Attorney briefs selectmen on upcoming contempt trial

Edgecomb seeking favorable ruling in Superior Court June 28 against Gleason Road property owner
Thu, 06/23/2016 - 8:15am

Edgecomb’s attorney believes the town will prevail in its contempt of court lawsuit being heard June 28 in Superior Court in Wiscasset, against a Gleason Road property owner. Bill Dale told the selectmen on June 20 the facts favored the town’s argument because the defendants — Marine Stephenson Trust and Southport businessman Timothy Stephenson — are unlikely to ever use the property for its proposed commercial use of wood processing or rock crushing.

Dale explained that Stephenson had failed to receive planning board approval for the two operations and the property didn’t qualify for a Maine Department of Transportation commercial exit and entrance permit along Route 27.

“He simply can’t get the DOT permit because he doesn’t have the required site line for the large commercial trucks entering and exiting the site,” Dale said.

Dale said the case was less about punishing the defendants and more about simply cleaning up the property.

“We’re just trying to bring this to a head. We’re not looking to punish him for not abiding by the previous consent agreement, but, put this before a judge and get him (Stephenson) to clean up the property,” Dale said.

In 2013, the selectmen and Stephenson entered into a consent agreement requiring the property owner to meet several requirements to avoid paying the full $25,000 settlement. The agreement required the trust to pay $5,000 immediately and the remaining $20,000 would be waived if two deadlines for removing debris were met.

The selectmen claim Stephenson never abided by the consent agreement. In March, Stephenson said he fulfilled the agreement’s terms. In April, the town filed a contempt motion in Superior Court.

In March, selectmen described the property’s current condition as a “junkyard.” On March 14, selectmen directed Dale to begin contempt of court action against the Stephenson Marine Trust and Stephenson. The selectmen complained about several large pieces of heavy mechanical equipment — such as a 75,000-pound excavator — being on the property.

The selectmen said lobster traps, once neatly stacked, are now strewn along the back section, and a Ford Excursion, a large sport utility vehicle, is now on the property. Selectman Mike Smith said the unstacked lobster traps were less of a problem than the property’s overall appearance.

“It’s all the stuff beyond the lobster traps that’s our biggest concern,” he said.

The case will be heard at 1:15 p.m. on June 28.

In other action, Code Enforcement Officer Stan Waltz updated the board on three land use infractions. Waltz reported that Cross Point Road property owner Leo Jacob would meet a July 1 deadline for bringing his trailer up to code. Jacob is required to place cement donuts under the trailer and put skirting on the roof.

In the second issue, Waltz reported two Old County Road residents were close to resolving a dispute. The town received a complaint that property owner David Santello had parked trucks blocking a neighbor’s right of way to his property. Waltz reported the right of way was no longer blocked and Santello had removed most of the vehicles in the right of way.

In the third issue, the selectmen voted 3-0 absolving a Sheepscot Village condominium owner for violating the land use ordinance. Karl Olson represented the owner and said the violations were “minor and unintentional.” The violations included a one-bay garage being built within the 50-foot road setback and an improper drip line.

The selectmen also signed contracts with William H. Brewer and Company for $8,800 to perform the town audit, and Lincoln County Animal Shelter and Coastal Humane Society for $1,249 regarding animal control expenses.

The board will meet next at 6 p.m. on Tuesday, July 5.