@ repo. cites as being needed to make in the past. Following this tradition, d. e~c~qrub~'ic Maine's economy grow. ~q0~v~er the past vigorous market has sprung up for and resolving real and perce~i~v ~aquacultur~e is a natural resource Maine's ~B~el~on oysters in Belgium and ~- conflicts surrounding aqu~ac~ultur~e. As few years. we have invested in Industry that offers great potential for an ~' industry, ~aqua~cul~ture Maine's people, natural resources, our state's economy. Holland. n~4q"~r~m~e~qa~4qT~2q7 unambiguous regulatory ~qand entrepreneurial environment. If demand continues to grow, it is ~qe~qr~qivir~qon~qi~qn~qe~qnt to keep the industry Them are several parts of the I through the doubtful~qtha tthe natural oyster beds healthy and protect the public economic development strategy which F~0qa`~qqr=t~qf~6qur~qe~qe leasing program in Casco ~qB~qay or ~qe~qls~q@~qew~qf~qi~qerr~q. and the interest .Generalized programs and ~qwe believe could help t~qh~qe ~qaqua~qcul~qtur~qe admi~qr~qi~qs~qt~qe~qr~qed by the Department of existing sources of cultured oysters reforms aimed at improving the industry become an important Marine Resources (~qDMR), about 400 would be enough to satisfy the ~q'business cl~qin~q@~qte~q* in Maine may be contributor to Maine's economic acres of coastal waters haw either market. For every 1,000 acres of needed, but they are not enough. d~qev~qe~ql~qo~qp~qn~qo~qr~qnt. been leased or have leases pending for bottom planted with oysters (which We would like to focus on two salmon farming. These 400 acres ~56qm~qr~qe~qs~qen~qt~qs less than 0.1 % of Maine's he Maine A~qquaculture ~qA~q-~q"~qo~qd~qation specific areas of investment which are represent about 0.0~q3% of the 2,080 ~qst.~q, waters) about $~q35 million of T~ql~qo~qok~qa forward to working with at the heart of ~qaqu~qacultu~qr~qe: natural square miles of coastal waters under oysters could be harvested each year. Governor McK~qem~qan, his resources and entrepreneurial state jurisdiction. Based on currently Besides oysters, mussels, and administration, and the Legislature as ~qenviron~qtr~qie~qn~qt~q. According to the achieved production rates, the annual salmon, them is a long list of ~qa~qqu~qat~qk they Implement the recommendations Industry Opportunity Analysis harvest from these 400 acres could species with culture potential of the task force. We are red to prepared by a subcommittee of the exceed ~q$1~q80 million, based on including American oysters, sea define more clearly with ~q1~60q=~q2th~qe task force with staff assistance from information provided by salmon scallops, surf (or hen) clams, soft- specific role our Industry can play In economist Jim Wilson, 'the physical Industry ~qmurc~qe~qv~q. The current landed shell clams, quahogs. codfish, trout, Maine's economic future. circumstances of the Maine coast value of all of Maine~q's fisheries is and halibut. A~qs cor~qn~0qW~qit~qion increases William ~qH. M~qo~qok 40 Mama L . . . ... ... NEWS Photo by Diana Graettinger Jeffrey Stevens of Lubec feeds young salmon and rainbow trout in the aquaculture pens that he 'farms' Acquacuqlture has future Down East By Diana Graettinger they live in saltwater but breed in fresh water. I n spring, net" surrounds the pen and keeps out seals, otters and Down East Bureau when water temperature rises, physiological changes cormorants who might be in the mood for a meal. A occur that allow the fish to go from fresh water to salt lightweight large mesh net completes the protection on LUBEC - Passamaquoddy Bay, a body of water that water. The change is called "smoltifican" top of the pens, keeping out seagulls and osprey. has provided many generations of -Downeasters- with In late May or early June, the smolts are introduced Steve said seals are the mostfrequent predators and their livelihood, has become the site of yet another ocean into pens in the bay where they are sheltered 'Ind fed are hard to deal -with. He said that shooting a seal can industry: aquaculture. until they reach market size, about 18 months later, bring a fine of up to $20,00O. "Because they are so pro. According to Jeffrey Stevens, the holder of leases for Stevens said. tected you can't even swear at a seal, But the test two 10,acre tracts near Rodgers Island in Lubec, Passa- Although the -waters of the Passamaquoddy Bay can be deterrent against seals is human presence. They won't maquoddy Bay is an ideal area to raise atlantic salmon quite rough in winter, Stevens said that he rarely fads to come around if you are there," he -said. and rainbow trout because of its relatively warm sum. get to his pens to feed the fish. and has never skipped mer water temperatures. their feeding two days in a row. According to Stevens, fish farming lIke amy other kind A majorpri ciple of successful fish farming is to take "There are automatic feeders and I suppose I could of farming is a full-time business- In addition,to feeding advantageof warm-water temperaturesand getacceler- arrange things so that I wouldn't have to come out here the fish he has to maintain the pens, ated growth The warmer the water temperature the every day, but I prefer the old fashioned way of doing "Fish pens are like icebergs. 90 percent of the pen is faster the fish grow. That's what makes Passamaquoddy things. I like to observe the fish so that I can detect if under water. I have to check the nets constantly and Bay ideal for the business," Stevens sa id. there is anything wrong with them. It is almost like e make repairs. I have to check the moorings." Stevens 'a id that there are also other features that weeding a garden. You have to be out there so you can -made the bay a good choice for the budding aquaculture see what's going on." he said. Even though it is hard work, Stevens said that he industry. "The tremendous tides produce a flushing ac- Stevens said that the amount of food the fish are fed believed that fish farming in the Down East area will tions, which clean the pens. The strong currents give the varies with the season. "in the summer I had to feed continue to grow. fish exerc ise and make them healthier and the water, them three times a day. In the fail it dropped to two We have not tapped even 10 percent of the market, he times. and now that the water is quite cold and siad,"and I believe that there is so much demand for the which is some of the most nutrient-rich water in the product that we will not saturate the market in the world, provides part of the nourishment the fish need." metabolic rate has dropped, they only have to be fed The aquaculture farmer said salmon and rainbow once a day." foreseeable future. Aquaculture and the collateral busi- trout, the species most often raised in the bay, are The basic pen net is a small meshed net that was nesses which serve it will be a real economic shot in the members of the same family, the salmonides. He said designed to keep the fish confined. A heavier "predator arm for this area," he predicted. BDN 2/27/-8/88 41 ~0 `~,I~q&~NS ~F~@~31~;~!~U~A~R~Y ~I~qm~a ~4qA~2qp~e~r 20 months of Operation Portland auction: Works- for sellers, buyers PORTLAND, ME - It has become facility at any one time, and some subsidized he says. cooler/auction facility. Rent routine. Almost any day except have only used the auction Cons~tru~q@~tion costs for the ~qE~ay-~6qZ~,~q;~q:~,e ~st~-~c~qured ~1. escalate r ~Y~, ~'u fish d shrimp am occasionally cooler/auction building, including I ~, ~. ~, I. 'he first five ~8ql~o~2q= f~rom~a~@b~oats and ~cr-u~cks. However, in early January. t~he three finger piers, two of which are years of operation, and then $20~,000 weighed, culled and displayed for Portland Fish Exchange was working covered with sorting sheds, totaled per year for the following live years, buyers at the P~q@rt~land Fish Exchange with a stable base of sellers and a~p~p~'~o~x~i~- ly ~$1.5 million, said according to Hurtubi~se. That means The auctioneer's v~o~t ~.c~e rings buy~e~r~q@~, according to exchange Howard ~@~2q@ ~olt~ien, the city's during its 10th year of operation, the throughout the c~o~o~ler/auc~ti~on r5~o~nn~el~i Pa a waterfront engineer who oversaw the exchange will be pay~i~n~K a ~$200,000 ~0qr t~q@ bles Clerk Mickey building, wiling off lot ~@~tter lot of ~. r-r~o~w say ~e exchange r~e~Fu~larly design and construction of the fish annual rental I" to the city. each species to the highest bidder. cuts checks for about 120 different pier c lex The exchange also has additional The first display auction w~as held sellers, and approximately 30 buyers Ac~c~qo~qm~qf~qing~'tc~, Wh~oltien, the bulk of rental costs such as office space, on May 1~8, 1986 r~"~C~'pate in auctions, adds that construction money came from parking. equipment, and security. ~. Since then, the ~-g~u~'~a~0q%~8qg n~s Manager Dennis federal sources, p daily scenes and procedures Senior ratio r~imar~i~ly from the The rental fees, loan payments, and re not subsidized, associated with selling and buying on Frapp~ier~. Economic Development operating costs a the exchange have become ~l~a~n~i~di~ar. Some fishing industry members, Administration, though state money Hur~tub~i~s~e says, and must he paid But despite 20 ~in~un~ths of ~"p~eri~enc~e e~sp~@ially those in competition with was also involved. from the income generated by the with fresh fish display auctions, the the exchange, still ~s~ay that the "But no equity capital ever w~en~f exchange. nuts and bolts of auction operation exchange is a subsidized operation into this business,' said Sam Exchange adjusts Continue t~o evolve as the Portland that wrongly put its foot in private Davidson I~. ~st president of the exchange makes changes in response business. exch ~qK~qZ~a~,d ~o~f directors. -We One of the most notable changes But manag~em~e ~qa~0qN~4q4 and borrow for 100% for the ex~chan~6e has been the hiring to customers' needs. r~it at the exchange had to Twen~ty~,i~x million pounds of fish disputes that conclusion. While the financing, and we had to pay market of new General Manager ~Leo and shrimp have been bought on the exchange's General Manager L~eo rate on loans." Hurtubis~e to replace Jim Salisbury, Portland auction since start-up. put Hu~rtubis~e admits that money from During the exchange's first year of who was chosen to become the US on the floor by 378 different sellers. several sources went into the ~tr~u~f~ia~i operation, March 1986~-Febru~ary Fisheries Attache to Tokyo, Japan. As critics are quick to point out, construction o~f the facility, the 1987, it paid ~qW.000 in rent to Salisbury was instrumental in the those sellers aren't ~a~II using the exchange as a business is not city of Portland for the successful start-up of the operation. Hurtubi~se, who has a business Although the exchange had been In order to further facilitate the looks redder, it's supposed to. New background, took over in November selling one-way -wooden boxes to transmission o~f information, the fluorescent light bu~f~b~s have been to g.~,d he ec~han e through a new buyers who needed to r~e-b~ox "change purch~a~wd a fax machine installed that show the red portion of phase ~q; growth a~n~q5 development. product, they were replaced in that has its own telephone line to the light spectrum. Not only are the There's another new face in the December with heavy-duty, wax- receive messages 24 hours per day. lights ~8% brighter, but shrim look exchange's management: ~0 ~erat~ions coated, corrugated cardboard cartons. The number is (2~07) 871-~8013. pinker and fish blood now t~0qNe~s on ~. H~a~qF its true color (rather than its past Manager Stephen Hale e~, who A fee to the buyer of ~$6.50 covers was hired in December, is responsible the cost of the 100-pound ~b~o~x and the Totes brownish hue) in the cooler/auction for supervising daily floor operations, service of r~e-packing and re-icing the The t ~ic of totes never seems to building. Additional lighting fixtures helping to establish employee training fish from its tote to the box. The cost be ~settl~0q9and it's in the limelight have been installed in previously unlit sessions. and planning for future for this service using wooden boxes once again. portions of the facility, too. capital improvements. Hale reports to was also $6.5~0~, though in January the For buyers who use the exchange Buyers and seller who wish to step Fr~q;p~qK~i~er, who is =n~sible overall - fee comes up for review. and return clean totes on time, there's ~off the auction floor into the crew fo t ~e auction b ~g and its For two cents per pound, a buyer no f~e~e at all. The exchange has a ~n~e~w ~br~e~a~kroorn or ~t~h~, entrance foyer to operations. can have his fish s~mak~ed, which system to help buyers know where warm up car, now still h~e~ir the Prior to working for the exchange, includes cutting off the head, spray they stand on their tote re~tums. auction~,~q:n progress. A public address Hale was with Port Clyde Foods, and washing the fish, and re-w~ei~ghin~g the Buyers will ~r~e~c~tiv~e a copy of their system as b~mn installed, with before that, Stinson Canning final product. Currently, three buyers tote balance at the end of every ~sp~e~ak~@r~s in each of those locations. Company in Rockland, ME. are using this service. The exchange seven-day period. Bills for Windows are being installed in. the Because of the increasing number recently purchased an old Baader outstanding totes will be sent out breakroom and foyer doors as well so of boats and trucks using the facility. ~s~t~e~aking machine to facilitate the every 14 days. which is a warning to interested parties. can keep an eye on the Po~r~dand Fish Exchange has operation. Buyers are also charged an he buyer that he has another 14 days the action. expanded its original hours of additional one -cent -pt,~r-p~ouncl ie~t for ~q@o return his outstanding totes or pay Life this spring, the exchange's first operation. The cooler/auction disposal of th~e heads. the cost of them. Period. No more custom designed automated fish building is now open seven days a accumulating t~9te~s for a year at a time. culling machine should be in full week with crews ready to take out Berthing ~The cost for re~turr~ied totes used to swing. The machine. which costs fish at 4:30 am Sun.-Thurs. and at 7 Boats coming from out of town to be $7,00. That price is expected to approximately $70,000 from Scan am on Saturdays. take out fish at t~h~e exchange can get rise to ~$9.00 soon because the American Co~0qZ~qf~,~. in Vermont. i's rher~e'~s no planned production on two free nights of berthing at the exchange's cost is increasing to a designed to ~io.ooo~qscu~qrd. o~f Fridays. but we accommodate cooler/auction building finger piers: minimum of ~$7.80, according to flatfish or 20.000 poun ~s roun~d~fish whatever the boat's schedule is,' the night before unloading and t~h~e Hur~tubi~w. per hour with 100% accuracy. A second culling machine will be ~F~r~4q?~p~i~c~r says. night after. If by chance a vessel Other additions ordered after the first one is up and ~i~n~ce ~ny auction buyers sell fish needs to extend her stay in town, a For those who have noticed that running. to m~ark~qe~qfsa~in Ba Itimore, New York, !~i~5-~p~er-ciay ~f~e~e is charged for and Philadelphia, boxing and st~e~ak~i~n~g ~d~i~@~,~:~.~,n~.~,~i I,~r~d_- the blood on fish on the auction floor Janice M. Plante o~4qXh~rat~ion~s are available through the Ve~s~w~i~s can obtain price ~an~ge. information from the exchange at any time. 'If a boat owner has been out to sea 10 days, he can ~qs~qi~qdl find out -hat's been going on," Hur~qtubise says. 'All he has to do is check with the clerk. We have available all the Price information.- 42 ~0 6~0q6 ~qi~ql-~4qf~-~qj~7 r mother want- ~I~T~I~m~i~n~g ~l~a tricky ~d~zv~e~l~o~pb~qr~6qm~ql T~h~e ~o~r~v~, because a ~qd~qt ~qM to ~b~c a ~c~i~a~m ~O~qa~r~y~.- I. ~S~c~o~v~i~o~g the ~m~u~d~f~l~a~t~a began or cobalt ~qb~q) Ma~2qm~*e clam diggers coupled with ~qW~m week with d~t~g~g~e~f~s ~v~a~l~i~t~f~i~n~g only one in Poo, ~l~i~a~t~u~r~a~l ~s~w~a~i~n~g ~qW ~.~1~, ~h~, ~qM~l~y ~C a ~5 ~-~U~@~h ~i~t~. ~h ~Y ~y flats ~b~"~, ~qW ,would gram seed and then Cover~- ~e~qs~qt~qi~qm So ~s~i~x ~t~o~w~r~i~s ~- Jonesboro~, Ro- ~s~u~g ~s~o~l~a~t of (lie carefully ~m~a~c~k~c~a the' seeded ~qc ~q~u~e Bluffs, ~j~o~n~t- put hatcherv to test plats with a ~d~r~n~s~e Plastic ~n~u~@~h ~1~1~) wilt bring ~q$~q1 ~sp~or~t~@ Addison and ~f~k~a~t~s Island ~- ~pr~o~t~m~l ~t~h~e darns from pr~ed~a~t~o~t~s~. ~d~k~qg~g~er ~i~n~qr~qo~q'~qn In ~1~;~5~qW~. local shell- each ~c~h~i~p~r, ~11~.~1~m~i~n~g ~i~s ~t~r~i~e~k~y~. ~I-~A~t~hg~o~w said, be- ~P~a~t~i~ng~e~o~qm~qm~qi fish dealers a~n~d banks ~c~o~u~t ~(~T~bu~t- cause The clams will grow fastest ~B~u~t Bea) ~q$ 6 towns join f~2qor~2qee~qs to ~0qb~0qw~qs~-~qt supply- ~e~d ~a~n~o~t~h~r~r ~t~l~.~G~qW acid ~V~I~I~A~I~$ ~s~&~- ~'~"~e~a~c~t~s~t (he low w~a~t~t~v ~m~;~,~r~i~e~. ~a~n~d ~l~o~n~g~-~l~t~r~m ~qd~qi~qr ~c~v~c~ed a ~$34~,~O~qW grant [Toni The ~qW ~f~r~i~a~n~t~i~og must ~L~w done ~d~u~r~s~5~g By Denise ~q"~,dr~u~a~r~t to ~h~e~p fund what ~b~l~o~l~d~g~t~s~f Brian National ~c~o~a~s~l~a~d Re~, ~n~r~c~,~@ of ~h~a~t~c~h~qc~qr~qi~qe~qs ~M TAW~- ~t~h~e~f~e~w ~1:~)~q@ ~d~a~y~l~@g~h~t ~l~o~.~-~I~l~d~e ~P~"~i~, ~t~h~c~a~t a~s a ~s~p~e~N~.~1~1 to ~t~h~e Globe ~E~k~-~a) ~be~l~i~t~-~e~s ~1~3 t~h~t ~n~4~f~l~o~w~s First~ tuft to ~l~4~u~n~c~t~l ~t~h~e hatchery In ~d~s this ~(~n~a~n~t~h. that can ~q1~q@e a BEALS (~S~LA~N~O~. ~M~a~M~E - ~In a ~h~a~f~t~b~t~fY~- ~O~k ~C~OM~@~, January- I it ~4~1~M ~qW~kz~: ~t~W~O to ~t~h~r~t~e years overall clam weathered g~i~e~t~n-~s~h~@~ng~l~r~d clam- mu~n~i~l~y-ba~s~t~-~-~d hard shell clam Clam ~w~t~a~d~i~n~g~l~e~s~s~o~n b~e~f~or~t the ~c~l~a~c~n~S a~r~e Of ~h~AT~V1~S~t- ~M~e~n~t shucking shed overlooking a typi- ~qN~i~c~h~c~ry operated tot a decade ~o~n Last week. w~i~l~t~n ~m~O~s~t land ~l~a~b~i~t ~@~j~j~z~e ~a~l~l~d Call ~c~l~e- ~F~o~r ~t~'~.~% amp cal Down east ~(~T~s~h~I~o~g arbor. M~a~r~(~P~1~4~'~3 ~V~t~n~,~-yard~,~l ~t~h~(t~c ~l~a~l~6~l~'~g~i~s~t~s in )cans, ~A~a~n~n~t~l A 4~~H project ~i~n ~(a~r~t~r~i~c~t~s were s~t~a~r~i~og the last of ~l~e~f~m~l~qf~qt ~w~"~th~e~r The ~P~c~i~A~l~e~c~t Is ~3~v- ~i~n~'~)~r~f~f~l~o~r~i~qn~qg ~qt~qh shirts and ~r~u~b~?~2p~p~1p~2p~2p~p~1p~p~p~p~p~ Ing ~th~e ~-u~m~c~T~l~d~r~s Of ~I~qW ~a~n~d 1~9~84 ~'Their ~h~a~r~v~"~I~s~, ~t~h~e ~W~o~l~a~g~l~s~(~s and ~c~e~r~qW~t~c~l~, ~sh~ou~td~s~h~qo ~qh ~P~I~O~; ~e~t~f~j~ng ~h~a~$~r~h~e~ry they hope Was the catalyst for (he Maine ~e~f~- volunteer diggers ~w~c;~f~t out o~n the But at least they will have ton- and w~qb~qa ~w~0~l~, ~B~t~a~l. ~qm~v~i~r~o~n~- flats ~5~t~r~j~l~n~g the ~m~i~r~t~- that oozed ~qM~i~t ~r~c~s~u~l~i~s ~f~O ~r~o~r~a~s~u~r~e~, ~B~'~a~l ~s~a~l~d~. well clams g~qt P~r~O~P ~1~4~P~L W~a~qW~n~qV~on C~our~dy~'~s fart, according to Well above ~T~h~e~i~r ~a~n~t~l~i~t~s ~w~@~ih mill~- ~4~r~d~l~i~c~t N~tW ~E~1~1g~)~a~n~d lobster knowledge ~qt ~(Tagging clam ~T~I~-~j~"~s~i~t~y~, ~, menial ~'~qM~u~M~e~s ~c~o~o~r~d~in~a~f~o~r at ~C~1~4~m~m~i~n~g Is ~t~n~t county" ~l~a~'g~, the ~U~n~I~v~r~t~s~d lions ~r~4 tiny ~d~a ~m~a ranging in size ~h~l~a~t~c~h~t~r~f~qm ~w~h~r~r~,~q@ *~*w~s ~c~o~n~qw~v~A~qi~ql~qo~qn ~y of ~M~a~M~e ~a~t ~M~A~- from ~U~. to ~l~4 ~t~a~c~h~, ~e~s~t ~m~a~r~t~n~t Industry, valued at ~$~4 Was, who ~Q~v~c~r~s~e~q" the ~h~a~t~v~h~e~r~y~, wish and a Prayer ~w~h~r~i~h~c~r you d~e~t~i~s~t~o~n~s~. on ~M~M~1~0~4~1 ~4 ~y~t~a~F ~a~n~d ~P~r~qMu~c~l~ng 45 "The ~k~j~cj~s showed y~o~j ca., Th~e process started in M~Ay were ~s~i~)~C~c~c~t~@~l~u~l~s~.~'~* ~0~6~s~e ~and~qo~qp~q@r~qi :when ~s~t~a~l~. ~h~a~t~o~l~z~ry ~o~l~d~n~a~g~e~r digging. ~P~e~f~"~e~n~t of t~h~e ~tn~i~t~r~e $late Clam ~$~P~A~W~1~3~V~h~)~M~S~t~n~t~h~C~b~A~s~e~m~r~n~t~of~a Craig ~L~l~t~h~g~o~- Arid ~Dw~ayn~c Shaw, ~q@~I~b~l~t~c~y ~b~A~t~t~b~t~r~Y h~a~c~v~e~s,~f~. in some towns such as Condemned school ~h~o~t~i~d~i~n~g~,- ~h~e all biology ~g~r~a~d~"~a~(~e~s ~(~r~o~c~i~l ~t~h~eM~a~- The Massachusetts ~0~1~-~t~s~i~a~n~o~f ~P~r~e~s~(~o~qf~qt~q, ~qa~ql~ql ~j~o~r~w~s~b~n~r~o~, ~wh~e~t~t ~o~ne of every ~n~v~r said~, ~-~s~o ~a~d~.~1~t~s took up the ~c~h~a~)~- Was ~r~amp~a~s~, ~g~a~)~b~e~f~e~d a ~c~o~up~k Marine fisheries has ~u~c~l~d~e~r~w~r~l~t~@ ~q~k~4~e Bluffs, ~q4 ~c~k~i~n~g shed leered taut w ~r~t~s~l~den~t~s has ~4 ~r~o~m~m~e~r~c~i~a~l dig- ~l~e~n~g~e In ~the former ~s~h~u of bushels of ~f~t~a~dy-~t~o-~s~p~awn ~T"~n~.~A lobster hatchery on Mar- seeding, think ging ~l~i~c~e~n~s~" ~a~n~d in ~R~o~q~j~e Bluffs. and ~a~@~o~ng~.~3 ~2~0~0~-~f~o~o~t wharf whose ~c~i~a~m~i. ~t~h~a ~% ~V~u~l~t~ya~r~d ~A~i~n~c~e ~1~9~~;~9~, ~w~h~(~,~h~@ ~l~-~h~c~tt 6~0 Of tire ~t~a~-~n~'~s 30~0 .. ~I~. ~u~s~e ~D~w~A~t~v Richard Carver ~d~on~a~t. I Tilt ~h~j~j~c~h~@~ng p~i~o~r~s~s ~i~s ~c~a~m~@ in good years. p~r~@~v~j~u~(,~,~a and ~h~ow m~qa Jeri ~i~s ~h~a ~v~t ~c~l~a ~m~m~l~ng ~i~s a ~e~d tot ~t~h~e ~P~e~o~l~e~c~t~. a ~h~a~l~l~m~a~- bead his ~6qW~qc~qk~q. big ~f~a~c~l~o~i~, ~I~n moat families~- IF). ~p~l~r~K~, ~b~ut ~q&~n~t~r~a~f~fy ~j~a~q~u~t~k~,e~q laying ~H~o~n ~i~n~ch-~l~o~ng ~j~o~h~t~@~j~or~s to be scat- can ~r~r~o~w~qa~ql~qb~qe ~B~4~t~a~@ traced Tilt clam ~de~p~l~e~0~o~n tilt c~l~a~r~n~s cod ~t~o end in a ~f~i~A~t Wed ~i~n Bay State ~w~a~t~r~r~s~, A ~s~i~c~n~f~@ y~o~u could go a ~e~n~m~e~s~, ~10 a I ~q~64 M~a~t~n~t taw ~s~t~i~t~i~qq it ~t~w~r~@~_ ~k~. ~I~c~'~e~'~N~"g ~t~h~t~"~I with ~a~tg~a~r a~n~d ~P~r~O~g~r~a~m ~l~a~u~r~l~0~r~e~d a year ~ag ~B~u~t ~o~vt~e~4~@_~W~j~n~g his ~d~e~p~i~e~l~t~j inch ~a~l~t~n~u~o~u~rn for h~ar~v~t~s~la~b~l~t I'll, ~1~4~, ~r~i It' ~l~h~t~o ~s~t~p~a~qw~f~o~g ~t~h~,~@~(~n as tile ~i~t~- In Culler, m~A~t~o~" ~p~r~o~k~l~u~r~t~@~d ~a~b~o~w ~b~u~3~h~e~l of ~qc~qN~qa~ql ~l~a~n~y~o~f~t~h~em~u~c~i~d~y~n~a~t~s~. -~y~O~u~d~i~g clams, It -A% enacted, ~b~e said. to males ~b~cg~i~n ~t~o ~l~A~y grainy ~eg~g~i ~1~0~0~,~O~qW ~qW~, by lobsters ~I~d~s~t ~s~"~j~j~j~_ ~l~u~r ky to get a ~I~o~n~g~e~r ~f~o~r a tat ~k~"~s~-~s~"~, veteran ~Ro~, ~W~A~P~r~O~v~e (he ~o~u~i~o~k~i~ta~t~e market- while the males ~c,~K~C~v~c~(~e a creamy, ~M~I~M ~, ~t~w~6~." ~q~u~e ~R~qUf~s ~c~l~ammc~r A~iv~r~ry P~r~e~s~. that, her; ~s~p~e~c~m~, ~B~W M~f~@~ha~e~l.~Sy~!~,~J~O~, manager of toll said last w~tk, fit ~t~s~qqm~a~l~ed ~i~t ~c~O~o~1~P~A~r~c~d w~l~i~h clams from. other ~- It ~t~a~t~i~e~s~c~r~i~l~l~y ~1~5 ~m~i~o~u~t~e~s~. ~f~k~a~3 the ~k~l~a~s~s~a~c~h~u~s~t~-~I~t~s ~t~a~"~l~i~t~t~y ~a~l~l~j 'now ~f~a~k~t~s ~h~i~m ,~p I* three hours North A~0~jn~1~T~,- states, ~t~ia~d 'come ~-said. ~qY~c~o a Pail ~o~f ~e~l~l~i to be ~f~c~f~m~@ Bea' said t~h~t~r~e~, ~t~o ~d~1~9 a ~b~u~s~h~t~l ~o~f clams that ~j~" ~w look M~i~t ~p~e~a~n~u~I~x~" ~3 no ~-~a~y ~t~o ~P~"~I~p~a~- could harvest ~i~n ~30 m~i~,~,~t~t~s a der~, T~h~t ~I~Aw'~s effect w~a to cut ~a~l~t ~T~y~d ~t~ry a ~h~a~n~d~qU ~a~qr~sp~erm~ it took ~n~e~0~0Y ~t~ag ~I~o~W~t~c~r~i and ~r~n~e~a~s~i~l~r~e ~% th~e rest of ~T~h~e ~s~u~m~m~c~r ~a~n~d early the ~h~a~t~c~h~e~ry~'~S ~j~u~lp~a~c~l ~>~n ~T~he ~f~o~b~@ ~3~t~i~e a go- ~h~a~(~v~t~w~a~b~t~e supply about In ~h~a~f~f, fait to ~n~u~c~t~u~r~c ~t~h~e ~O~a~i~n~s~@ from ~m~i~- ~s~l~e~r fishery. The ~r~t~%u~I~t~t~ng d~e~@~p~tr~a~t~s~n Beats said, and ~i~t~s The ~"~i~"~" among ~l~i~f~e~-~)~a~n~g ~d~ar~n~m~e~r~@~, brought ~S~c~a~r~l~f~y ~b~o~a~!~"~t~e~d prices ~f,,~, ~q;~0qg ~c~r~qW~O~qW ~)~a~"~;~)~t TO ~s~0~T~d ~s~1~0~, f~t~o~l~, ~B~"~f~i~f ~SY~0~0 and ~E~l~-~-~R~l ~a~r~e ~I~w~)k~@ traditionally ~l~A~d~t~P~e~n~d ~o~t d~1~g~g~t,~s ~- ~qUD a b~us~b~e~l to ~$~,~@~1~3 a ~b~o~s~h~e~l Ing them ~a~t~g~a~t ~$~1~3~9 ~t~o ~d~e~v~e~t~o~p a kind a ~o~a~t~,~@~r~m ~c~: grown to ~2~5 "'Won ~f~a~n~u~$ in ~qj~h~t fag, A ~s~(~r~a~l~" of ~u~n~u~s~o~;~A~l~f~y And their six ~h~0~m~l~t~t~o~w~n~s ~t~o~g~c~t~h~4~c ~3~h~e~d~'~s ~@~,~I~)~W~l ~@~r~f~t~k~l~h~qw~s~e~ ~l~o~b~s~t~r~s~, Bur evert ~O~n ~8~1~a~r~l~i~r~a~,~q Vineyard It Take$ A long ~j~i~m~e ~%~o COMMERCIAL FISHERIES NEWS MARCH 1988 3 Downeast clumflats reseeded ME hatchery spawns 8.2 million seed clams BEALS ISLAND, ME - For -he During November, 700,000 seed clam diggers, shellfish dealers, and clams were planted in each of the six Downeast townspeople who believed communities that participated in the Maine Softshell Clams that a small shellfish hatchery here project. Each town decided where it Could actually rear and reseed wanted the seed planted. The Dollar-witia, the scitishell clam Industry us proven to be a valuable one to Maine's softshell clams, their faith paid off. remaining 4 million clams, most of economy. In the last several years, clams have finished second only to lot:iStem in More than 8.2 million see,, clams which only reached 1/4" in size, are landed value by species. in 1987, shrimp landings of over 38 million may surpass were spawned during the hatchery's currently being held at Ithe Darling clams for the number tw spot. As of 1986, there were 3,791 licensed clam first year of operation, and 4.2 Center facilty in Walpole.. harvesters in the state, 10530 of which come from Washington County. million of those have been seeded in The Beals Island hatchery recently mudflats of six communities, received a $32,000 grant from the Statewide Volume Valuo Am Brian Beal, instigator of the Maine Science and Technology Board Volume of Statewide Washington Washington Price hatchery project, announced the to help increase the size of the Yr Landings Val" County county Par Bu results at a Jan, 29 seminar at the facility. And according to Beal, the Maine Department of Marine hatchery will be asking more towns Resources (DNtR) laboratory in West to participate next season, this time at 1 GiA 5.21 $11.81 2-39 4526 $33.43 Boothbay Harbor. The seminar was a cost of $1,000 each. sponsored by DMR and Bigelow 'It's one of those things where you Im 4.76 $12.13 2.06 $5.21 $.7 Laboratory for Cicean Sciences. Beal have to prove yourself constant] " S43.88 is an environmental resource admitted Beal. But he also said Lt 18 2.78 11.05 m $4.47 coordinator at the University of aside from any potential economic 1987 773 8.31 1.25 $3.49 345.60 Maine in Machias. benefits the project brings Io clam The hatchery project began in the diggers, important information on Landings and value Inlonnallon as provided by the National Marine Fisheries Service fall of 1986, when Beal started growth rates and survival of clams in statistics office in Portland, ME. looking for funding. Six Washington the Downeast region is being County towns, Beals Island. Addison, tritrated. and that's something that 15 pounds of meals 80 pounds of whole clam I bushel Jonesport. Jones1boro,Machias, hasn't yet been documented, Preliminary data and Roque Buffs, con ribu ted Janice M. Plante I each to the hatchery, and 16 local shellfish dealers each chipped in $100. This local support, along with a $34,000 grant from the National Coastal Resources Research and Development Institute, launched the Beals Island Regional Shellfish Hatchery. By January 1987, renovations at the site were underway. And by June 1. the hatchery succesfully spawned its first large batch of clams. The last spawning took place July 31. "It 60-70 females spawn, that gives us Between 40- million eggs in a ,pawn ng event, explained Beal. A 2" female'clam produces 800,000-1.5 million eggs, and 10 spawnin took place in June and July at tre hatchery, Beal said. The hatchery relied an the expertise of Sam Chapman from the University of Maine's Ira C. Darling Center for advice in spawning techniques. Chapman worked on this technology in the 19705 with the help of Sea Grant funding. "Sam did a lot of the grunt work in setting up the hatchery,' said Beal. -He was really the designer of the physical plant as well as the spawning coach.' With Chapman's guidance, achieving spawning didn't turn out to be the limiting factor in clam rearing. What hampered the hatchery from producing additional baby clams was that it couldn't produce enough algae, the food needed nourish newborns. But despite the hatchery's limited greenhouse space for growing algae and the expected first-year growing pains, by the end of the spawning season, the hatchery was achieving a 50% survival rate of baby.61 clams through the planktonic stage. During the first two spawnings, the hatchery had experienced only a 20% survival rate, said Beal. Once the clams reached 1.5 mm-2 trim in length (.06'-.08'), they were either placed in a hatchery-based upweller or transferred to floating trays in Beals Island's Mud Hole Cove to feed off natural food and grow through the summer and fall. By mid- September, Mud Hole Cove supported 200 floating trays. According to Beal, hatchery personnel wanted to wait until November before seeding flats with 1/2' seed because that's when water temperatures become cold enough to greatly reduce predation by green crabs. 44 ' p4 ' Flo , , by , PC 'a I'- I - 0 k2p, p or b c n pas . Or a ` p" ' - I", , 0 f1pe 4 s o p1 I CA-, 2pP, t ' b .a p SIC p t cc /I 4 f c a h p7 4 Of p0 O s l ` pe ao v or, p' I c 4, pt ptr p1 1pl , the t a., 4" 1 1 1k A pfh p1 AS f Oys "Is 1p% of, O pI. p/, ai 1 , cc 0 p" 2p'pl p, Ste ell 0 p" "* Of I ph h@ , p@ l t % t at" Or j b 51p4- ,I. pv "I A, . ; ") at's CPO p1 pF 00p, `I, . I_ to 2pj p1, 19 at 1 a p1 p- Pat 1po b1 1 at, C, 0 pop0 'too, p, ,I pC , COO1pC j A 0 dos 2pe t ace Of Ct 1 it d ple 1p, cd, 1pv ps ` pA ', as such pN Ole 1A as 4 442p_ oci, C@ 2p- , At, 1p1 p, SHOWDOWN FOR SEA1 Can George Mitchell et al run over the EPA's man in Boston? -7: 2: lip" 11T by DONALD M. KREIS Michael Deland looks out his window and sees just happens to chair the Senate subcommittee that 111initrauon by Jon Luoma Boston - and, according to this theory, his mind supervises the EPA. wanders towards his pals down on the waterfront. Under either scenario, Sears Island has turned "One scenario, as good as any other, is that the Port into an epic environmental battle. Deland even goes of Boston, which doesn't want the competition of so far as to invoke the words "Attleboro Mall" - Se@ Island, is calling in political favors to scuttle mea.riing the Massachusetts swamp that Deland HEORY: Michael Deland is a bureau- the project," speculated a recent Bangor Daily vetoed for development as a shopping center in crat gohe haywire. News editorial. 1985. A celebrated teit case ofjuat how far the EPA TBrandishing his agency's veto power If one scenario really is its good as any other, can go under the Clean Water Act, the proposed under the Clean Water Act, the regional admini- consider this alternative theory: sacrificing unde- mall's fate is still tied up in legal challenges. Both straLor of the U.S. Environmental Protection veloped Sears Island to heavy industry doesn't the Attleboro Mall and Sears Island cases pit the Agency (EPA) is going to stop the Sears Island make sense when an existing port, Mack Point, is EPA against the Army Corps of Engineers, which cargo port if it's the last thing he does. No matter literally a storie's throw away. Deland isn't proving shares jurisdiction for federal wetlands permits that the voters of Maine have twice endorsed bond he's corrupt or crazy when he suggests expanding under the Clean Water Act. Under the Reagan is6ues for the $40 million project. No matter that Mack Point instead of developing Sefi-ra Island.The Administration, the Army Corps has proclaimed it it en!oys the support of Maine's bipartisan con- EPA regional administrator is doing whatthe Clean "I seek ways to encourage successful applications gressional delegation, the McKernan administra- Water Act requires him to do: steer waterfront for such permission to develop precious wetlands. Lion. and officials of the port's host county ofWaldo development toward the alternative that gets the Two key points distinguish Sears Island from - the state's poorest. It's a region that could sorely job done with the least damage to the environment. Attleboro Mall, however. Unlike the Maaaachusetts benefit from the double boost of construction Fans of this scenario might even consider Deland's debate, here the EPA is doing battle with a followed by the bustle of port activity. behavior courageous, since the Maine congressional governmental agency - the Maine Department of The folks in Searsport gaze out their windows at delegation has written to Deland's boss to say the Transportation (DOT). Over the years there have Penobscot Bay and imagine the container vessels lawmakers are "troubled" by his actions. One ofthe been grand private schemes todevelop Sears Island and the bulk-cargo ships steaming into port. signers of that letter, U.S. Senator George Mitchell, for everyEhing,from a nuclear power plant to a coal 46 ~0 Quarles wrote. ~It should, therefore, be our ob~jec- One ~a~s~ne~mment ~o~f the ~@~nv~ir~o~n~m~p~o~t~a~l ~imp~i~lca- Live to keep ~q6D~'~eland~l from 'initiating the veto tion~s, of the Sears I~s~l~a~od cargo purt proved ~em- ~r~o~c~e~"~~. is ~w~o-~1~1 as ~',~o ~"~.~o~in~g ~F~!~'A ~'-m u~sin~e ~-~i~o ~it~s ~h~arr~A~s~s~in~g to ~th~@~! M~cKern~an ~a~cir~nini~s~tra~(i~on. which -~m~e~n~t. ~i -~b~l~e ~r-~,~v~i~i~ati~on~- if ir~i~o~vr~i~t~e~f~ fh~,~- ~(~mm i~t% pr~afi~e~. ~~ ~'~t~i~c~i ~i~:~,- ~~:~t ~it ~n~u~sr~s~o~i~e ~"~.~1~-~1hr~i ~Quar~i~e~s the EPA pr~o~cedur~n~i inner ~e~i~i~! ~h~u~-~i~a~sm~. Late ~t~i~s~t ~@~e~ar the inland Fisheries and, workings as well As anyone,~" replied Deland. "What Wildlife Department released its Penobscot Bay he does not know is how policy within the current conservation plan, in which department biologists EPA is made. I think he is I aping to all sorts of recommended (without any consultation with the unfounded conclusions. I ~2qUst~at~e with certainty EPA) against developing Sears Island and said that land ~a~llofEPAw~il~l ~l~o~o~l~oat (Seam ~I~s~land~ql with existing nearby developed areas like Mack Point an open mind." In particular, Deland insists that would be more ~s~,~iitable~. Inland Fisheries and his top~bo~ss, EPA administrator L~eeThoma~s, isn~ot Wildlife Commissioner William Vail initially given to bowing to the kind of political pressure supported the plan's conclusions, but later wrot~'~e being brought to bear on the agency by the Maine the Army Corps to say the conservation plan "is congressional delegation. Deland cites the Attle- intended to be a guide to assist communities in their boro Mail case as an example. "Numerous people planning process and not to suggest a new level of predicted that L~eeThoma~s wi~l~l~6v~erturn me and he zoning." Continued Vail, "it was not our intent to didn't," Deland said. So far, Thomas has been suggest where the cargo facility should be located. equally steadfast when it comes to Sears Island. That is~'clearly a ~s~o~c~io-econ~omic issue which has Last month when Senator Mitchell and the rest of been resolved by the voters of the state, both at the delegation demanded an audience ("requested referendum and public hearings." a meeting," corrects Mitchell spokeswoman Diane ~_~qW AS THIS ~"~socio-e~c~onomic issue" really D~ewhir~st) with Thomas, he told them in no I uncertain terms to talk to Deland instead. been resolved? Port supporters boa In the face of the EPA veto threat, the project's repeatedly that Maine voters have twi at ~c~' proponents have organized an energetic letter- endorsed their ~$36 million plan by approving two writing campaign that has targeted the state's statewide bond issues that would help fund it. But newspapers and lawmakers. On the other side, a engineer David Ober, the Maine DOT official in thundering silence emanates from the state's en- charge of shepherding the project through the vironmental organizations. "We, in general, sup- permitting process, concedes that the bond issues port the EPA position t~hat Mack Point is a better already approved, combined with federal highway alternative," said Anne Johnson of the Maine funds already in hand, will finance only about ~$2~8 million of that. Ober said he has no idea how his Audubon Society, but her organization plans to take no active role in the weeks department will fund the entire facility, conceded ahead as the --- --- that it might be necessary to seek approval from the project's future is decided. Similarly, Jerry Bley of Legislature and th public for a third bond issue, ~U~qt~q; Natural Resources Council of Maine, said his ,if ~a ~0anization'~s scarce resources have prevented it but also added, ~'get anything built and we get w~e from becoming involved in the Sears Island cli~sput~e~, operations in there, there may be private investors But Ble noted that the council's executive corn. in those facilities." ~y week will consider the question of Ober says the question of funding is irrelevant to mitt~ee this ~d whether it should take a stand concerning political the federal permitting process, but EPA officials disagree. Steve Ella, director of government ~r~ela~ pressure being brought to beat on the Clean Water tion~s and environmental review at the EPA's Act's permitting process. Even the Sierra Club has not yet made any noise Boston regional headquarters, said his off-ice has to counter the pro-Sears Island lobbying effort. been burned once before in that department, "We're stills~ort ~ofworking on thinking o~fwhatwe~'ll allowing wetlands in Providence, R.I., to be filled in gasification facility, but none of those plans ever be doing," reported Joan Saxe of the club's Maine for a project that never came to fruition. "We don't went anywhere. So the Maine DOT is proposing to chapter. The Sierra Club has historically led the like speculative permits," Ella said. One of the key pend ~$36 million in public funds to develop the charge against the Sears Island cargo port~@ the arguments the ~I~N~Tain~e DOT makes in asserting that port. Which br~in~p us to the second ke~y point: facility would already be built by no~w if the group expansion at Mack Point won't do is that only Sears EPA~'~A~p~r~am~inat~ion ~oft~h~e project has ra~i8~a~q@ ~1~; Island offers enough space to build the eventual.- e~r~io~us had not taken it~s case to federal appeals court. An doubts over whether the project would ~be the appeals panel halted construction on the facility in booming ~six-~her~t h port it envi~si~on~q~ E~PA counters economic ~succes~8 its proponents insist it will be. 19~84 after the Sierra Club pointed out the 'Maine that the six-berth plan is, in the words ~of~une ~F~I~'A Tolhe~,~,~,~,pi~se o1n~oone~, onJanuary 25 the.~A~r DOT's failure to file the required environmental official, "pie-in~-the-~sky~" and wonders whether the ~y ~5 Corps formally notified everyone involved thatm~it impact statement. Creation of that ~two-vo~lume tate officials deliberately applied for a permit for intends to issue the wetlands permit in question. document took three years and provided the EPA atwo-berth facility even though they don't have the Now the focus shifts to Deland, who has 20 days to and the federal Fish and Wildlife Service with the money to build it because the ~'v feared a one-berth decide formally whether he'll recommend his opportunity to crystallize their opposition to the ~npplic~ationw~o~uld make the Mark Point alternative agency veto that permit.The Maine DOT has hired development. seem more viable. Wrong, responded Rob Elder. former EPA deputy administrator John Quarles, Quarles apparently figures the Sierra Club is director of port facilities at the Maine DOT. "We've n~~ a Washington attorney, always said it was going to be one berth." he to plot it~@ strategy for lying in ambush pending Action by the federal insisted~, ~exp~i~ninif~i~t~! t hat hi~s Agency ~r~nen~tinner~l tw~o blocking t~hat veto, Quarles' written advice to the agencies. "The en~yir~onm~ent~nli~@~t~s Are likely to ~sit A ~~ berths i~n it~s ~repor~i~@ h~e~c~a~u~me ~t~he ~a~c~t~i~m~l length ~of~th~e ~e transportation department seems to assume out any administrative actions that might c~au so proposed pier amounts to about a berth and a half. that Deland's superiors in the nation's capital [the Maine DOT] to abandon the project without "Every week it~'~R something new," said Elder, wouldn't dare stop the cargo port. "Even though it their involvement," the Washington lawyer told his clearly exasperated with EPA's ongoing objections. i~~ likely that EPA will veto the Seam Island permit, Augusta client." As a result, Quarles advised the Former state economist Lloyd ~Ir~l~and. author of a the [Clean Water Act's provisional give th~o regional Maine DOT to con~Aid~er ndditi~on~al environmental recent Maine ~T~irn~e~s~-~fund~ed ~A~t~u~t~iv ~xug~g~e~R~tin~g Al. administrator [Deland] multiple opportunities to concessions but cautioned a~gai~m~it the "strategic terna~tive~s to expanding the Maine Turnpike, weigh in and cause substantial additional delay in disadvantages" of making such ~bn offer "too early issuance of the ~perm~Lit short of an actual veto," in the process." No, Irland replied. He conceded the problem would report, the two-volume environmental impact agrees with those who say the demand for the cargo be attracting the ne~qce~qs~qa~qary vessels to the cargo port, ~qs~qL~qa~qLem~qent~q@ and all the arguments made by the port isn't there now, but he described the proposed a process that could take up t~qo a decade. "These gaggle of government agencies, n~qe.sp~qi~qt~qper~qs,~q'a~qnd construction as a ~q" po~qK~qsi~qbil ity- creating invest- things don't happen overnight," said the environmental organizations that have considered ment." He likened the doubts about the business economist-entrepreneur. This matched comments the fut~qore of Sears Island will land in the Sears Island would generate to a "chicken- and -egg made to Maine Times in 1986 by paper companies, Washington office of EPA administrator Lee problem," arguing that t~qhe demand would mate- which applauded the Seam Island cargo port Thomas. So, nodou~qbt, will the Maine congressional ria~liz~qe only she, ~qth~qe facility e~qii~qs~q,~q.. I~qf~ql.nd, ~qwho concept hut refused to commit themselves to using delegation, including George Mitchell, chairman of the Senate subcommittee on environmental pro- served as state economist for the Brennan ad m~qi~q- it. It also matches the conclusions ~qof Temple, tecti~qon. Then, everyone agrees, the story gets really nistr~qa~qtion (which launched the Sears Island pro- ~qBarket & Sloan, the B~qo~qston-are~qa consulting firm interesting. "This ~qi~qi a pretty big thing for Lee posal), wrote to Maine ~qTime~qsto say he is developing hired last year by the EPA to look into the cargo a d is port's economic viability. "There is a low prob~qa~q. Thomas to stand up to the committee chairman th~ama~qll lumber export business himself an. ~q"~q" who h~qand~qle~qa ~qhi~qs budget," according to Priscilla er~qef~qor~qe "di~qm~q:~qon~qv~qert~qed" to ~qfi~qo~qd that "there i ~qbili~qLy th~qi~qlt I h~qi~qa potential demand f~qor general cargo Chapman~q, w~qh~qo he~qsd~qi the Boston office oft Iva Sierra regular practical way to meet ~qmy shipping needs port ~qs~qer~qv~qi~q"~q-s will exceed ~qt~qhe capabilities ~qof a Club. But Thomas hasn't done it yet, and whether through Maine p~qo~0qm at present." Does this mean rehabilitated or new terminal located at Mack he will side with his staff against what seems like Irla~rid would commit his small company to using Point," the consultants concluded. every politician in Maine remains an open question. Seam Island for it~qs export traffic if the port is built? Some time later this month, that consultants' ~6q@7 ~0 EPA says deny ~qc~q:~qar~o~2qo port permit ~qM~A AUGUSTA AP~) - Federal ~u~0~n~m~e~n~i~a~l Of~f~'~1~6~a~l~s ~a~r~e ~r~e~c~o~m~- m~en~d~i~m~. denial of a ~I~z~ey ~o~e~:m~h ~qe~qf~@- ~,d-~-~d ~Y~o~r ~c~o~n~s~m~j~r~v~o~n of ~uh~e Sears Island cargo p~o~r~z~, ~tr~a~n~sp~on~a~t~i~o~n chief s~wd ~N~V~ed~n~e~s~d~a~y ~p~r~o~j~q= ill to ~o~n ~'~)~"P~l~)~ed ~f~ Products that cargo torn ~th~e Stalled So could ~b ~o' EPA ~.~Pe~n~o~b~, port ~de~v I ~r~s B~q] ~i~n~e~r~e~a ~r~a~n~s~p~or~l~qo~o~h direct" ~t~o the ~es~t ~Y ~c~o~h~l~i~n~, Project in ~S~t ~ng ~8qfo~0qr St. John ~a~b~l~'~s~hed port~s~e to be trucked P~art~i~c~u~l~a~r~l Volume of the Of ~&~h~e ~S~t~a ~t~o~, A ~, ~&~@~B ~1`~0 of Boston could be he ~y ~m~a~i~n~e~-~l~i~l~d cargo Port ~c~r~O~rdi~n~g ~t~o~,~R I export ~a~n~d ~to _~,~$~4b~,. S early I., e~P~ar~t~qm~,~,~, ~O~b~e~r~t ~E~l~d ~'P~aP~er~' ~I~'~Y~" ~D ~7~7~1~1~s ~I~n~on~t~"~(~1~1~L~'~d at ~Se~a ~L ~4qDe~2q1~qc~ql~2qy ~(~I~f e ~b~a ~h ~N~f~D~o ~I~'~S~p~o~r~t island~. ~I~s~h a cargo ~P, ~a~r~-~o~l~"~P~l~a~n MOOT~) ~D~j~q~,~,~,~,~Tr~a~z~z~,~p ~r~, Maine ~b ~q" Connor, T ~c~q~,, ~I~n is rt on ~Se~a~,~-~, ~A~c~c~or~d~i ~o~r~t ~a~s~e~d ~r~e~g~i ~P~un~d~s ~f cargo ~. ng ~t~o Elder, Oita~] ~o~f~t~i ~e Boston. ~t~h ~d~1~,~j~1~)g ~a~l~m~a~,~k Costs ~o~f Of ~po~r~i~s~a~c~ion ~k~l~i~v~i~o accused ~th ... ~n~or a~i~l~-~D~r~Oved 1~5~q7~.~r~.~.~. ~eProject an ~t~h~e and ~'~Y~z~l~z~l~ent~,~@~,~j~p ~q"~O~f~th~e~p~.~,~c~l~e~r~4~l ~t~"~.~" sit, be d b~.~jj~qg ere ~O~l~lb~l~e ~t~h~os ~o~i~n~t the ~O~b~1~f~,~.j~."~O~te"~C~i~O~n A ~t~e~w~ide e ~s~l~a~n~t~j~a~i~f~) ~OP~e~rat~ion~a~l ~, ~U~t ~t~h ~*~O~u~ld to ~t~h~e ~4 ~4 ~e~n~c~y and ~J~9~8~2 ~-~&~,~j~n in~L~e Proposed ~'~e~v ~@ The ~qM~I ~f~e~r~e~'~ld~f~i~n~t~s ~7~'~h~e ~C~O~S~L~'~i at S e~l~op~n~i~qe~.~, ~j~X~e~n~e~r~4~j~S~?~J~P~P~, r~e~f~e~r~-~nd1~1~1 ~J~9~8~1 ~f~a~c~i~)~it ~@~'~r~e~a~t~"~h I( a ears Island ~1~1~4 'Wait), ~n~o~l~p~o~r~l~d ~i~l~"~'~W~a~s~i~n ~fa Y on ~S~e~,~i~.~, I~f~i~n~a~j~o~r h~i~- ~B and ~e~v~e~l~o~p~o~l~t ~P Much ~S~@~a~n~d ~V~f ~' ~p~p~i~q~g_ '~I~n~n~an Aft ~- ~"~q" ~qVurr~qO ~. ~'~1~1~t h~f~n~4~e~,~J Of the , ~, ~"~C~h ~w~o~u~t~c~, top ~p~r~i~"~'~i~f ~I~n~s~t~r~a~t~i~o~n~"~, ~Y the t~h ~i~i~n~(~l ~f~o~r it ~e~n~t~r~a~l ~1~1 ~e~c~O~n~o~qm ~L~y Of ~r~e~v~i~l~a~l~, ~- ~q"~n~o~w~l~'~o~6~d at Sallie ~C~a~r ~3 Cargo I ~a~i~n~, "Ing ~N~f~a~i~,~.~8~0~s~t~o~n go It~, Would ~d ~0 h~e ~n~l~y links in ~'~h ~y ~r~e~st~o~r'~q"~' her h~i ~"~e~-~9 ~P~-~l~d ~8~"~d ~s~t~, J~o ~n~! Ports ~o~f ~e World',, ~c~o~r~i~c Or~h ~'~? ~o~r~s mad to ~d~e~v~q PP~I~-~Opr~i~t~, the ~E~P4 ~e~hj~s to Specific ~, ~r~e~f~o~re~n~c~t~u~r~n was for ~e~X~e~l~i~t~s~ ~*Mark ~P~A~r~D~e~n~t It ~P lolls and Sears ~I~s~t~. ~, about for ~1~V~e inter" - ~t~u~ld ~I, ~, ~C~a~nd ~C~a~s~tp~r~t ~ort~l~and - Port ~L~)~t~f~i~j Y ~j~V ~l~e-~w~i~t~h ~t~h ~a~n ~O~?~)~c~,P~4 ~@ The ~'~q@~a~S~p~c~@~r~t state,,, ~'~q"~, ~wh~i~o~z~re ~qN~'~t ~'~@a~0~0~4~1~ur the ~e~n~v~i~s~i~o i~ni~t ~en~t~s ~C~e~4~t~e, ~. n~e~i~i ~S~e~a~, 'a, ~qM~l~)~o~i ~e~q piece ~i~n~, ~3 Island~e~i~t~i~o~n~. a tee ~w~a~t~e~r~i~t, asI cot ~r~e~v~i~t~a~l~@ a ~s~t~a~t~e~l~v~i~q ~qa~r~l~i~e~q@ e~n~t ~P~"~eke~nd ~L~a WAftI~C~S ~b ~l~Z~a~t~i~o~n plan. ~e~C~, a ~e a ~S~t ~re~w~i~"~o~, national Y the Sierra Club ~W~, ~e ~@~'~2 Q~C ~Ssun had ~e~a~vi~r~om~en~la~l ~fIt as~-~t~h ears Island ~- Slowed ~V~i~, ~P ~, Organ ~-~, aor file ~@f~I~ta~s ,I ~"~I~'~v~e~r~a~r~y ~~r~o~j~e~c~t ~o~t, ~l~Za~t~i~o~n ~ut Uri( ~4 as'. ~V~h~3~t~t~s ~4~a~n ears. ~Ia ~er theIliar ~e~n~te ~Ort ~O~n~e~o~l~s~e~v~Ir~a~l~i~e~d ~S~t month ~i~h Past~t~P~O~V ~i~t)~t~e~Os~l~o~n ~t ~Q~r~j~l~l ~- e ~I~@~p~,~t ~o~s~t~r ~r~4~P~Pr~o~v~e~ ~I~'~qVn~e~i~c~, ~W~) PUT ~q" ~-~3~e~a~r~s ~Z~, ~e~f he ~W~l~h ~s~o~l'~s ~With~i In~t ~U~, ~qt Project ~A~c~(~-~o~r~d- ~n ~8 ~S~e isl- ~. ~a~g~a~i~n~'~t its ~1~0~1~c~w~t~i~q" ~o ~-~S~u 'he ~t~o ~'~E~l~d~q" e EPA ~. ~n~P~l~o~o~rt reasons ~, ~C~I~t~* ~h~v~e ~f~O~l~- th~e ~Sotter ~I~n~g e~n~v~i~r~o~"~-~, I ~l~e ~C~O ~, ~o~a~r~,~,~I~S~I~1~z~idPr~o ~S ~0t~f ~h I ~iA~1~1~.~@ into ~t~h ~J~e~c State ~1~0~qc~a~l~qe~'~j~L~q"~e~c ~a~n~i~m~e~ld~ed ~e~n~t~a P~a ~o~f~l~i ~e r~o~, e ~A~I~D~O~-~r~-~, Mack ~p~ ~,cargo ~th~a~t~t~h~e ~1~1~.real A~I~v~o~r exist, Motif~?~, -her, P~or~l~atn~e~ar~b~y an ~r~i~) ~S~t~e ~e ~o~"~'~I ~1~); ~or of ~l~3~a~n "`~4~c "~o~u" ~0~4 ~"~e ~8~"~a~"~P~."~t ~(~-~,~U~v~. ~'~n~a~u"~a~r~"' ~k Men~, ~r. ~e~l as ~t.~, and ~@~,~a four -a' I ~-~c~q@ "~P~' ~-d ~Ith ~C~o~i~n~, no ~e~qs ~u~n ~I~S ~n~o Elder~, ~t~o ~' ~-~c~0Q~1~M~ng ~t~t~.~_ ~1~4~"~I~f~o~n have ~o~n~"~r~e~s~s~i~o~q"~, support according I. led letters ~t~o~E~l~d~"~'~e~f~-~a~t ~ag~e~n~c~i~, of ~a p~qW~j~q", Maine, P~qm~q" Herald. Thu~m~d~ay, ~D~e~c~e~m~b~e~t ~3~,198~7 4~6 EPA agahnst cargo port~4ql~0qiermi AUGUSTA (A~qP) - F~qe~q4~qer~qa~ql ~qe~qr~qv~qi~qc~qo~qnm~qe~qn~qt~qs~qt d~qe~qn~ql~qed~q@ but said it Would not Object ~qV those New England division. officials am ~qtec~qom~qm~qe~qn~qc~ql~qi~qn~qg denial of a key grants were used to develop a project at Mack If the p~q@r~qr~qn~qk is ~qapprov~qe~qd~q@ the EPA could, in needed for construction ~qo~qf the Seats ~qr~qi~qs~qk~qs~qt. ~q-~qt~qu~qc~qh ~qi~qs~qon the mainland. effect. appeal to the corps' headquarters in cargo ~8qW~qr~qt~q, but ~qM~qa~qi~qn~qe~q*~q8 ~qI~qr~qa~qn~qa~qp~qor~q"~qt~qi~qo~qn The EPA c~qm~qi~qken~qd~qs that ~qt~qhe construction ~q4t W~qa~qs~qh~qi~qn~qg~qc~qo~qn~q. he said. c~qh~qi~qe~ql said Wednesday he is ~qc~qa~qn~qf~qa~qden~qt the Mack Point, where some working pier% are no EPA ~qt~qu~qo~qk~q)~q5~q@~qu~qe with the ~qer~qiv~qir~qor~6qm~qe~qnt~qa~qi~ql Project will go on as planned~q. already located~q, would present less of a threat ~qi~qm~qpa~qc~qt~q!~qS~qt~qa~qt~qer~qn~qet~q'~qV~qI finding ~qt~qh~q4~qa ~qd~qe~qv~q, loping ~qt~qhe "By no means should there be Any implica- t~qo we~qt~qi~qt~qu~qr~qd~qi~qs and would not take away, as much ~qN~ql~qj~q@k ~qPu~qin~qt ~qi~qi~ql~qm ~qw~qou~qk~qi be more expensive ~qa~qn~qd tion ~qL~qh~qa~qt (the ~qr~qe~qcomm~qe~qn~qd~qat~ql~qo~qi~qs~q) stop$ the wildlife ~qh~qa~qb~qi~qc~qi~ql~qt~q. less efficient, requiring the use of more ~qt~qu~qw ~8qE~68qVec~qt " said ~qT~qra~qn~qsp~qo~qr~qt~qs~qI~q)~qo~qn~q-~qC~qO~qm~qm~qi~qs~qs~qi~qor~qter ~qT~qhe EPA'% comments are not binding, but boats to move ships. ~qf~qt~qc~8q@~qn~qno~qrs~q, they could carry considerable weight in ~qp~qer- Connors, stressing that alternative sizes The Environmental Protection Agency, ~qsUad~qi~qng the corps to deny the permit, ~qaa~qi~qdE~qPA were ~qc~qt~q@~qa~qr~qi~qy ~qs~qw~qd~qi~qe~qd in ~qt~qh~qe ~qenv~qit~qo~qn~qm~qt~qn~8qW commenting on an extensive study on the spokeswoman Elizabeth Higgins~q. impact statement which state and federal environmental ~qImp~qa~qt~q7~qt~qo of the proposed $3~q0~q- ~- ~q)~qi~qo~q_~qa~q@~qe~qr~q, Connors said Wednesday, "I transportation officials wr~qo~qw. d~qe~q@~qcr~qi~qb~qe~qd ~qt~qh~qe million ~qp~qt~qo~qj~qo~qi~qct, recommended ~qth~qs~qt the ~0qW~q5~q. remain ~qopt~qi~qmi~q4t~qi~qc that the corps w~qi~q?~q)~q)~q,~q9~q3u~qe the Mack Point ~qp~qn~qop~qo~qs~qa~ql as "doomed to f~qa~qS~qlu~qr~qe" A~qr~qm~qy~qc~qc~qi~qrp permit Permit, ~q1~q1 ~qc~qert~qi~ql~qy~qi~qng ~8qZ~0qh~qa~qz the project would cause no Whitt ~qt~qh~qe corps ~qh~q4~q4 made It preliminary because it dries ~qn~qot have enough room for unreasonable harm. decision to approve t~qh~qe permit, it ~qh~qa~qs given the ~qa~qn~qt~qi~qc~qi~qp~q4~qte~qd expansion. The ~qa~qg~qe~qn I a recommended that ~q$4.3 EPA ~qa~qn~qd ~q0~q4~q"~qe~qr federal agencies an ~qO~qp~ql~qA~qf~ql~q-~qn~qit~qi~qf Ilia EPA contends that expectations that million ~q1. ~qf~40q2~0qar~qI~qx~qI~2qt' grants for the project be to ~qa~qir their objections before it ~qm~qa~ql~qi~qe~qs a final more port ~qt~qp~qac~qd will ~qb~qo ~qn~qe~qa~qd~qed ~qa~qr~qt decision. said William L~qAw~qi~qe~qs~qs of ~8q!~0q@~qa c~qo a ~qvp~qKu~32q@~qI~q&~qU~qv~qo~q. CAN, ~@~J~j T~)~J ~h~a~s Lin ~P~A ~2q4~6q9 ~0 G~~ I Sun., Fe~7 - 2~ Sears Island:~ lays irk port project proponents, BY Nancy R~ But EPA officials have indicated that while they ~ Of the NEWS Staff don't oppose a port project in Maine, they prefer an-- other site in Penobscot Bay: Mack P~ To be or not ~e relevant question That alternative is not an alternative. ~r~ ~pt ~o the on concerning ~r ~ proponents o~ther the ~ ~ ~~Sears Island, The f~ ~ project, the Sears Island. or it ~ ~ say. ~ h~pv~ f h~e Department of Transport ~n~ stitch of evidence says that Sears Island is ~~ ~ upon a decision in the U.S, Department the place," said Dana Connors, Commissioner of of ~pn~ion. And indications are that Transportation. EPA doesn't ~cility built on the 9~r~Neither the state, the town ~psp~te island Officials there have suggested Mack Point on ~ ~t~expend funds to construct a f~tyon he mainland - site of present port facilities - as an Mack Point," said Grant. That location would cost ~ al~er more to develop. result ~ironmental dam- ~ --- ~~ ~~ The project would include a terminal to handle bulk ~uture expansion, he said, ~ commodities and cargos in containers, berths for ~ The pr~~ port on Sears Island has ~ ~ing the dock- hips, arid a rail line and road% had a stormy his ory~ct, conceived in the ~ ing facility with the mainland over a causeway. early ~~h~ ~~ ~~ ~, who from the governor on down sup- when the Sierra Club filed suit to halt the process ~roject, and local officials are livid that EPA p~ because there had been no environmental impact state- could scuttle M~e to bolster (lie state's e~ ~ed with the EPA. ~providing a ~s~portation lid to One year and $~0~environmental im- M~ba5~ pact statement developed for t~und ~ "We are mad as hell and we aren't going to ~ ~king by the EPA ~1pe it failed to examine alter- J~ anymore," said Donald Grant, town manager of Scars- native locations to Sears Wand. ~~f the M~1pt Council. It took another Year to complete the environmental Sears Island (top), with Mack Point pier, tank farm In foreground ~or~pDOT officials and the Con' impact ~~~satisfaction, State officials. gr~n~ have tried to persuade EPA however, were optimistic last fall when they forwarded officials of [he economic Potential for the port, of its the completed document to ~ would recommend that ~n in federal grants M~C~i~i~~~en of the ~a~ financial feasibility at the island site and of the ~ been a long process and ~ed that for the project be withheld if ~ Island was the site, agency called the pr~ and "strong ~ spread support [hat exists for the project, we have fm~ched this stage," said Robert Elder, EPA is ~ federal agency with concerns sure it will be a success Let's get ~ T~ point to the ~s approved by Maine director of ~n of Ports and Marine Tr~ aboutu r~. ~ EPA's final recommendation o~ct ~ ~~ vo~19~2p3 which ~t of the ~t M~ Fish ~t ~2pa~ Marine used by the U.S. Army Corps of Engineers~ funding for construction of the facility, In December, however, it ~EPA Fisheries Service ~e raised questions about ~ Coast Guard in making decisions on issuing ~~ They point out th~1par~n nature of the support. ~p)~the project preferred Mack Point to site, the construction of a causeway, for ~d for Ile ~ i~e ~oseph Brennan but Sears Island for the cargo port EPA felt so strongly But the Federal Highway Administration has ~ other work required to bring a" ~ rail spur out ~1pac~o~ M~ about that preference that officials t~he~ d~1pDr~. SD~ recent meeting of the to two shipping berths to be c~tru~We ~d, Meanwhile, at Mack Point, things are getting antiq~. d ~ Griffin moderate pace. in an average A~or & Ar~ Coast, officials expert they would "some year's we don't break north woods. Approximately ~~ Year, the Sprague Oil Company of- took Railroad pier, managed by ln~ be an opportunity to take even," and that business has been 240,O~t~ph the pier ~s one hall million tons of dry ~pi~1pim~erators p~1pn~ of Sea rs so poor r~"I thought we last year, said Frazier, SEA RSPORT - While state and cargo and more than I million bar- I ~ New England. the expec- Island, He said such a move would might close ~y~ local officials ~or the rels of oil, tations are ~~ be a boon to ITO's business. Frazier said ~ad~po~ Sprague ~i~d the "We're just hanging by a thread a ~ a g~on Sears Island, the Sprague h been operating its Man g ~ ~ flour for ~~ p~fuel oil for low n~rt across the har- pier and tank storage since ~ his firm is hoping along ~1p,~ here," Frazier said, "if nothing by rail to HOW~1po~ bor at Mack Point, continues to and while company vice president One else that Sears ~ happens with Sears I ton, and haled w~se at shipment b~il t ~ handle its share of cargo traffic. Wesley Hollowell admits "It has d is ~ ~~ M~ills Some of the mills, major utilities and Although most of its piers and had its ups and downs over the proved Frazier said the ITO pier is ture here ill be short. This one goods exported in r~~- ~oal from West Virginia for ~s now outdated an deteriorating and has ~all (pier) is so antiquated that it can't elude n~pf ~ r East, paper mills and ~~~ ~ d years," ~ site continues its dr~ea. Ile said that handle modern ships. Also, there's salt for %inter ice ~v~pl~ unable to handle large dr~ be key ingredient in the comp~ because ITO is the ~ no storage space lumber from ~rn Maine stud salt from the Caribbean, and b~ ~s. business continues at a ~ plans, stevedore company ~e ~ Frazier acknowledged that mills and unfinished logs from the i~emical plants, V a r-+ Hand 7 Focus Yortland's N 0. workin 1@`:4 .4 4, NR-Mn -1 V, waterfront: Mr yr- Plannin 91 growing, 51. c4- g struggling with berthing shortage 4'.-1, 01-j. W DR2,V11v This erial look at the Portland waterfr: Is " - nt In early 1986 confirms that 41 i:@ a number of changes have happened YC since then. The International Ferry "r Terrylinal Is at the top of the photo and Union Wharf Is at the bottom. PORTLAND, ME - Last May, this city's voters part of the wharf i@ being upgraded with new the moratorium, is showing leadership in starting passed a five-year moratorium on non-marine pilings; the process that will make decisions about the waterfront development. By a two-to-one margin, 0 The Harris Co. sold its property at the end of waterfront's future. voters endorsed a citizen-initiated referendum Central Wharf (Chandler's Wharf) and moved 'The moratorium divided people, no doubt,' said extending the city.s marine use only, W-2 zone much of its operation to Outer Congress Street: and Thomas F. Valleau, the city's director of throughout the waterfront. Transportation and Waterfront Facilities. 'One side While the language on the ballot didn't make it a said 'it will strengthen the port,' the other side said pro or con vote on condominiums, that was the Portland This month, Commercial Fisheries 'it will hurt the port.' But it's no good to rehash old issue on which many citizens were making a Focus News takes our usual wintertime took at arguments. The fact is that it's here. The city sees statement. And it was a resounding -no,- no more the industry in Maine, with a its role as making a success of this harbor under condos until we figure out what's going on with special'f.1,1-n9on Portland. Articles that are the moratorium.- development and the waterfront. part of this focus are marked with the 'Portland Valleau, who used to devote much of his Caught up in the referendum issue were Focus' triangle pictured at left. workday to managing the city's airport facilities, is waterfront property owrters who, while not Special Portland features include an update on now spending 95% of his time on waterfront necess@arily favoring more residential development, the waterfront moratorium, which starts on this matters from his new office space in the Marine were concerned that the moratorium would st ymie page. A local vessel provisioner and a seafood Trade Center on the fish pier. Many waterfront waterfront growth. Their arguments came on the export company are also highlighted.' observers look to the city's decision to locate a heels of unsuccessful efforts to ease the restrictions Additionally, lobster-and fishing-related groups senior staff member on the pier as an indication of of the W-2 zone by allowing non-marine tenants in are featured, as well as Maine's growing sea the city's commitment. the upper floors of marme-use buildings. urchin fishery. - Editor Valleau's primary role is to be a sounding board, F@r Portland, the zoning debate had been the place where waterfront ideas come together, He divisive, pitting working waterfront advocates is also responsible for marketing the remaining five against each other. Eight mornths have passed since Holden Seafood has moved its entire operation to parcels that are for lease on the fish pier. Valleau the referendum vote. What has happened to the Maine Wharf and is undergoing expansion. reports directly to the city manager. waterfront since then? Have the issues changed7 Bsid@s that, the International Ferry Terminal is The Portland City Council has created a And most importantly, where do the people stand undergoing repairs, and a 260' concrete subcommittee to study the waterfront and now,7 multipurpose pier is being constructed onto its formulate recommendations for council action. The Physically, the waterfront Is being transformed. eastern end. A $6 million Casco Bay Islands Ferry subcommittee. which has toured the waterfront by Scanning the outline of pien and wharves, there is Terminal is being built on the Maine State Pier. boat and by van since the moratoriom. held a const ruction in progress, new buildings. and new And, there are condo projects and office buildings public hearing on Nov. 18 to get, sugge@tions from boats. Projects by the fishing industry include: pending on the waterfront, permitted prior to the the community on what should be done with the @ Gen al Marine Construction put in a floating moratorium. waterfront. rycloek at Deak' Wharf: c 5 Gowen' Inc. has a new building at the end of City commitrritnt Berthing crunch Berlin Mills Wharf; The phyiical changes are obvious. But answering There is almost unanimou% aKrerment along the - Hobson's Wharf was revitalized by fishing the questions about issues and people's positions waterfront that the shortage of vesel berthing will industry families, -a project that included a new and attitudes is complicated. The waterfront put a pinch on fishing industry growth. The port building and created fishing vessel berthing space: appears thriving, business turnover appears nb already has to juggle and jockev to accommodate ABBA North America built a fresh fish greater than before the moratorium. There is still the current fleet when a good storm blows Istribution facility on the Portland Fish Pier, no solution to the shortage of fishing vessel everyone home. joining Vessel Services, Inc., the Marine Trade berthing space. Charles Redman, president of the Portland Fish Center, and the fresh fish display auction, all When the moratorium passed, no one was in Exchange's board of directors. told city councillors already operating on the city pier: favor of simply letting the waterfront sit idle, with of the exchange's need for additional berthing at Union Wharf has a new building that houses no planning or policy-making, for the next five the waterfront hearing. Redman had two specific ;rown Ship Chandlery and other businesses. and years. The city, though on record as opposed to continued on next page 50 ~0 ~r~e ~t~k~@~u ~'~r~t~s ~'~o~, to e~l~ls~q@ ~i~n~@~o ~r~i~l~o ~@~,~s~h ~i~8qf ~_~q@ ~".~8q5~, ~" ~.~re ~,~. ~n~o~t ~w~,~te~r~n ~t~e ~1~1~1~1~1~0" ~n a ~w ~a~t~,~, ~h ~"~'~n ~V~j~a~n~. ~'~O~r ~h~e skate ~1~0~@~l~k ~m ~b~- of ~p~f~o~t~e~4~c I., ~5~t~a ~C~o ~s~u~a~t~0q4~qr ~n~i~s~. ~'~a ~J~b~j~ql~@~S~, ~k~q" ~0. land ~"~c~" ~'~qy ~a~n~a ~,~.~,e ~'~. _~t ~, ~" ~- ~a~n~r ~r~n. ~@e~, of ~u~r~l ~X~d e ~1~1~q@~6q@~' ~qa~qn~c' ~m~a~,~qe~0q@ ~t~o "a' ~"~l~o~t ~:e ~-~1 `~e~'~@~o re ~k~, ~,~,~d~a~t~"" ~a~s~s~i,~1~3~"~c~e ~,~q!~f~0qZ~n~g ~a~?~e~C~1~qc~1~'~q:~,~,~x~te~qr~q@ ~j~.~"~J~"~I~n~g~, ~0 ~c~i~v~, ~"~'~s ~r ~n~qa~. ~0 ~k~d ~t~o~, ~9 ~8q%~M ~i~. ~qK~s~"~I a ~,e ~n" ~5 ~t~1~f~l~8qW~qi ~2qo~t~l~5~qt ~, ~o~i~l ~?to~" ~a~c~q ~1~,~0~0~1 ~e~n~l~@~r~l~l ~r~d~.~r~4~r~r~k COMO ~n~, ~a~l~'~o~n Must c~o~,r~i~t ~@~n~g~ ~a~t~t~!~,~j~"~n~t~. ~c~i~qa~qi-~@~" ~C. ~s~qte~qY ~'o~, ~i~t~y~@ ~1.~11 ~qo -on ~b~-~k~i~"~I~"~'~h~"e~' ~c~o ~c~o ~8q@~?~, ~w a ~k~qe risk~, ~.,,~,~q@~u~n ~5~u~t ~a~c ~'~0~1 t~.~' ~b, ~he a ~I~n~t~e a no ~i~.~, ~- ~-~qo~q"~a~p ~q"~"~,_~C ~J~.~"~y ~e~X~.~'e e ~'~? ~r~n~o~le~l ~n~y~, ~10 ~,~s~. ~t~a ~ke ills ~d ~o~qtec~qt ~v~4~0~T ~@,~t~u~,e~. ~n~1~a~n~-~Ze ~q@~qree~a ~1~q@~,`~qr~qi~qr~qa~ ~,~t~s ~qg~o~m~, t~h~e~q@~j ~@~,~S~t~q!~q@~,~n ~S~, ~~q" stake I ~qV~t ~o~f~t~qt won ~o~se~t~, ~. ~,~,~i~,~,~.~,e ~P~i~r~t~z ~o~o~r~d~'~i~n~a~n~c ~*~1~1~1~1~q@ ~'~t~o~? ~n ~e ~h~a ~2~1 "a ~h~'~e~.~, ~i~e~" to ~'~1~' ~"~r c) ~5~,~t a. and ~8qW~a~qte~l ~@A~I~E .-the ~0~1~@~,~)~qa~q"~"~h~c~i~q ~5~e~- ~c~i ~'~o ~o~f ~q0 ~i~o ~1~,e~c 'a a ~qT~,~3~1~1~' ~'~i~, ~i~x~e~2qp to ~i~e~q!~0q% ~v~l~t~i~qv~l~@~o~r` ~I~q:~O~P~@~e ~w~'e, Or ~'~,~d ~s~h~o~re~l~a~t~, ~?~,~Q~C~Y~,~? ~qk~P~L~1~.~@~V~1~.~k~c~X~1~A~'~- Dec ~- ~? ~, ~le~.~1~, ~'~r~i~r~o~,~t~s) a ~a~v~qA~e ~X ~n ~e a ~C~q"~q; ~3 Vine~, ~e~s~@~1~?~1~1~1 a~t~q%~4 ~a~a~ke ~i~o~r to ~h ~re 0~0 to a ~q""~o~" ~ie~ce ~O~@ ~e ,Of ~W ~d~,~a~y~j ~b~Y~qk`~@~r be ~se~qr,~"~q'~, ~i~q@~p~- b~1~1~2q4 ~c~'~, ~je an,, ~8qV~qa~tce~'~l~ql~a~l~o~-~qk~@~o~m~r~n ~qn~q"t" ~qZ~@~I~n~& ~X~o~, ~C~, ~'~c~'~e~c~, ~h~, ~h~e~'~, t~, ~0~, ~W~,~0~qJ~@~,~qo~qt`e~q?~,~?~1~1e~y~'t ~'~q@~-~b~b~y ~.~0 ~?~@~,~e~l ~e ~,~, ~"~t~r~e -~N~e'~ql~l~t~t ~'~o~r ~qs~qh~q"~'~.~" ~w~he~@~l ~t~o ~?~,~@~c~e create ~a ~'~U~@~,~,~'~@~b~'~u ~e ~t~o, ~t~h~e ~o~t ~t~o ~C~o~n~,~r~n~c~l~l~@~'~X ~',~q@e~qs~l~t~. ~,~,~ne ~v ~t ~c~0qv~)~qe ~r~o~n~t~, a ~1~0~" ~'~1~- an, e~l ~q"~c~' ~,~,~,e~$ ~c ~@e,e~n~l~, ~2q@~i~lc~r~'~j~,~'~O~n~,~. ~,~c~"~a~'~,~s ~l~o ~e~v~, ~n~a~I ~a~, e~v~i ~b~o ~s~9o, ~'~e~s~c~u~e. ~l~i~s~b~o~v a ~.~1 ~hto lone ~h~e ~s~? the 'The ~@~1~3~1~b,~,~f~o~,~4 ~9~,~0~1.~,~c~t~i~n~s ~S~C r,0~P~AME~RC~IAL FISHERIES NEWS, JA~qN~qU~A~RY~'~1~9~qM berthing recommendations: build a ~q@m~j~e~ct) in cooperation with the city.' Tom Valleau'~s vision is clear. 'Mine ne~w finger pier ~o~ff the fish flier ~l~l~@~i~fic,~i~l~ly~, Ferl~and ~s~.~aid that the task is of a busy, prosperous, thriving Portlander~s: City complex or gain access to the Naval force wants help in data gathering, harbor,' he said, 'with more vessel Reserve Center pier. and in bringing out into the open traffic at the In~t~em~a~tional Ferr~/ wants waterfront Marine a~t~tomey Ed Bradley said at pertinent public policy questions and Terminal and with fish landings the hearing that access to the Navy solutions. rising. I we the port of Portland budget comments pie, w~a~s possible, 'We could get it as Keep he Port in Portland, a being a pace~-~s~e~t~,~er in he commercial Citizen's ~,r=~.~Ih~ati campaigned hard fishing industry, and we've got to pC~)RT~LAN~D~. ME - It is budget-- a community,' he ~@icl. I believe that to ~g~et th~e or um passed, has stay innovative.' setting time in Portland, and one top could be done. Unless we have more berthing, we're going to cap the proposed short- and long-term Karen Sanford, 'head of Keep the official would like to ~see the city development of this ~inclus~try.- strategies for waterfront development Port in Portland, said everyone has allocate almost ~$1 million for the The Waterfront Task Force of the under the marine-only stipulation. done enough talking. 'Now there is waterfront, primarily in pier work. Portland Community Chamber of One idea is for a -berthing clearing o~nly one thing left to do ... roll up our e~0qZ~q ts are being made by Commerce was reactivated last house," which would coordinate the sleeves and start c~li~gging.' Th~8qa Vu~6qf~l~l~e~au~, Portland's Director summer to work on a berthing plan rental o~f tie-up space between boats How quickly and determinedly of Transportation and Waterfront for the harbor. The 1~3~-memb~er without ~b~,~,rth~s and vessels that are people start that digging will decide F~aci~l iti~e~s. V~a~lle~au is making separate out fishing. ~t~h~e progress of waterfront changes requests t~o the city's capital and standing committee is chaired by John -When people say we need more and policy-making. But the people operating budgets. Ferl~and and includes the following ~be~r~lh~i~ng~. they mean we need more involved are moving ahead; and so is familiar waterfront advocates: ~Unda low-cost berthing.' said Val[ ~"T'h~e the city itself. From the capital budget, Va~l~le~au is ~a~lz~an~o~, Charlie P~q.le, Vicki ~e~au~. Ed Bradley, who opro~sed the requesting ~$700~,0~0~0 to construct a Hopkins, Sam Davidson, Avis cost of berthing in the port-of 4oo~qr~q,~qfin~qg~qer pier at the Portland Fish < Portland has gone up considerably in moratorium because o its potential flier something which be calls a ~q' ~6q= I a ~L~q,~qe~q.~q@itt, and Arthur Odlin. the ast few years, but not enough to negative economic effect, admitted, 'utilitarian pier, nothing fancy.' The ~q. 'Right now we're in a project (economically) support new ~q-~qI~q'~qve thought a lot about the pier is intended to provide additional u~qJ fo~8qmu~qla~qtion stage,' explained F~qerland ~q' waterfront since M~qay.~q' He ~qU. 'We're trying to get our berthing plan construction. Berthing is a question of commercial fish bc~qi~qa~qt berthing. down on paper, determine the dollars and cents.- emphasized the crucial role the city But berthing is just the beginning. plays on the waterfront. The proposal for the city's direction of the project." Some are calling for the development -Number one, you regulate it,' he operating budget includes: At the waterfront hearing, Fe~qr~ql~qa~qnd of a Port Authority, others are told council members at the ~q- 5~q100,000 to assist private pier told city council ~qsub~qcom ~qm~qi~qtt~qe~qe puhing for better marketing of th~qe waterfront hearing. "And number owners with repair work and pier ~qV~q) members~q, 'We want to do (the waterfront. Property owners are two, you're the biggest landowner upgrading; ~qu~ql asking for ~qt~qa~q@x relief or incentiv~q- for down there. You have created ~q- $~q100~q,000 to conduct dredging work cc marine-only buildings and piers. something. You are the stewards of around the Portland Fish Pier and ~qI~qX~q" Ev~qe=has his own vision of it. It's very important that International Ferry Terminal sites; to Por working waterfront. appropriate marine projects be ~q- $20,000 to involve the ci~qt~2qr in trade ~qL~q-~qL What's encouraging is that parts of encouraged.' shows, some of which wou d be fish -~q1 these individual visions are starting t~qo shows; ~q.~q5 Janice M. Plante ~q$20~q,000 for general port m~q-~qh~q. ~qM :dv~qertising; and S20,000 to prepare a Port Book, primarily targeted toward ocean ~q0 c~qar~qRo vessels. 51 ~0 Workshop Participants Told' quality of life that is the essence of discussed in a panel comprised of Maine's attractiveness. ~- Rep. Sally Rice ~(R~-Stoningto~n~); ~6qM~,a~qi~2qh~4qie's Coastal~-T~8qo~8qv~6qm Sherry Hanson of the State's Katrina Van D~u~sen, State Planning "Ten yea ~2qS Office of Community Development; Jennings, _~4q0 Office planner; Pat ment was ~qA~A~I~J Eastern Mid-Coast Regional ~A~C lion Philips of ~Lhe nonprofit venture ~ Ne~w Eng pit~a~l firm of Coastal Enterprises, Planning director; and Rich ~Baker~of e~emed a Inc.; and Jay Espy of the nonpro~[i t~he State Department of Environ- ~8 Must Conf~qi~8qr ~6qO~'~4qnt Dev lop c~a Interests ~qV e e~8q1~8q0 Maine Coast Heritage Trust, all mental Protection. ~ni~ent~q," Br discussed fundrai~sin~g techniques and During the first panel discussion of "I believ opportunities. t~he afternoon ~tth~e morning session r~eco~h~miz~qe l~i~e~gul~a~tory approaches to pro- was devoted to general sp~e he~s~). d-l.~qj-~qt~q,~q, To Preserve Way of Life, ~t~ect~i~ng working w~at~erfio~n~ts were Edward A. Blac~k~i~n~ore of Sto~qn~qi~qo~g~to~n. to bear By Arthur B. Layton Jr. point during the all-day conference, State~,~.~accord~ing to Philip W. Conk- Participants at a Protecting D~e~lo~g~i~t -id that State ~agen~ci e~s from ling, executive director of the Rack- Working Waterfronts Workshop [it t~he ~j~oh~n~ini~str~a~t~tion of Gov. Kenneth land-based Island Institute which .Rockport on Tuesday were told that M~. Curtis onward, have had an sponsoredtlie conference, and municipalities that shy away from inability to say "no" to almost any George J. Pu~f~t~, senior editor of the supplied the group with a saying, independence. self-reliance, and s litigation with developers are playing proposal for deve~lop~ir~d~ent~. Institute's magazine [stand Journal. "Talk's cheap. Rum costs money," privacy of both person and property s a loser's game. that many of the participants began that made it difficult to recognize the "You can't back away from a legal usingas a slogan. need to plan ahead for development b tight and you can't look for the State ~B~la~ck~inor~e. president of ~t~h~e Maine and prepare ourselves to manage our y to pick up the tab all of the time " "When the last baithouse; lobster dealer,' or, ~Lobstermen~'s Association, told the resources. ~q. 0 Orlando D~elogu~, a University ~o~f boaty~ardin a town like Fre~nchboro sells outfor group how S~t~anington had put itself "Whatever the case, we find our- d Maine ~l~aw School professor and one a pot of gold offered bya developer, the char~ac- in position to successfully request a selves in the uncomfortable position of the lenders of Portland's Working fish pier from t~he State. T~he Town of having to be reactive rather than Waterfront Coalition, told the ter of that town begins to change immediately. was successful in getting ~t~h~e pier pr~o~a~ct~ive. In such instances mora- conference. Its ~8~0 participants had because it ~h~ad been putting money ~toriu~ms often seem to be our only gathered at the S~a~i~n~os~e~t Resort to "William Brennan, Ma~In~6 Department of aside for its acquisition in antic~ip~a- recourse and indeed, C~a~stine a~nd ~m~ap a strategy to keep ~t~he State's Marine Resources commissioner tion of ~t~he suc~ce~sful passage ~o~f several communities throughout t working waterfronts working. I a State bond issue, for pier con.- Maine have utilized this interim D~elog~i~s wa~s one of the keynote ~struction. solution often. speakers. Additional meetings are antici- ~Delog~u made his remarks toward B~lac~kmore told the audience that "As commissioner of the Depart- As the day wore on, State pated t~h~is winter and next spring In the end of Tuesday's session, after planning without financial commit- me~nt of Marine Resources. I am government was faulted repeatedly an effort to bring about a ground J~osle Qu~intrell of the St~Ate'~s m~ent lacks substance. lie then charged with managing a myriad of for what wa~s perceived by workshop swell of citizen resistance to develop- Department of Economic and Com- quoted -his fisherman grandfather fisheries of importance to the State participants as Its lack of leadership m~ent that thre~a~f~e~ns to destroy ~t~ra~d~i~- muni~ty Development. had told the about, "Talk's cheap. Rum costs of Maine. For this reason, I have a in protecting coastal areas. At one tio~n~a~l maritime occupations in the group that the po~i~sit~ill~ity of money ~.~1~1 very parochial view of coastal establishing a common legal defense Blac~kmore was on a panel with development. To ~me, the single most fund for municipalities was being ~D~elogu Tom Morrison of the Bureau important issue facing the working considered by the State. of P~0qZlic Lands, and William F. wat~ermen and women in this State is Warming to h~i~s Initial remark, Brennan, State Department of the loss of access to our valuable D~el~ogu continued~. "You can't afford Marine Resources c~orn~ini~s~sio~ner~. marine resources. not to face down t~he Patten Corps. Br~en~n~a~@, who had been one of the "Our fishing industry represents a and Vie Liberty Groups who don't ~f~f~lor~ning~'~s~,key~r~i~bte speakers, had told key component of t~h~is State's care a damn about how they affect the group before lunch about leaving economy and. as you well know, is ~, ~stin~e where he was reared ~, the quality of your life. You have to Ca 10 ~t~he lifeblood of coastal com~mu~t~titie~qs raise the money. Yo~u have to put the years a~t~qi~o to enter t~he w~o~t k~u ~ig world. money where your mouth Is. Ul~ti~. T~hen Brennan said, ~"~T~he town I m~at~e~l~y you have to say that If t~h~is grew up in had ~no bars ~a~t* restaur- town Is worth saving. t~hen it's worth ants. It did have a grocery store. a buying. har~t~i~t~t are store, two gas stations, a "We're a poor state, but we're not dime store, two real estate offices, that poorIhat we have to cave In," and a ~li~s~h~ling fleet. The only growth ~T~)~c~l~ogu continued. ~His remarks wer~i issue per ~se w~as the expansion of Lh~e ~p"~a~m~p~t~e~d in part by an earlier Maine Maritime Academy. audience comment that P~at~t~a~k "Today, C~a~st~ine has no fishing 'Corporation Is suing a r~ar~u~d~iL~t~ow~n ~i~t fleet, but it does have six real estate southwestern Maine f~or $4 million In offices, seven bars and restaurants, an attempt to force it to rescind a three inns, a mini-mail, a couple of town planning decision. gift shops, the gas stations, a grocery Henry (flank) Taft III moderated store~'the hardware ~st~dr~e, and a dr-ug a panel discussion in which Douglas store. All ~t~his plus a golf course, Wheeler of the Conservation Found~a- Maine Maritime Academy and ti~on i~n Washington read off a list of hundreds of houses on a peninsula (if federal agencies, Including t~he land that is little more than ~3~,~O~W National Endowment for the Arts. yards wide by 2~,~0~00 yards long. from which communities may obtain "Expansion of t~he Academy~'s money to defend th~e~i~t way of life. ~P~1~15 ~S~IC~a~l plant ~1~5 n~o ~1~0~1~1~t~@~f~f ar~t issue. Taft suggested collecting user fees. The growth issue today is the same particularly front tourists entering ~8~, ~t~hat being grappled with in t~h~e State ~- that could be used to ~C~off~u~nU~r~d Lies a~l~l along Maine's coast. acquire waterfront property anti ~f~or I believe that it is extremely t~in~i~dy community legal battles. 'raft said that we meet today to discuss that fishing and fishermen are not strategies and approaches to just an Industry concern, but t~he protecting our working ~%~at~erf~fu~nts~. concern of t~he entire State. lie said And I applaud t~h~e Island Institute ~f~or t~h~e State's fishermen have created a bringing us ~to~g~e~t~h~e~i t~o address this issue. 6. Coas@-al Access Activities This past year, SPO coastal program staff ass- access-related programs within Maine government and cai- its own agenda of special projects including a study of puL,- access planning, regulatory approaches and liability considerations, and an assessment of coastal water-dependent commercial uses. A new public access agenda to help expand and enhance public access opportunities along the Maine coast also was prepared, as outlined below. Coastal Program staff will be actively involved with programs which affect public access, including the Land for Maine's Future Fund, the administration's current Growth Management Initiative, the proposed Maine Advisory Commission on Outdoor Recreation, and access-related activities carried out under the federal Land and Water Conservation Fund, the Maine Public Facilities for Boating Program, and Wallop-Breaux Fish and Wildlife Funds. The staff will prepare a coastal access needs assessment this spring to provide a basis for upcoming-access acquisi id-h- strateg'ies. The needs assessment will be built upon existing studies, plans and reports and refined through public participation activities this summer. It will identify: 1) demand for access sites within geographical sections of the entire coastal area; 2) areas along the coast where these demands are or are not met; and 3) areas or points on the coast where public access opportunities can be meaningfully expanded. In cooperation with DECD, BPR and others, Coastal Program staff will continue its current project to complete a set of public access handbooks. These handbooks will condense current studies and reports into useful acquisition, protection and development guidelines for land use planners and managers. They will identify tools currently used to improve and acquire public access opportunities and discuss how these tools can be used to maximize opportunities gained through limited acquisition resources. 7. Permit Procedure Simplification Nothing further to report this period. 8. Activities to Protect or Restore Historic, Cultural or Aesthetic Resources, or Redevelop Deteriorati Waterfronts & Ports See Task 2. 9. New Memoranda of Understanding Refer to individual work task reports. 53 io. Report on the Feder-al Consistencv Review Process IN Coordination Activities See Task 3.A. 11. Public Awareness Activities See Task 4.B.2. i2. New Publications Report See individual work task reports. 13. Changes to Coastal Zone Boundaries & Management Authority As of the end of the reporting period OCRM's comments were being awaited on a draft routine program implementation (RPI) package and supplemental analysis submitted last July and September, respectively. 14. Changes in Strengthening the Managementof Coastal Resources None to report this period, though numerous issues with coastal management implications are under discussion in the current legislative session. 15. Major Coastal Issues & State Role See first part of this report on "Coastal Issues & Accomplishments." 16. Sub-awards to Minority or Female-owned Businesses Information not available. progress.40 54 17. STATE PLANNING OFFICE ORGANIZATION CHART SPO Director, Clerk Steno III- Special Assistant Economic Policy Div. Natural Resource Policy Div. Management Information Div. State Economist' Director, Senior Economist' Coastal Program Critical Areas Program Busin Senior Planner Program Director" Program Director" AcC't Senior Planner' Senior Planner (OCS/Consistency/ Research Assistant's Clerk Senior Planner" Special Projects)" Temp. Clerk" Senior Planner'' Planner II (Admin./Spec. Projs)16 Systems Analyst" Planner II (Heritage Coastal Prog.)" Wetlands Project Clerk/Steno A Planner II (Access Initiative)" SCORP/DOC Project Pos.89 Planner II (Coastal Communications)" Clerk/Steno III AO Groundwater Program Clerk/Steno III" State'Groundwater Coord.21 Hydropover Program State Hydropover Coord.01 Economic Policy Staff Coastal Program Staff Other Nat. Res. Staff qIR Steve Adams "David Keeley "Hank Tyler 2 D &Galen Rose 13 Katrina VanDusen "Trish DeHand 3N Richard Shervood AIR. G. Blakealey "Betty Cummings C 14Harold Payson "Richard Kelly 83(Vacant) J -Joyce Benson "Mark Davaon "Paul Dutram L '&Bob Mayer Flis Schauffler Betsy Elder Barbara Macomber Aline LaChance :83 *'Lorraine Lessard :ES 1. Complaints, Inspections, and Enforcement Actions A. D.E.P. Complaints in the coastal areas STATE OF MAINE November 87-Januaray 88. Status Downeast Central Sout 'a Department of Environmental Protection Resolved 10 7 5 MAIN OFFICE RAY BUILDING HOSPITAL STREET AUGUSTA Pending 12 15 37 MAIL ADDRESS State1U- Station 17 Augusta 04333 Deadfile 4 8 45 207 289 7600 JOHN R MCKERHAM. JR DEAN . MARRIOTT GOVERNOR COMMISSIONER Total 26 30 87 B. DEP Compliance inspections and enforcement act MEMORANDUM November 87-January 88 Regics /Statute Compliance Consent Agreements TO: Robert Blakesley, State Planning Office Downe tt inspections Attempted as FROM: Paul& Clark, Director, Bureau of Land Quality Control Department of Site 2 Environmental Protection Wetlands 0 1 Solid Waste 3 0 DATE. March 28, 1988 Centrals Coastal Zone Management Quarterly Report November 1. 1987 January 31, Site 0 0 1988 Wetlands 10 2 Solid Waste 2 1 Southern Attached is the second quarterly report submitted under the 1987-88 Site 2 4 memorandum of understanding, and consists of the followings Wetlands 0 2 Solid Waste 2 2 1 Quarterly tabulation of complaints, compliance inspections, enforcement Total Coastal actions, and permit applications in the coastal areas Site 4 6 Il Quarterly list showing the status of consent agreements; Wetlands 10 5 Soli dWaste 7 3 III Quarterly narrative of major applications, enforcement activities, Total 21 14 problems, issues, and accomplishments; C. D.E.P. permit applications in the coastal areas IV Quarterly report on federal consistency review and coordination November 87- January 88 activities; Law/Type Downeast Central Sout V Quarterly report on changes in statutes,m rules and regulations; Coastal Wetlands 10 14 1 Sand Dunes 0 0 2 VI Quarterly report on the Shoreland Zoning Law; Great Ponds 0 0 Stream Alteration 4 3 VII Quarterly report on efforts to improve administration of core laws and Fresh Water Wetland 0 0 to secure state funding; Site I I I The accounting of expenditures and state match for October 1. 1986 through Mining September 30, 1987 has previously been submitted to your office. Industry Commercial 5 3 Residential 5 2 Solid Waste 6 1 Other -- -- Total 31 24 NMI SEMI I MINE NOW 10 12112q01 2qM Molt, MINE 10. J. Grant Burke Trust - Bristol 11. Status of Consent Agreements and A.G. Referrals Site Law; Subdivision A. D.E.P. consent agreements resolvedt 11. John McConchie - St. George November 87-January 88 Coastal Wetlands Law 1. Ocean Products. Inc - East Machias 12. Boynton Associates - St. George Protection and Improvement of Waters, Section 413 Coastal Wetlands Law 2. Dunstan Williams - Wells 13. Town of St. George - St. George Coastal Wetlands Law Solid Waste Law 3. Bruce Publicover - Wells 14. Richard Stearns - Lincolnville Coastal Wetlands Law Stream Alteration Law 4. Michael Coggeshall - Wells 15. Robert Rosenthal and Bo-Ed Inc.- Brunswick Solid Waste Laws Site Location Law 5. Louis Farrah - York 16. Rebecca Frost, John Furbush, Morritt Shapleigh, Jr Freshwater Wetlands Law Eliot Site Law 6. David B. Bean and David G. Gleason Topsham Stream Alteration Law 17. Khury Wernshank, Inc. - Cape Elizabeth Site Law B. D.E.P. Consent Agreements Pending November 87-January 88 18. John P. Martin - Saco Coastal Wetlands Law 1. Town of Perry - Pirr'y Solid Waste Low 19. Richard Cativ - Scarborough Coastal Wetlands Law 2. City of Calais - Calais Solid Waste Law 20. Town of Scarborough - Scarborough Coastal Wetlands Law 3. Lawrence Stanley - Swan's Island Coastal Wetlands Law Town of Scarborough - Scarborough Solid Waste laws 4. Unlimited Property Service - Bangor Site Location Law 22. Lucien Thibault - Harpswell Coastal Wetlands Law 5. H.E. Sargent - Bangor Site Location Law 23. Frame Thomas - Wells Stream Alteration Law 6. Chandler and Sue Duffy - Blue Hill Coastal Wetlands Law 24. Consolidated Excavators - Old Orchard Stream Alteration Law 7. Mill Cove Associates - Boothbay Harbor Coastal Wetlands Law 25. Robert Levesque - South Berwick Solid Waste Law 8. Town of Boothbay Boothbay Solid Waste Law 26. Maine Energy Recovery Co. And General Electric - Biddeford 9. City of Belfast Belfast Solid Waste and Site Laws Solid Waste Law Ill. Narrative of major applications, enforcement activities, problems, 27. Stanley Douglas issues, and accomplishments. Solid Waste Laws A. Significant permit applications in the coastal zone November 87- 28. Peter Complin and Co. York January 88. Site Law I.Sandy Ridge Subdivision, Brunswick, 29. Harbor Corporation York Site Law Sandy Ridge Partnership is proposing an 96.3 acre commercial and residential :ubdivisionson Thomas Point Road, Brunswick. The ptoject 30. Harbor Corporation York includes 12 xisting re idential lots, 23 additional residential lots, and Site Law 5 commercial lots. Water supply will be met by on site wells and public water. Wastewater disposal will be accomplished by Individtial oystems as 31. Michael Frenette - Old Orchard well as an offsite municipal treatment plant. Solid Waste Law Because the project is partially located over a mapped sand and gravel 32. Joan McEwen Falmouth aquifer, concerns have been raised about impacts to groundwater. A Solid Waste Law hydrogeological study has been prepared and is currently under review. Concerns have also been raised about impacts to local traffic and possible 33. Reginald Cain - Arundel archeological resources. Studies are currently being done on these issues. Solid Waste Law A decision on the project Is expected in September. 34. G. Stephan Minsudo Eliot Coastal Wetlands Law 2.Fore Run Transportation Park 35. David Ginter- Phippsburg In an order dated 3/10/08. Portland Cargo Associates received approval Coastal Wetlands Law under the Site Location Act to develop a 6 lot industrial park along the OD easterly shoreline of the Fore River in Portland. The approved park 36. Roundwood Associates - Scarborough occupies a 78.8 acre parcel of land extended from the U.S. Route crossing White Brothers. Inc. of the Fore River to the 1-295 crossing. The primary issues associated Site Location Law with this project were its impact on Scenic character; its impact on nearby congested intersections and the ability of these intersections to handle C. D.E.P. referrals to the Attorney General: traffic generated by the park; and existing areas of groundwater November 87- January 88 contamination within the project site. The existing contamination is a result of disposal activities by former tenants of the property. None 3.Long Wharf/Fisherman's Wharf, Portland Proposal is for a mixed use (residential, office retail, parkinK, renovated marina) development on 2 wharve's of the Portland waterfront. and on land adjacent to these wharves in the Old Port section of Portland. Most signifigant unresolved issue is this development's visual compatibility with the area, and its consistency with and respect for the limited, valued waterfront views which exist in this port of Portland. 4.City of Rockland Transfer Station, Rockland The City proposes to develop and operate a Transfer Station tor the transfer of 6000 tons of municipal solid waste annually. The Station will include an operation building, two stationary compactors, and tnree transfer trailers. By establishing the transfer Station the city will be closing out the town landfill which is located In an old quai-ry.Other waste to be handled by the transfer station will be tfies white goods and construction and demolition debris. The solid waste to be iocinerated will be trucked to Orrington to the Penobscot.Energy Recovery Company facility. 8.Shawen Associates, Rockland Harbor 5.Atlantic Condominium Development Corporation. Thirty Unit Condominium, Old Orchard Applicant proposed to fill in 1.7 acres of intertidal area for boat storage and for the operation of a 40 ton travel lift in conjunction ith a The applicant proposed to construct an 8-story, 93' by 64', 30 unit proposed marina. At this time the project is out to review. The most condominium structure with outdoor patio, swimming pool, parking,drive and significant issue in this case is whether the intertidal area should be walkway areas, ocean side of East Grande Avenue, in Old Orchard Beach. A sacrificed for a proposed use that is not strictly marine related, and is 120* by 60, by 3' high dune would also be constructed seaward of the speculative in nature; furthermore, alternatives may exist that the project. applicant has not addressed. The building would be set on driven steel pilings and first floor elevation 9.Wharf Area, Damariscotts is proposed at 19.0 feet, or 10 feet above the base parking level grade. The mean high water mark of the Atlantic Ocean would be located Proposed wharf over the Damariscotta River (timber, pile suprotted). pproximately 390' from the swimming pool and 460' from the building. Structure would be used for construction of residential and btifilt,ess space (non-water dependent uses). A timber ramp and float will be attached. :nvirorLmental Concerns: The proposed structure would be located in what Reduction in intertidal productivity due to shading by the wharf. presently is a no flood, C-Zone as mapped by F.E.M.A., whereas the proposed Interference with navigationfrecreation in the river channel. Drafted dune and elevated walkway would be located in what is presently a B-Zone. denial, waiting for applicants response. Comments: The Board determined, on December 15. 1987, that the present B. Major Enforcement action (narrative description) version of the Atlantic Condominium project was significantly different November 87 - January 88 from a previous submission (project IL-014102-04-A-N) and should be reviewed as a new application. Review is currently underway by the Maine 1. city of Calais - Calais Geological Survey, the Department of Inland Fish and Wildlife, Marine Negotiations between the City of Calais and the Department are Resources, Town of Old Orchard. the State Planning Office, and Maine continuing. The consent agreement is a joint effort between the Water Audubon. and Land Bureaus and was drafted to resolve violation at the city's U1 landfill and wastewater treatment facility. t.0 6.General Properties Inc., Harborside Condo's and Marina. 2. Chandler and Sue Duffy - Blue Hill The project consists of 58 residential units and a 250 slip marina with andler and Sue Duffy caused fill to be placed in Blue Hill Harbor araoc inted chandlery facilities and parking on 7 acres on Front St. in adjacent to Mill Stream in order to construct an apartment house from South Portland major issues include common scheme of development with a an existing plumbing shop. (The plumbing shop had been located on neighboring project, permanent slips in a Federal Anchorage, hazardous Cribwork.) No Coastal Wetlands application was filed prioL to waste from previous property owner, and traffic. construction. The Duffy's "after-the-fact" Coastal Wetlands application was denied. A consent agreement has been drafted; it The project is still under review. Major changes in the developers plans requires, in part, that the fill placed beyond the original cribwork are anticipated. boundary be removed. Coastal Zone Projects 3. Donald Hall - Phippsburn .As ordered by Superior Court judge, Carl 0. Bradford, In September 7.Sizzco and CMI Sizzler Restaurant, South Portland 1987, the Halls removed their cottage from the sand duties on December Permit issued 12131/87 15. The cottage had been constructed in 1982 without proper permits und@r the Coastal Wetlands Law. The removal ended years of Court 3.8 acres site developed into a 150 bedroom motel and a 200 seat battles reaching the Maine Supreme Court twice. restaurant. Significant issues - Traffic poor level of service directly in front of the site. Conditions of permit identify needed improvements and require said improvements to be in place prior to use of the restaurant. Coastal Zone Projects V. Changes in statutes, rules, and regulations IV. FEDERAL CONSISTENCY REVIEW AND COOPERATION ACTIVITIES: November 87-January 88 11/4/B7 All-day meeting (*N.E.D. Futures') with the U.S. Army Corps of The only changes in the core laws and related rules and regt0ations were in Engineers at their Headquarters in Waltham, KA to discuss the means the Coastal Sand Dune Rules, Chapter 355, pursuant to 38 M.R.S.A., Sections to better communication and coordination on Federal Assistance 471-478. The Coastal Sand Dune Rules were revised for the f@)llowing Projects, especially in the Coastal Zone. The Maine Department of reasonst 1) . to increase restrictions on the location, size and density of Environmental Protection was represented by: David Dominie (Director development activities in order to prevent future flood hazards and of the Division of Licensing and Review, Bureau of Land Quality interferences with sand supply and movement due to sea level rise and .Control). William Laflamme (Federal Consistency Coordinator) and shoreline retreat; 2) to ease restrictions on development activities which Philip Garwood (Federal Consistency Reviewer). have no significant environmental effect; and 3) to increase the clarity of the rules. 1115/87 Discussion between Thomas Walker. US Navy representative, and Philip Garwood, D.E.P., concerning the expected Federal Consistency Specific changes includedi Determination by the navy on the Portsmouth Naval Shipyard marina on Seavey Island in Kittery Maine. A. The format of the rules was modified to improve their clarity. These changes included adding a table of contents and moving the definition of 1/14188 Federal Consistency meeting at the Maine State Planing Office to terms to Section 1. The organization of the Standards section was also discuss a number of upcoming U.S. Army Corps of Engineers projects modified. The sub-section on structures was divided into paragraphs on within Maine*s Coastal Zone. D.E.P. was represented by William 'All Structures", 'New Structures" and 'Reconstruction or Replacement LaFlamme and Philip Garwood. Structures". In addition, certain notes were deleted which had been more confusing than helpful in understanding the purpose of the rules. These 1/15188- changes were in response to comments that the meaning of the rules is often 1/28188 Approximately 20 telephone conversations between Philip Garwood of unclear, particularly in regard to the standards for structuted. DEP and fishermen, State of Maine officials and U.S. Army Corps of Engineers staff to explore a potential impact to a marine resource B. Definitions were added for B-zone, Back Dunes, Development, Frontal and whether it could be avoided. The project involved was the Dune, Lot, Seawall and Structure. Jonesport Breakwater and the resulting disposal of dredged material. C:) C. New exemptions were added in Section 2 under authority of 38 M.R.S.A., 1/19/88 Meeting with Jim Lysen (Town of Scarborough) and Barry Timson Section 478 for activities which will not significantly affect the (consulting geologist) to discuss a potential U.S. Army Corps of environment, including second floor additions and construction of small Engineers dredging project in Scarborough, Maine. open decks. These additions were made in response to several t-osunents that the rules are too restrictive in regard to low impact projects. D. A Preamble has been added to the Standards section which expressed the Board's intent to limit the density, location and size of structures due to Its concern for rising sea level. E. Section 3 (A)(1), requiring a project to have "minimal impact* on a site, has been expanded to include density limits. The intent of these limits is to ensure that substantial portions of the sand dune system remain in a natural condition in order to allow for the supply and movement of sand,in the future. F. Section 3(B)(1) applies to "All Structures" which includes new and reconstructed structures. The intent is to specify conditioLis which will be attached to permits. So that future property owners may be aware of these conditions, the DEP will file a copy of the permit with Llie Registry of Deeds. G. Section 3 (B)(2)(b) has been modified to allow storage sheds and garages to be built on grade within flood zones, but expands the area where residential structures must be elevated to include B-zones (500-year flood zones). H. Section 3 (B)(2)(C) prohibits the construction of large buildings except where evidence demonstrates a site to be stable after a 3-f6OL rise in sea level. I. Section 3(B)(3) allows for reconstruction or replacement of buildings VI. Report on shoreland zoning activities,: only when all standards for new buildings are met, except for standards November 87-January 88 3(B)(2)(c) and 3(B)(2)(e) where the new building is no longer, and extends no further seaward than the previously existing building. This section The shoreland zoning unit has been especially busy over the three month reflects a change from the version presented at the August 20, 1987 public period of this report. In November the last of 15 public meetings was held hearing which would have allowed the reconstruction or replacement of a In Portland to obtain public input toward revisions to the shotel&nd ronlng building severely damaged by an ocean storm in a V-Zone or frontal dune. ordinance. Following those meetings the information gathered as compiled in summary form for reference during the revision process (see attached). J. Section 3(F) on seawalls has been modified to allow the footing of Upon completion of the summary information. an advisory/ateering Committee cement walls to be enlarged only when contiguous walls on both ends have was established to direct the shoreland zoning unit as the revisions are larger footings. Under these circumstances, the enlarged footings may not drafted. In addition six working conunittees were established to draft be larger than those of the contiguous walls. In addition, a limit on the' sections of the revised ordinance for review by the advisory committee. amount of new material added to a rock seawall has been included in place The advisory committee met in early January. That committee soggested that of a note which contained similar language. the working committees get right to the task at hand and begin meeting regularly starting in February. A list of the committees and their members K. Section 4(I)(l)(a) on variances has been modified since frontal dunes is attached. It Is our hope that by July we will have a draft ze@ised may include areas altered by development. Areas which have been altered ordinance ready for .public hearing. through construction of seawalls and backfill have no ridge or landward slope and have been excluded from the variance provision. Section The shoreland zoning unit has published its November/December issue of the 4(l)(1)(c) has been added for reconstruction or replacement of buildings Shoreland Zoning News (copy attached). One copy of newsletter is pre6ently which are destroyed involuntarily. This variance provision was added in sent to each municipal code enforcement officer. We would like to deiid copies fairness to property owners who suffer loss for reasons beyond their to all selectmen, councilors and planning board members but can not do so for control other than ocean storms. lack of funds. A full copy of the revised Coastal Sand Dune Rules is attacked. During the reporting period we undertook a special effort to review a back-log of ordinances received from municipalities over the last year. Comprehensive The other change in rules relates to the shoreland zoning program. Under the reviews, followed by written comments to municipalities based on those reviews State of Maine Guidelines for Municipal Shoreland Zoning Ordinances the were completed for the coastal municipalities oft clearing standard was strengthened to limit the size of openings created in the vegetative buffer adjacent to ponds, rivers, and saltwater bodies. 1. Bristol B.Mount Desert 2. Brunswick 9.Old Orchard Beach 3. Bucksport 10.Phippsburg 4. Cherryfield II.Randolph 5. Eliot 12 St George 6. Hampden 13.Wiscasset We have been pleased with the working relationship between the DEV the Department of Economic and Community Development and the Regional Planning Commissions. The training coordinators continue to meet on a monthly basis making it.possible to ensure continued dialogue between these agencies. In December a *hands on" training session specific to shoreland zonli,g and flood plain management was held for the regional councils. The funding of a "Coastal Coordinato 'r' in the coastal regional council offices has resulted in the hiring of individuals whose tasks will include working with towns on matters related to shoreland zoning. This project should prove invaluable. We look forward to working with the coastal coordinators over the coming year. In December a public hearing was held on the George Kerr rezoning request at the mouth of the Goosefare Brook in Saco. This hearing was ImporLai,t to the program as the area is one of the last open spaces on the ocean in Saco and is adjacent to a valuable waterfowl area. A decision on the request ab expected in April. The staff of the shoreland zoning unit has also been husy with day to day VII. Quarterly report on efforts to improve administration of core laws technical assistance to municipalities. We have assisted the towns of Bath, and to secure state funding. Belfast, Bucksport, Eastport, Gouldboro Kittery. Lincolnville, Milbridge, Tremont, Mount Desert,Owls Head, Rockport, Sorrento, Southwest Harbor, and The D.E.P.'s Bureau of Land Quality Control, in an effort to improve its Vinalhaven. efficiency in administering the various core laws under its jurisdiction established a task force of key employees to review the current We have also participated in several seminars /presentations relating to coastal administrative procedures and to make recommendations to management zone management activites including: regarding needed changes. Some changes have already been incorporated. into the administrative process although the full report the Ta6k Force has 1. a presentation to the Atlantic Sea run Salmon Commission focused on the not yet been completed. The report is expected shortly and will be shoreland zoning revisions and its relationship to that fishery. forwarded at that time. 2. A presentation at a growth management seminar specific to the Maine In regard to state funding the Department has prepared and sohmitted a coast held at Bowdoin College. supplemental budget request to the legislative which if adopted will provide additional funds for shoreland zoning and other Land bureau 3. Participation in a seminar relating to preservation of Maine's working administration core laws. waterfronts. 4. Participation on a model ordinance development committee for erosion BLAKESLEY/rlc control in cooperation with the Soil Conservation Service. NMI M M MW 1111ME m Department of Environmental Protect SHORELAND ZONING Volume I Number 2 Andrea M. Lap Statutory Items that Override Local by Richard P. Baker, Shoreland Zoning Coordinator Local offici It should be aware of changes in struc state law which override provisions contained in doc k shoreland zoning ordinances. Unless stated ordi other is in the law, statuatory provisions on Ap superw d: r regulatory requirements Including those in local ordinances. In addition t other laws ha The state legislature which adjourned in June of years which o 1987 enacted several I aws affecting shoreland These changes Ion Ing dm IIst ratton. The following laws either Maine Guideli dire directly or indirectly affect shoreland areas and Ordinances wh are now in effect: oT-TFe-'STqZreI on a few 0 1. LD 1868 Public Law 1987, Chapter 49, paragraphs . pro hibits timber harvesting in districts zoned for resource protection adjacent First, munici to ponds. transfer of State Plannin 2. LD 1761. Public Law, 1987 Chapter 381. Environmenta requires inspection and certification of ordinance &me septic systems prior to transfer of now be sent property within the shoreldrid zone. Furthermore. Although orignally scheduled to take that cc III es effect on September 29, 1987. filed with th implementation of the bill has be en the ordinance delayed until, June 1. 1988. In the clerk and cap meantime the Department of Human menber of the Services will adopt rules for impl ementati on of this law. There have a refl ected In 3. LD 1336, Public Law 1987, Chapter 182 Section requires municipal subdivision and responsibilit zoning (including shoreland zoning) Alteration Ac variances to be recorded at the Registry from the De of Deeds. Wildlife (IFL 4. LD 1764. Public Law 1987. Chapter 514. mends the local subdivision Ia. to PetIocal review of certainlots of 40 acres in sizeIf such lots are Model Ord located wholly or partly within any shoreland zone. provided that the Workshops are average lot depth to shore fmntage to gather I ratio Is greater than 5 to 1. Where 3 or officials on more lots of 40 or more acres are enforcement developed, aplan must be filed with shoreland or. Ihe Registry of Deeds and the municipal will be use authority responsible for reviewing ordinance tha subdivisions. cumulative Gr the revised 5. LD 138. Public Law 1987. Chapter 94 use standard ratifies local ordinances which regulate better ~0 Amendments to Model Ordinance THE NUTS & BOLTS OF SHORELAND ZONING by Jeff P~l~do~q:~, Assistant A I~lo~r~n~.~Yt~G~e~n~er~a~l What Whv Since I ts do ~pt~ion in ~1974. he State Model Shore~~ ~d zoning is a local land use tool in the Sh~Dre~l~a~nd z~o~n~ing.as adopted: Ordinance h~a ~S ~4~ee~n re~v~ised severaltlines. This form of a~or- ~n~ance and map, which are requ~i red has led town officials to wonder whether the b~the State ~M.~rd~atory Shorel~and Zoning Act. The to hel p mat nt~ai n safe and heal thy revisions are advisory only, or whether they are ord~~nce de~scr; b~e~s StaniarIs and re s tr~ict~ions on conditions required to amend their own local ordinances to ~tr ~~tur~~ an~o uses generally within 250 feet of reflect the mini~m~@~. condition established by the the normal h~i ~gh -te~e.~ark of significant to prevent and control water pollution latest revision of the model ordinance. ~a ter ~, ~~e' * T he M~a p d~i v~'des the shorel~a.d zone into d~~tr~ct~s w~@ich vary in ~Setback re~q~j~i re~ments to protect h~a ~bi tat for fish, ~ildl ~I fe. First of all ~,the foremost concern of the and the types of uses permitted. birds and aquatic life Department of Environmental Protection. which is the State's oversight agency for the Mandatory Who to control the placement of structures and S~horel~and Zoning Program. ~is to avoid Local go~ern~i~e~nt~s enforce and administer the type of I and uses confrontations with municipalities over the ~hor~~~nd zoning ordinances, even those that are administration ~a~nd enforcement of local ~shore~land state- imposed .State government provides to conserve s~h~6re vegetation and natural zoning ordinances. The Department's primary role technical assistance. beauty and is to provide technical assistance, When ~- to retain visual as well as physical points However. the Legislature contemplated the Most towns Adopted sh~Dr~eland zoning ordinances in of access to inland and coastal waters. possibility thatamunicipal ity might be 19~ 4.Structur~e~s and uses in existence before reluctant to act in accordance with the program's th~~date are gra~rdfath~ered. Their regulation is Research has found that the sh~orel~and is the most c~i bject~i~v~es. These objectives are served by guided by the ~n~on~@confor~m~in~g uses section in the productive component in a landscape in terms, of creating at the local I evel . ~shore~l~4nd zoning local ordinance. species diversity. It serves numerous f~wct~ions ordinances which are consistent with the State's including soil stability. ~i~ld~l~ife h~a ~b~i tat and ~qu ~I de I I n e s ordinance. and effectively Where ae~s t heti c qu~al ~I ty. administering and enforcing at the local level S~~rel a~~ zoning applies only ~Ao those uses and ~h~ese ordinances. when municipalities fall to Structures within the specified shore~l~and zone. How ~tcom ~P~I ish these ~p~u rpose~S.the I~d~. contempl ~ates I Ile~h~re~ and zone is usually limited to land that t~he State will step in. In these Instances. ~th~n 250 feet of In order for ~shoreland zoning to work all the State may take limited action in one of two a ~nd~o~. n~ers ~in the zone must f~ol I ow ~al I of the areas ~~ al I tidal areas ordinance provisions. lakes over 10 acres 1. Under Title 38 M.R~.S.A.~. Section 442, the sections of rivers downstream from State may determine thataparticular the point at which it receives runoff municipal sh~oreland zoning ordinance. because from 25 ~q~u~are miles of land. - of its ~'l~a~i~c~ity and permissiveness' (to use the statutory term). does not provide the ~r~-~,~k~b~. WELL: ~1~00~'~- ~F~"~M ~W~EASURING SETBACK The set ~b~ac kre qu~i re~nent f orastructure ~i S m ~q@e as ured asastraight . r~i zo~nt~al line starting h~i~ghwater he normal a~t m ta r~ka ~v~ia~ter body and ten~qof~9hes ~W~. PIE ~e ~.~,to tc~lo est ~q- ~50' A~Q~P 1,~JT~A~4~E ~:~P~O ~i ~nt of the structure ~10~0~+~1~-~. ~F~q= ~-75~' ~-~6~f ~inc~lu~c ~n~g overhangs such A~c~k~: as ~e~a ~v~e-~s .Any standard ~-~3~0~1 Taff ~C~L~-~-~-~-~N~qf~, ~r~f~a~@ ~t~a pe ~r~e~a~sure can be ~L~C~L~J~t~.~C~!~L ~E~c~l~p used.or flat areas the -~7 ~1~0~" -a-- ~q-~- ~-~q-~q-~q- ~q-~, ~/ ~t~z ~p~e ~@~e~a sure Is held taut ~t~.~- ~q-~-~7 a bo ut three feet a b~a ~ve ~X~@~:~: the 9~@u~f~v:!. for an area w~i th asteep s~l ope , a ~-7 ~rpol ~e c~a~n tic placed at the rag ~S~e ~f~p~@~i~c normal high watermark with enough he~i ght to place its top just above the height of the slope ~'~q=~T~- Atape measure attached ~R-~1~:~5 ~1~:~0 ~O~-~K~qM A L to, the ~n~top of the pole ~L~O~T~, ~V~M ~Cthe be pu led taut ~4qv~2q7 by someone Standing on ~q1~4q6 top of the slope. 2 3 Statutory Items Continued from front QUESTIONS & ANSWERS On great ponds ,ri ver ,streams ,brooks and coastal wetlands must now be obtained from. the DE. P. Before this transfer of responsibility Are new decks allowed had taken place, permits for beach construction on r I vers,stream and brooks were obtained from on nonconforming uses? I F&W wh ie permits for both construction on great ponds and coas tal wetlands were obtained State officials consider new, attached decks as from the DEP. an extension of the principal structure. Since most local ordinance allow the e xtensi on or Elsewhere in the 'Land Use" standard. the State expansion of non-conforming, grandfat hered" Plumbing Code has been reti tI ed State of Maine structure with a permit from the Planning Board , Subsurface Waste Disposal Rules. new attached dec ks are also allowed for nonconforming structures. However, the proposed it must also be clearly understood that all new extens ion or de ck must meet the review criteria principal and accessory structures which are of the Planning Board, generally known as the "a Permited in the Resource Protection and Limited through icriteria", which are listed in the Res i denti al -Recreational District shall be ordi nance . Otherwise , a proposed deck that does set-back 75 feet from the normal high water not meet thes e cri teri a wi 11 be dent ed . mark. Some local ordinances presently do not require accessory structures to meet 75 foot set New decks on structures which are less than the backs even though the statute requires so. requi red setbact from the water cannot reduce further that structure's setback. Consequently. The last points I wish to bring up is the penalty decks may be constructed on any Side Of the house provisions for violations of land use laws . except the side facing the water. These provisions have been statutorily changed as set forth in 30 M.R.S.A. Section 4966. Mi nimum penal ti es are now $100. 00 per vi ol ati on whi I e the What is the relationship between the timber maximun penalty is $2,500.00 per violation. harvesting and clearing standards? There have been other minor changes as underlined in the model ordinance. Municipalities should The timber harvesting standard generally applies review the model ordinance closely to ensure that to the cutting of trees 6 inches in diameter for Statutory amendments ta ke precedent over both commercial and noncommercial uses. It does conflicting sections in the ordinance. We not address vegetation under 6 inches in encourage towns to amend local ordinances to be diameter. The tree cutting cannot remove more consistent with these Statutory requirements. than 40 percent of the volume of trees in a 10 year. period, cannot create clearcuts greater than 7.500 square feet. and cannot result in a poorly distributed stand of trees. The clearing standard further restricts the timber harvesting standard in that clearcuts cannot exceed 30 feet per 100 feet of shoreline for areas within 50 feet of the shore Therefore, the size of the clearcut is limited to an area 30 feet x 50 feet or 1,500 square feet. The original intent behind the clearing standard was to prevent homeowners from, creating a 180 degree view from their home. Beyond the first 50 feet, the timber harvesting standard applies up to the 250-foot limit, except for a small area which a planning board may allow for a ya rd a area. All of the timber harvesting standards, Except the larger clearcut provision, also apply to either side of the 30 x 50 foot clearing. Butt, standards limit vegetation cutting to conserve a buffer strip. Buffers preserve scenic quality, benefit wildlife and reduce phosphorus containing runoff into surface waters. NEXTISSUE... Highlights of meetings to Identify shoreland zoning problems 4 ~0 Local Enforcement Can Be Ef Department of Environmental Protection Bureau of Land Ou~sl~i~ty Control, State House Station 1~7 by Richard P. Basket. Sho~re~l~and Zoning Coordinator Augusta. ME 04~q@33 As I travel around ~t he State Of Mal ne . one of the Most most c~o~mo~n concerns that I hear fro. town officials effec is ~t~h~c~ir inability to deal effectively with issues viola SHORELAND ~4qM relating to enforcement of ~shor~eld~nd zoning a~qt ter ~v~,d -c~e~s ~. There seem-, to be an on-going cry for mo~qnet ~;~r~e~,~t~er assistance to municipalities In this Volume 2 Number I Andrea M~. Lapointe, Ed~itor~289~-21 I I i~r,~;-t~ant area, In fact. I believe, that many local if, ~qh officials, although not wishing to relinquish other permitting aspects of the shorel~and zoning program, ad~qm~qi~q@ ~'~o ~.~Id like to see the State directly involved in tool enforcing violations of that same program, I a. not ad~qin CLEARING STANDARD REVISED aware of any State plans, however. to remove contr responsibility for enforcement of ~shorel~and zoning agree The clearing standard in the model shorela~nd zoning In order to clarify the use of the clearing standard ordinances (whether S~t~ate-~Impo~sed or locally adopted) to ~qPa ordI~n~a~n~ce~9~o~f des theremoval of trees and the outside the shor~eland zone, the Board of from local officials. Thus. it is important that ex~qch~qa repIac~e~me~nt of vegetation with other types of plants Environmental Protection and the Land Use Regulation local officials take an active role In enforcement of sue t f~rapproved construction and landscaping. The Commission wended the clearing standard to include shore~land zoning violations. Otherwise. violations agre standard also directs the clearing o~f vegetation to the following sentence. 'In any Resource Protection will proliferate ~a~nd our water bodies a~nd adjacent appro create a view. district or its equivalent, the cl ear~ing of dre~a~s will continue to degrade. As an vegetation will be limited to that which is necessary to a This standard limits the size of the clearing within for uses expressly authorized In that district.' F-~f~or~c~e~n~ent of ordinances is not ~synon~o~mo~u~s with of th the f~irst 50 feet of the shore to an area 30~-fe~et Before this amendment. some property owners believed ~C~, u~l~' ~6 ppe~ar~ance~s and I t~g~a~l fees . On the contrary. too ~,~ de and ~50-feet deep for each 100 feet of frontage. that they could clear an area outside the resource if a unic~ipa ~lity ~m~a kes it known that it is serious Corre H~~e~vr, the standard originally did not anchor the protection district of the shoreland zone for ~a~l~x~u~t enforcing its ordinances and that it will go to Is t ~~~at~i on~0fthe 30 X~50~-f~oot window. Therefore ~. ~I f a approved construction. and extend that clearing all ~t~o~,~rt if necessary. most violations will be resolved ~qstruc pro ~perty owner had 200 feet of frontage, she or he the way to the water through a resource protection long before a court battle is begun. ~f~orth~emore. could locate the t~wo 3~0~-f~o~ot openings side by side, district for a view. when a town takes a strong stand on enforcement, the A sat ~~ long as each clearing is within a separate number of violations occurring will decrease. Town s this ~00-f~oot section, thus creating a 60~-foot opening. The Board and Commission also disallowed t~wo ~30 ~a ~50 which are experiencing a proliferation of ~sho~,elan~d work In the c~a ~se of 300 feet of frontage. however, the foot wlndo.~s side by side. The ~a~m~e~n~d~nent does not zoning violations are usually towns which have not f~qa~ql~ql~qu third 1~0~0~-fo~ot section of the total 300 feet of p~er~i~tit an opening greater than 30 feet in width in taken a strong stand on ~enforc~e~ne~nt issues. in a frontage could not begin any closer than 70 feet away the aggregate for any 100 feet of shoreline on any f~~~m the 60 foot opening. Therefore, another 30 X ~50 given lot, or a~but~f~f~~ng lots under the some ownership There ~cot window would not be located any closer than ~70 regardless of where measured along the normal high c~qa~qnno I~~ t. a~s the foll wing diagram Illustrates. watem~ark. In other words, another 30~-fo~ot clearing may ~qt along the water frontage of a parcel of land in the In t~qh same ~o~w~n~er~sh~ip,cann~ot occur within 7~0~-f~e~et of ~t ~he ~68qf Irst clearing. Rather than having one 30~-foot I 30 It I e~ar~in~g~, a person could space the clearing into 30 t ~s' a~q@ler clearings that total 30 feet. But another ~08qMo f~ol c~le~ar~i or aggregate cannot occur within 70 feet of ~, he first ~" ~9~'~e~q~t~e. Un Continued on ~b~ucl~, page 'Most violations ate The 70 ~i~t shore shoreline ..... ~q@~. resolved without ~qm~qe~qet~qi ~1~qU~qT~ ~t~, O~qcto loo It ~100 ~i~t ~1~00 ~i~t IMPORTANT NOTICE ~I I ill! An annual report form on shoreland Zoning court action.' ~qshor I he permit data from Code Enforcement .. ....I The problem with the standard is that it does ~not det~qe clearly specify whether the approved construction Officers Is included in this newsletter for id~qe~qn which triggers the use of the clearing standard. must M~qa~qn~qd ~~ located within the shurel~a~nd zone. For example . your convienienc~e. Please Ignore this form ~~~~'~th~e owner of a ~ho~u~se~abu~ilt Ou~t~qsidet~th~e ~sh~oreland The ~~~ a~nd behind a, r~e~a des ~g~n~a ~ed resource if you have already submitted your Annual Protection. clear the vegetation for a view in this fragile district all the way down to the %dt~er? The Report. Annual Reports are due answer was debatable until the State Legislature 3. passedanew statute prohibited the harvesting of trees Inaresource protection district around 4. ponds. Unfortunately. the ~shore~la~nd zoning ordinance February 29~, 19B8. deals with tree harvesting separate from the clearing ~qS~q. ~f trees and replacement of vegetation for approved construction and landscaping. ~1 2 ~0 L Revision Underway ~C-~1~1... ~dQUESTIONS & ANSWERS Clearing Standard Revised L In evaluating ~a~ny possible changes to the model ~. the Do local authorities regulate uses and structures Conti . . . d~I~,.. front p~o~g~, E ~d~ ~I sory committee will Consider these objectives on the ~a~t.~,~? The justification for this change Is the increasing th ~ ry carefully by asking themselves the question. m~i~s tehis change necessary to achieve the objectives?" Town officials have the authority to regulate scientific evidence that removing natural vegetation ~qh greatly incre~a~s ~es the amount of phosphorus that Of ~I~lr~,clu~r~e~l on ~-Over ~o~r next to ~, dock, Wharf, pier or reaches ~a~nd pollutes water bodies. This change to ru The et~ar~get dates for revising the ordinance are.~,h~e r s ~"~. tore~e.~tending Into t~h~e -ter body beyond the clearing standard will further limit t~he amount If Summer of ~1~9~8~8 for the completion of t~he sew model the normal high watermark. However, to use this of natural vegetation removed and more effectively Ord no,, ~a~n S~o.~,~ r 1989 for the adoption by towns authority. a local ordinance must explicitly say that ~c~e ~'d of ~a~n~y ne~w~Pr~o~v~i If o~ns iliatrepresent ~-in~imu. it applies to structures prot~K~! esthetics and achieve the objectives of the In so located and the ordinance re conditions. must Include standards that guide their regulation. Mandatory Shorel~and Zoning Act to preserve water I quality ~and to conserve ~s~l~or~e~l~a~nd vegetation. For ~qm~qu The standards may address Issues from size to visual example, a property owner with 200 feet of frontage M~qa The~~t,~m~e~,~et~i~ngs to identify pro~qhl ms were extremely ~9~1 are ~. may cut 30 feet for a ~vi ~ew ~. but may ~h~a ~vt no des ~I re to a~qn h~l ul in gaining insight on shor~e~l~a~nd Zoning. c~u~t another 30 feet 70 feet away, thus leaving this ~qc~qa Accord~i n~g to the p~art~ic~i pants . the most tr~oub~l ~I ~ng Towns do not have the authority to regulate ~u~s~- ~o~n section of the shoreline Intact. of section is the N~o~n~-Co~n~f~or~m~i~n~g Uses Section. Ka~ry the water such as boating. But a town can control In people claimed that this section is badly worded and the number of ~boa ~tIll ps on alake, ~I f t ~ne~t r The new limitation on the size of a clearing may not lackIgo~0d definitions for the terms used such as shorel~and zoning ordinance specifically addresses h~a~qv~,t~ar~i~'~l-~edi~a~qte~r eff tunt~iIformally adopted by at I "~~~ ~n~s~i~ont~,~ep~l~e~tc. Other people varied In boat I ~l~p~s~. ~o~w~n .Howe e ~, ~S~i~K~@~te the change to ~t~h~e clearing t~~~r ~po~s ~o~n ~hetht ~r~o~n-~c~o~nf~o-~i~n~g uses should ~b~e Standard that permits only th~e clearing for uses ~~l e to ~pe r~s~ist forever or cease to exist over time. Furthermore. towns do not control discharges into a ~p~e-~i "t"d in ~Pe~so~orce Protection district has ~~e f~a ~v~ored total prohibition of expansion While water body unless delegated to then by the State. ~a~!-~A been t~h~e~a intent and since most Ordinances are ~thers favored flexibility in allowing expansions for Point source discharges are controlled usually by the pro ~1~@ ~b Iy~I~I~I ~en I ~I~n this respect. this change h~as ~a~n pro~ect~s that meet special ~, stringent criteria fo~r Water Bureau in the Department of Environmental I effect on tows. activities Involving n~on-con~f~oming uses. still Protection. however. towns have some control over ~therIfe~l tthat expansion should only be allowed non ~p~oi ~ot source discharges through their regulation The elimination ofa6~0~-foot window. otherwise *hen the enl ar~geme~nt can m~mIthe set back. of buffer strips, setbacks and land uses such as allowed In a~9~1 ~ven ordinance. does not effect the agriculture ~. - all addressed within the I ~oc~a~l town until they formally mend their ~s~hure~land zoning W~r~te~@er ne~w form this section ~0~1~1~q1t~a~ke ill depend shor~0~a~nd zoning ordinance. on~~hat the advisory committee feels Is necessary to ordinance. Therefore, we suggest that towns incorporate the new ~mc~le~ar~in~g' standard language Into ac ~e~ve the objectives of shorela~nd zoning. Their What should a Code Enforcement Office, do about ~I~c I decision will be based on their professional a violation a~r~l~s, t~h~e ~f~e~c~t~i~r a ordinances to avoid state Imposed sanctions. expertise ~a~n~d data from research, At the very least. th~ sectIon ~W~, Ir IIbe eword~ed to make it easier to In the Case of an Illegal structure, the Code understand a~nd ~a~d~m~~I~n~i~sterEnforcement Officer should Issue a stop Work order. If appropriate. a~ndanotice of violation, The Another section t~h' ~t troubled participants is the ~v~i ~o~l ator should be referred to the Planning Board for How to Deal with Non-Confc Land UseTab~le~*This table Is really the he~ert ofa~P~, ~m~i~t after the fact .If d~en~i ed .the structure Ihoreland zoning.All of the potentialIand uses are should be torn down or moved back and the violator The no~n-c~onfor~m~i~n~g uses section in a shor~el~and zoning imp I~It ed down one ~$~, ~de ~0fthe t~a bl~e.Listed across the should ~W fined. If feasible the violator should be ordinance Is the first section t~o check ~-~he~n~i,~v~er any are ~.~~ are t~he three basic districts of t~h~e ~sh~or~e~l~a~n~d required to r~i,~s~tore illegally disturbed areas (i.e. ~q~x~est~i~Q~0 arIIeIIn~voIvi~ngan~0~h~co~n ~i~n _~1~.~9u~s ~e~.~q.US zone~-Includ~in~gavery prohibitive resource replanting of areas with excessive clearing or timber structure or lot. These uses. structures and lots ~ql~qi~qm proI~e~'t~qf~@~.on district.amuch less restrictive harvesting). See Handbook for Code Enforcement are ~1~3~0~1~1-C~onfor~r~i~lr~i~g~. because they conflict with one or ~~~~IrcId~i~s~tr~ic~tand an In-between ~i-~e~s~id~ent~i~a~l Officers. Pre p~a~i red by the Ma ~I ~ne P~lun I ~C~, pail more provisions of the ordinance. Generally, they The district. The table Indicates for each pa ~Ir of land Association. for more information. existed before the ordinance or an ~m~en~c~i~n~ent went to. use and district .~h~et her the land use is Pe~m~itt~ed into effect. tha (yes) In that district or prohibited (no) and whether d~qtr ~t~~~eed~s ~eatper~mit from the planning board ~(P~O)~, code The non-co~nfor~m~i~ng uses section In the State model A~qP~qp ~n orc~e~m nofficer (CEO), or local plumbing Public participation ordinance requires ~4 ~p~e m~it; ~qa~qp~qp inI~ector (LPI a~qI~qm for a renewal of a use or structure when It The main problem with this table is that land uses meetings reveal h~a~5been abandoned f~or one year or more; The are no~t defined. ~F~ID r ~c~e ~X am ~P~I e~,does the development ~qs~qa ~qy ~~ for _A re~r~e~a~t~i~o"~a~l~-~v~e~h~i~c~)~e come under ~L~:~4q@ for any expansion; e~qx~qi ca. ~~qaro~qs~.~i~dt~e~7 Another pr~o ~b~l -II that not all land maJ~or problems ~8qA~'~4qL~l~qi eff uses are included such as home occupations, for a change to another non-conforming use ~qt Inc demo! ~I t ion and so~l ~i d waste di I Pos a~t . ~a~n~d~; can The charge that may cone out of the revision process his for a r~ep~l~dc~e~m~e~@t. or ~~~ be to a~l~lo~% planning boards the ability to According to the State model ordinance. commercial ~qc~qa~qr delegate their p~em~it granting authority to the CEO. uses ar~e Prohibited In a residential district. A ~p, -~, I is ~h~ot needed fo~r ~m~a~i~,t~e~n~a~r~c~t , repair ~. ~o~r ~qm~qe~q, The ~a~&~ant~a~g~e here would be to elie~v~e the planning bu~t ~m~s~f~i~n~a~s are ~i~s~s~ym~i~t~i~od in this d~i~a~lr~ic~i with a ~qc~qu ~qo board of ~s~m~e of the burden. The d~i~s~ad-t~iag~e Is permit from the planning board. What Is a marine? ere, t~~ t I~he decision t~o grant a permit will be based upon one person rather than a group of people. A ~m~ar~i~m Is a boat basin with facilities for small To get a permit. applicants must prove that they meet boats, as d~o~c~k~@~, moorings a~nd supplies. Supplies art the planning ~b~o~drd~'~s p~er~n~~it review criteria. The I f you wool dlike to receive as~o~o~mary Of the limited to those things that directly support ~S~.~a~l~l Ot~h-~i~s~e their permit ill be denied. d~qe~qa con comments from the P~' bl~ic to identify problems with boats, such as oil and gasoline. Marinas that exceed One of the problems with th~e r~on-c~o~n~for~s~t~in~g uses ~qit~qs the current~odinarice~,Ien~d your request to th~e these limits must be located within a ~ge~.~n~er~a~l section is that the terms, maintained, r~e~i~p~a~lr~,,d~, to ~d~ ~~r of this newsletter. development or maritime district. 3 4 EXHIBIT E-3 Introduction The activities and accomplishments of the period from September through PROGRESS REPORT December 1987 are best summarized under five categories. The most significant achievement of the first quarter under this grant from the Maine Coastal September - December, 1987 Program was the passage of new coastal sand dune rules by the Boai,i of Environmental Protection on December 15. These new rules, in addiLirn to being an improvement over the 1963 rules, recognize the sand dune m"ps as best available geologic evidence for evaluating sand dune permits. Improving Technical Reviews of Core Law Applications Additional work efforts were directed toward coastal hazard mit.i.gation for the State's first Hazard Mitigation Plan. The coastal chapter and plan are now in final draft form and submitted to the Federal Emergency Managemtnt Agency (FEMA). Submitted to: Continuing efforts to draft a legislative proposal to create a uorine geologist position and coastal mapping/studies program were met with mixed Maine Coastal Program success this quarter. While a bill was drafted and accepted by the Department of Conservation (DOC), it was not included in the Governor's package for State Planning Office submission to the legislature in January. The fifth major activity of this quarter was to provide technical a6sistance to the Department of Environmental Protection (DEP) in the form of independent reviews of many sand dune permit applications.. Stephen M. Dickson Additional headings below discuss this program's budget and highlight an important technical coastal zone issue that has arisen during the quarter. co Maine Geological Survey DEPARTMENT OF CONSERVATIO14 New Sand Dune Rules During the qu4rter progress continued on the Band dune rules. This work consisted of analyzing options that would change the rules and evaluating their impact on various types of dune projects. Additionally, as changes were January 15, 1987 made, internal consistency within the rules was checked to prevent double standards and loopholes. The DEP and suff of the Attorney G.neral's Office guided the changes through the rulemaking procedure. Significant changes included; .(a) a new definition of frontal dune that eliminated a loophole in the earlier version and conforms to the frontal dune of the sand dune maps; (b) limiting new projects in natural backdunes to 40% total area development, half of which or less is buildings; (c) requiring applicants of large (greater than 35 feet above grade or 2500 square feet in height) or multi-unit buildings to demonstrate that the dunes will be stable for the next century assuming that the sea will ris@ 5 feet- (d) r6@juire nult.4-unit buildings to be elevated 4 feet above th., lu.,-year flo,@@ clevation inzt,@@d of the 1 foot hp4ght reqjircd of sJnj-le f,(%@ly hom-es; 1 OF (d) future legislation to address the findings of (b) above; and (a) require that any structure which becomes part of the coastal wetland for a period of six months or more due to shoreline erosion be removed; (a) the development of the SLOSH (Sea Lake and Overland Surges irom (f) require flood-proofing of structures located in B-Zone flood hazard areas; Hurricanes) model by the National Weather Service for the Naine coast. (g) allow garages and small (250 square feet or less) storage sheds to be Of the five elements, this technical assistance program is involved in two: built without flood-proofing as previously required; membership on the IHMT and the evaluation of risks from nataral and technological hazards on the coast. The monitoring of shoreline change and (h) require new construction, including additions, to be wind-proofed to the technical aspects of interpreting the SLOSH model when the results become standards in FEMA's Coastal Construction Manual; available are programs that will require personnel and program funds in the W a line-of-site standard criteria in order to protect existing seaward future and beyond the time frame of this technical assistanze gr-it. views; and Funding for these activities is to be derived from existing state budgets with the exception of an additional $2000 to be provided to the State Planning (j) and require storm-damaged buildings to be rebuilt at their former site Office (SPO) and Department of Economic and Community Development for item (b) only if they conform to the new rules with the exception of items (c) and (i) above. ln the draft chapter, state funding was sought to support shoreline above. erosion monitoring (item (c)). However, that request was changed by DECD to read federal funding instead of state funding in the final draft. Appendix I Copies of the new sand dune rules are available from the Bureau of Land contains the final draft of the coastal hazard mitigation chapter. Quality Control in the DEP in Augusta. Legislative Initiative Sand Dune Maps CY) This fall legislation was drafted to propose the creation of a permanent kD Work on revisions to the sand dune maps continued in the fall and will include position in state government to fulfill the activities of this technical more landmarks than the draft maps. The maps will be available in the next assistance program. The legislation called for a marine geolOgiSL and funds quarter. Funding for this technical work has been provided by a grant from for coastal studies, mapping, monitoring, project reviews, and public DEP. assistance. In the period from September to December 104 sand dune glaps were sold bringing In September a draft legislative proposal was written which, after the total sales to 192 since they became available in July 1987. modification and approval by the Department of Conservation, became a draft bill. The bill is entitled "AN ACT to Provide a Marine Geolegist and a Systematic Coastal Geology and Natural Hazards Mapping Program." The document was listed as number 12 out of 20 in the Index to Department of Conservation Coastal Hazard Mitigation Plan Legislative Proposals for the 2nd Session of the 113th Legislatur. (Appendix II contains a portion of this document and an extended Statement of Fact). During this quarter the State of Maine Hazard Mitigation Plan was written. Activities supported by this program included writing a draft chapter on A biennium budget request for FY87-88 and FY88-89 of $162,000 was submitted by coastal hazard mitigation, meeting with state and local officials on the plan, DOC to the Governor. As of this writing the bill was not included in the and wr@ting the final draft chapter. Meetings were held on 11/5, 11/24, 12/2 Governor's supplemental budget submitted in January 1968 to the Legislature. and 1-,Y17. The final report was sent to FE14A on December 30, 1987 by the Department of Economic and Community Development (DECD). The coastal chapter of the plan has five major recommendations: Core Law Technical Assistance (a) the formation of an Interagency Hazard Mitigation Team (IHMT); Technical reviews of projects, federal consistency determinations, and preliminary evaluations of projects with respect to coastal cor@ laws (b) thf, evaluation of risks of coastal hazards in the state by the !H:IT and [email protected] in this quarter. A log of activities has been kept ai,d shows the the di!.-,.r_itition of the analysis to coastal communities; following breakdown of activities where techn'cal assistance wz:-@ provided: (c) dc-_@-mination and monitoring of shoreline chenje in erosion hazard ar@as; (a) pro.i@ct rmviewr 41 about pri:@ S,,,,d @jnc 2 3 (b) state agency requests 53 core law applications Erosion rates are of primary interest in hazard mitigation planning. The (c) public and private sector assistance 26 requests for advice identification of erosional areas is important in assessing the magnitude of risk to coastal properties and in the design of a mitigation strategy. Not (d) federal agency actions 8 consistency and policy only is ongoing erosion threatening portions of the coast with property damage, but the threat of a hurricane or 100-year storm may strik@ the same (6) field investigations 5 site visits susceptible areas with disastrous consequences. At present there is no index of vulnerability to be used in pre-disaster mit4gation efforts. (f) conferences 6 including presentations The existing beach erosion database is inadequate to answer questions about (g) workshops 3 policy and technical threats to coastal property definitively. This deficiency may be overcome with the addition of a program to study the coastal erosion areas. Such a (h) lecture 1 on coastal erosion program was suggested in both the legislative proposal and coastal hazard mitigation chapter. In addition to the activities above several other writings most significant of which was a "position paper" endorsed by the Maine Geological Survey (MGS) addressing coastal zone management. The paper clarifies the MCS position Future Work primarily for the Department of Environmental Protection with respect to coastal development in high hazard areas. It was developed to provide Future work will involve continued reviews of core law applications, technical consistency in MGS responses to technical reviews of core laws and in the advice to the federal, state, local, and private sectors. During January and presentation of geological hazard issues to the state Board of Environmental February sand dune applications for review under the now "old" sarid dune rules Protection. will be processed. As of January 4, 1988 the "new" rules have bean in effect. Further writing included a short article for the Geological Society of Maine's Also related to the reviews, the sand dune maps will be completed and printed for distribution to DEP offices and made available for public salt through newsletter which highlights the issues in coastal development in the sand MGS. dunes. A written brief was sent to Geotimest a geology magazine with inte r-7 'ational circulation, on this project's approach to geological A new task for the next quarter will be to build a database of sand dune as-@esEments of coastal hazards and mapping. Finally, significant events have projects on a computer using R:base 4000 software. Through the database CD been outlined in the Department of Conservation's Weekly Highlights sent to projects will be followed in the review process as it relates to the MGS the Gc@vernor. actions. The applications that are processed by MGS will also be located on 7.5' topographic maps in order to better visualize the trends in uand dune .development. It is hoped that this process with a computer and maps will Progrum Budget allow a meaningful evaluation of the first six months of technical reviews performed under the new sand dune rules. Expenses for this quarter were primarily related to salary, travel, and office Additional work will involve the editorial review of Nelson and Fink's draft expenses for the above tasks. The expenses for the quarter were $101693t atlas of sand beaches and shoreline change. SPO and DECD are to send the leaving a final balance of $2,307. An additional $1OvOOO is to be transferred original manuscript and illustrations to MGS in the next quarter for editing. to the program on January 15, 1988 from the State Planning Office's Coastal Changes will be recommended to SPO that will allow the manuscript to be Program funds. published for public use. Finally in March MGS marine geologists will convene a special symposium entitled "Coastal Zone Management Strategies in the Northeast: RLgional Technical Issues Response to Changing Sea Level and Shorelines" in Portlando Maine. A The most significant technical issue presently in need of attention is that of presentation will be made at this symposium that highlights the new sand dune assessing and monitoring coastal erosion along the populated beaches in rules as they relate to the possibility of accelerated rates of sea level rise southern and midcoast Main,. It has become apparent that this is a priority and the state's strategy of evaluating permits using coastal hazard maps. A issue both from the permit review process and the hazard mitigation planning list of symposium participants and presentations my be found in kppendix III. process. Several major coastal development projects have recently been review@d with respect to the coastal sand dune law. One of the recurring 5 ques-Lcns in these project reviews is: has the shoreline receded at, proE.,,raded in re-,cnt years? 4 I E STATE OF MAINE Appendix I N.AZARD MITIGATION PLAN DECEMBER 1987 Coastal Hazard Mitigation Chapter Submitted in accordance with the requirements of section 406 of the Federal Disaster Relief Act (Public Law 93-288) of 1974 as amended E@ Tzya 06 DEVELOPED AND WRITTEN JO INTLY BY THE DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT MAINE EMERGENCY MANAGEMENT AGENCY AND THE MAINE STATE PLANNING OFFICE M @4 INDEX To DEPARTMENT OF CONSERVATION LEGISLATIVE PROPOSALS 2nd SESSION - 113th LEGISLATURE September, 1987 SUBMITTED SUBMITTED BUREAU DOC.No. LD.NO. TITLE CATEGORY PIS 87-88 FIS 88-89 DRAFT LP -DRAFT LD Admin. 08 Worker's Compensation/ Budget 26,901 28,064 09114/87 position - part of Adjustment Governor's Budget Bill Mrs 09 AN ACT Making Approp- operations/ 338,000 09/14/87 riations from the Budret no cumulative General Fund for Adjustment Impact due to Expenditures of State revenue Government - part of Governor's Budget Bill 4FS 10 Nursery - part of Operations/ 116,393 72,731 09/14/87 Governor's Budget Budget (plus Bill Adjustment 150,000 loan) HFS 11 Forestry/Fire Control Budget 10,278 10,586 U9/14/87 position - Part of Adjustment Covernor's Budget Bill MGS 12 AN ACT to Provide a Budget 80,000 82,000 09/14/87 Marine Geologist & a Adjustment systematic Coastal Geology and Natural Hazards Mapping Program (or Part of Governor's Budget Bill) tics !a At, ACT to Fund the Operations 90,000 09/14/87 Systematic Napping of Ground Water Resources of Sand and Cravel Aquifers AN ACT to Provide a marine geologist and a systematic coastal geology and The cost of this program is to fund a marine geologist and programs of natural hazards mapping program. research on both systematic mapping and pressing coastal issues. As experience has shown, proceeding on projects without the advice of geologists Cost: S80,DOO on matters such as engineering, harbor and river dredging, and homebuilding in shoreline areas, can result in the loss of hundreds of thousands of dollars of STATEKENT OF FACT taxpayer's money. In fact a single erroneous public works pro ject could result in the loss of funds that would be sufficient to maintain this program Reztntly Governor McKernan recognized the conflict between natural for three to five years. Since such advice would be available on a continuous coastal hazards and shoreline development and stated: "It is not too late to basis with this program, not only are new map products, research results, and ensure that, as growth comes to Maine, it is properly managed and our natural assistance available, but coastal projects will be more thoroughly evaluated resources protected." (8/6/87 Treas. Conf. ) In fact, the seriousness of before public funds are expended. coastal development in hazardous locations has become a dilemm of nationwide proportions. (Time Magazine August 10, 1987.) Both future development and existing structures are threatened by sea-level rise and coastal erosion in Maine. Not only are lives and property at risk in these locations but considerable amounts of both public and private funds may be jeopardized by natural processes. This bill proposes to provide both immediate technical assistance for growth-related issues and to commence a systematic program of coastal mapping to serve the state-wide and diverse needs of coastal Maine co=Lmunities. Co_@stsl geology and natural shoreline movement affect a large number of Maine residents. Frequently they ask critical questions such as: How fast are the beaches losing &and due to erosion? How can the beach be improved or maintained in light of ongoing erosion and increasing coastal development? Where &.-a the safe geological sites on the coast on which to build? Where are beach n:@urishment sands found nearest to the eroding beach? Where Is the best ___J locatic% for the placement of harbor and channel dredge spoils? What economic geology resources exist within the state's waters? How will offshore oil and gas leasing activities affect the coast? Through a program of research and mapping, these issues and others can be answered and the technical Information can be made available to encourage sound economic growth in coastal regions. There are several goals in this program. Most Important Is a Systematic effort (as shown in the accompanying illustration) to map the coastal geology in detail. This mapping vill be over an eight year period from FY 89 to FY 96. In addition to the geology, identification and analysis of natural and technological hazards will be made during this period. This work includes beach erosion and dune management studies and assistance in port and harbor developzent. Dredging and navigation improvement projects will also receive technical review and guidance. A program will.be started which, in time, will yield Insight into the effects of sea-level rise on coastal communities. Public !End acquisition in important coastal areas is another program that will benefit from this act. In the realm of public safety, the hazard assessme.-,ts will advance pre- and post-disaster mitigation efforts. Finally, as is cuch needed with the growing coastal population, public assistance and education on coastal issues will facilitate shoreline development in a sound and efficient manner. 6B 70 Appendix I 47 GEOLOGICAL SOCIETY CA ibou Northeastern Section COASTAL GEOLO Ic MAPPING Portland, M. FISCAL YEARS 1989-1996 March 10-12, F Y 8 9 & 9 o S POSTER SESSION: COASTAL ZONE MANAGEMENT uthern Coast REGIONAL RESPONSE TO CHANGING SEA LEM AND Fy 91 & 92 Xcoast 11 Location: Sonesta Hotel, Portland, Maine ( will be held nearby at the Holida EU FY 93 & 94 Penobscot 1 ay Houlton 1 Date and Time. 'Thursday Morning March 10, 1 177-71 FY 95 & 96 DOWneast Shore Jacques J. Thibault*: COASTAL ZONE STUDIES BRUNSWICK [28631 ......................... Stephen X. Dickson*, Joseph T. Kelley, and Witherill: THE THREAT OF SEA-LEVEL RISE FOR COASTAL SAND DUNE DEVELOPMENT IN MAIN Stephanie A. DAgoatino*: MANAGEMENT APPROA OFFICE OF STATE PLANNING/COASTAL PROGRAM Jeffrey R. Benoit*: DEVELOPING PUBLIC POLIC AREAS OF COASTAL HAZARDS IN MASSACHUSETTS 67 Graham S. Glese and David G. Aubrey: PASSI OF MASSACHUSETTS COASTAL UPLAND IN RESPON SEA-LEVEL RISE [2a621 .................... Jon C. Bootbroyd*: GEDLOGlCAL ASPECTS OF CO MANAGEMENT IN RHODE ISLAND L28651 ........ Peter J. R. Buttner*: MANAGING A NATIONAL R WATER RISES: RESPONSE OF THE LONG ISLAND SYSTEM TO RISE IN SEA LEVEL [2867] ....... Susan D. Halsey* and Leita J. Hulses: COAST pole MANAGEMENT STRATEGGIES FOR BEACH/DUNE REHA AND HAZARD MITIGATION ALONG A DEVELOPED C NEW JERSEY EXAMPLES [28641 ............... Karl F. Nordstrom*, Paul A. Cares, and Riche 96 AUGUSTA Pronio: DUNE FORFJTION AND MIGRATION ON JERSEY SHORELINE [2861] .................. Evelyn Raurmeyer* and Wendy L. Carey: NON-S 95 SHORELINE EROSION CONTROL: CHESEPEAKqE BA [5591) ................................... 94 *Denotes presenter INC PORTLAN For more information on this session contac Survey, State House Station 229 August&, ME 92 93 For information concerning registration, acc 91 contact Stephen C. Pollock, Dept. Ceoscience Veh CRCS Gorham, ME 04038, (207) 780-5350 DEPARTMENT of CONSERVATION 89 & 90 EXHIBIT E-4 pliank you by Art Garland At the end of Septe-.!!,,:- a qroup of girls and bovs frorn the Emery @;cl I in Biddeford took a tour of the Reserve. Afterwards (no doubt under the pi.. ',jing ot theie teacher) each of them wrute a "thank you" note to the docent who I'd the tour. Here are some excerpts fror. their letters: "My favorite part was the sn,@kes and the WeZZs NationaZ deer tracks." "Oh, I think your place is big and especially the walk." "Xy legs are tired. " "My favorite thing 'hich you showed us was the tree with the s,@aped off bark from the deer." "I liked Lh, traps the most and the red-tailed hawk." "The think I liked the most about the L.-in is when we got to see the coral rock. Iliked it because it looked like a beehive." 1haTik you for letting us come to see the I-oj,! house and tli@ir favorite color yellow." "The trail was OK, it was a good trip." "My fa,,orite part Was Estuarine Research Reserve the bushes where the deer had been and the nibbled off ends." "I liked Lhe tree stubs and the fish you caught." "The Canada Geese that tried to make a V were intereSLing." "Well I hope you had a good time too?" Any and all of our docents have the answer to that last question - a very definite "Yes". it's rewarding to take any group on a tour of the Reserve, but there is a little extra sense of satisfaction when your tour group A D V I S 0 R Y B U L L E I I N is composed of young girls and boys. Making a Bird List by Art Garland Over the past spring, summer and fall the docents kept a list of the birds they No. 10 saw during the tours they led through the Reserve. The following 77 spccies were observed. Jqnuary, 1986 during this period: Double-crested Cormorant, Great Blue Heron, GreaL(American) Heron, Snowy Egret, Canada Goose, Black Duck, Turkey Vulture, Cooper's Hawk, Northern Harrier, American Kestrel. Semi-palmated Plover, Black-bellied Plover, Whi.brei . Willer, Greater Yellow-legs, Lesser Yellowlegs, White-rumped Sandpiper, Dunlin, Short billed Dou-itcher, The Wells National Estuarine Research Reserve is a combined effort by Federal, State, Semi-palmated Sandpiper, Great Black-backed Gull, Herring Gull, Ring-oillEd Call., Bona- L,n and Local groups to protect and make accessible to the public one of the last undev- parte's Gull, Common Tern, Roseate Tern, Rock Dove, Belted Kingfisher, Northern Flicker, elcped stretches of coastal land in Southern Maine. The primary goal of the Reserve Hairy Woodpecker, EaSLern Kingbird, Eastern Phoebe, Eastern Wood-Pewe,, Horned Lark, Tre@ is to promote research and education in order to better understand estuaries. Inform- Swallow, Barn Swallow, Blue Jay, American Crow, Black-capped Chickadee, House Wren Brown ation learned through studies in the Reserve wLI1 foster wiser management of coastal Creeper, Wood Thrush. Veery, American Robin, Cray Catbird, Northern Mocl.ingbird, Brown resources. Thrasher,. Cedar Waxwing, European Starling, Solitary Vireo, Nashville Uarbler, Black & White Warbler, Blackburnian Warbler, Chestnut-sided Warbler, Yellow-rumped Warbler, Palm Warbler, Yellow Warbler, Ovenbird, Common Yellowthroat, Rufous-sided Tovh@e, Savannah This Advisory Bulletin is to inform you of events occuring at the Wells National Es- Sparrow, Song Sparrow, 61hite-troated Sparrow, Bobolink, Eastern Meadowlark, Red-winged tuarine Research Reserve. For further information, please contact Bob Humphrey. Mana- Blackbird, Brown-headed Cowbird, Common Grackle, House Sparrow, Americai, Goldfinch, ger WNERR. Post Office Box 1559, Wells, Maine 04090. Telephone (207) 646-4521. House Finch. This is a start at developing a bird check-list for the Reserve. Obviously several more years of observation are needed before such a list can be prepaied. Equally ob- CONTENTS PAGE vious is that a tour, where a wide variety of things need to be Pointed OUt (not to mention the. need to keep an eve on the ground for animal signs), is not the best way to Thank you by Art Garland . . . . . . . . . . . . . . . . . . . . . . . . . . I observe birds. With the exception of the warblers and a few other species on the list, Making a Bird List by Art.Garland . . . . . . . . . . . . . . . . . . . . . 1 this conclusion is underscored by the predominance of large and/or easily recognizable Interim Manager Begins . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 species. What seems to be called for is an organized schedule of bird walks led by Manager Selection Committee . . . . . . . . . . . . . . . . . . . . . . . . 2 docents or volunteers who are experienced birders. These walks should be publicized Visitors Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 so chat vacationers to our area who are birders would be attracted t, Lhem, and thus Reserve Opening Delayed . . . . . . . . . . . . . . . . . . . . . . . . . . 2 generate interest in the Reserve and the Laudholm Trust. New Overlook Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Stone School Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Reserve Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . 3 Management Plan Revision Committee . . . . . . . . . . . . . . . . . . . . 3 Study Defines Health of Salt Marshes . . . . . . . . . . . . . . . . . . . . 3 Studies Approved for 1988 . . . . . . . . . . . . . . . . . . . . . . . . . 4 Productivity of Wells Salt Marshes . . . . . . . . . . . . . . . . . . . . 4 interim Manager Begins Scone School Agreement The Stone School and the Bob Humphrey began as Interim Manager October 5, 1987. Bob's major respon- Reserve sibilities have been to keep the ship afloat and see that things continue to run have formalized an agreement whereby smoothly while the Manager Selection Committee works on a permanent replacement the Stone School will conduct outdoor for Steve Meyer; all this while trying to write his M.S. thesis and teach a class education programs on the Reserve at UKass, Amherst. That explains why he may have been hard to reach at times. next year. V Manager Selection Committee Reserve Advisory Committee Meanwhile the M.S.C. has moved forward in trying to hire a new Manager. The The Reserve Advisory Committee met,..... Research and Education Committee reviewed all applicant's resumes and submitted on November 17th. The FY'88' b A. te!` their final recommendation to the M.S.C. The Selection Committee then narrowed the was approved with minor changes. Also field down to 6 finalists who will be interviewed in early January. Good Luck! discussed were the status of Visitor Center Construction, Management Plan Revision, Manager Selection and Personnel Review. A conflict over Ylacement of a new gate was also resolved. Visitors Center Management Plan Revision Committee V The Management Plan Revision Committee (14PRC) "finally" met on December 16th. _-J The target date for completion of the Visitors Center Construction Contract Dr. Franz Anderson, Jackson Estuarine Lab; Lily Kendall, Laudholm Trust; Ed Moses, C) was delayed by questions of handicapped access, a fire escape and insulation. It U.S. Fish & Wildlife Service;, and Bob Humphrey. Reserve Manager attended. Mort should be ready to take out to bid by the end of this month. Hopefully work will Mather was a dded to the Committee and also attended. Other committee members in- begin in the new year. cl.d .: David Keeley,Stace Planning Office; Tom Cieslinski, Maine Buceau of Parks & Recreation; and Lorraine Stubbs, Maine Bureau of Development. The MPRC agreed that it was necessary to wait until the new manager comes on Reserve Opening Delayed board and becomes familar with the program before we proceed. The manager should be "key" in determining what revisions need to be made and what is the best way to do it. Meanwhile all committee members will have their homework to do'. Each was It was hoped we would be able to open the Reserve to limited public use this (will be) given a copy of the former plan and asked to study and be prepared to fall. For a number of reasons, including: breaking in a new Manager, delay in the comment at.the next meeting. construction of the entrance sign, the current state of buildings on the property, the official opening will be delayed until at least next Spring. Study Defines Health of Salt Marshes New Overlook Signs A study of Production, Nutrition and Ecological Health of the Wells Salt Marshes was conducted by Dr. Fred Short of the Jackson Estuarine Lab, U.N.H. He found that although the Little River marsh was not impacted by human activity it is not a typical The Reserve recently received 3 new interpretive signs for the overlooks. The New England high salt marsh. Wracks of dead vegetation, which produce shallow pannes signs contain photos. diagrams and a narrative that describe Estuaries, Barrier and ponds, transport of sand across the barrier island, and scouring by ice are all beach and the Tide Gate. The signs were fabricated by Proto Productions of Chicago, induced by the marshe's proximity to the ocean. the new employer of.Steve Meyer. Steve is doing well, by the way, and sends his The Drakes Island marsh has been altered by a tidal dam restriCLion. The marsh regards. is productive but is evolving into an upland community as it is being invaded by terr- estrial plant species. Based on his definition, Dr. Short feels neithdr marsh is a healthy salt marsh as they do not tend to preserve themselves as matsh.s. pp1p Studies Approved for 1988 Two studies were recommended for funding by NOAA for 1988. Dr. F. Short will conduct a study entit1ed: Declines in Eelgrass Research Reserves along the East Coast, U.S.A.; Problems of Pollution and Disease.-Year 2. Drs. L. Deegan and J. Finn will conduct a study entitled: Are Critical Habitiats Determined by Life-history strategies or habitat availability? Productivity of Wells Salt Marshes Dr. Robert L. Vedas recently completed a study on Salt Marsh productivity on the Wells Reserve. What follows is a synopsis of his findings. The Little River marsh is in a nearly pristene state and productivity estimates were nearly 6 to 10 times greater than the Webbannet River marsh which was impacted by wave splash and petroleum spills from boat traffic. These estuaries contribute significant amounts of energy and biomass to nursery areas and to fisheries in nearshore waters. Commercial and recreational fin and shell fishermen depend heavily on the energy derived from estuarine plants. The Wells Estuary is particularly important as it has the highest estimates of productivity for S. altern- iflora (salt marsh cord grass) yet reported for the Gulf of Maine and New England. The difference in productivity between the Webhannet marsh and the Little River marsh points out the potential impact of human disturbance or encroachment. Estuaries provide the energy base for most inshore and nearshore fisheries and nursery areas for some offshore fisheries. Because of the location and fragile nature, of estuaries, humans can seriously impact their health and productivity and thus the quality of local fisheries.. When we impact an estuary we are doing more than disturbing a vital link in the food chain. and upsetting the natural balance of the ecosystem (both of which should be our primary concerns). We are also impacting our own-commercial and recreational resources. 3T- TheWells Reserve The Wells National Estuarine Research Reserve Richard H Silkman Executive Department Planning Office State HOuSe State Augusta ME 04333 3 I I ADDRESS CORRECTION REQUESTED I I I I I I I I I I I I I I I I I I 11 3 666E 14102 6601 r I