Wiscasset Selectmen have entered into a consent agreement with Kevin Atkins of Wiscasset for a Shoreland Zoning violation. The consent agreement requires Atkins to pay a fine to the town, all costs associated with the violations, in the amount of $10,000.

Atkins asked the selectmen at their meeting Tuesday evening in lieu of the $10,000 fine he offered to do community service. Selectman Judy Colby asked what he had in mind for community service.

“Perhaps a soup kitchen or my professional services,” Atkins said. He was asked by the board what is profession is. He said he was in the printing and promotional field.

The selectmen discussed the offer briefly, and informed Atkins they were not willing to trade the fine for community service, indicating it is something that has never been done, and they did not want to set a precedent.

According to a memorandum to the selectmen from Town Manager Laurie Smith, on September 17, 2012, the town received a complaint of tree cutting.

A site visit from the Code Enforcement Officer confirmed that a large area had been clear cut. Further investigation over the next few days unveiled that the abutter, Kevin Atkins had cut the trees on the properly owned by Brian Potvin.  

The site was inspected again by the code enforcement officer and Mike Morse of the Department of Environmental Protection.

The findings of the investigation were given to the town in October 2012.

Thirty-two trees were cut within 75 feet of the upland edged of the coastal wetland. The stump diameters range from two inches to 27 inches. Seven additional trees located with the 75 foot setback had been drilled and poisoned, according to Smith’s memo.

Over the past few months the town have been developing a consent agreement and working with Richard Churchill, an arboricultural consultant who has been involved in many similar cases in the state of Maine. He assisted the town in development of a replanting program to restore the area.

The consent agreement establishes that should the project be sold within 10 years of the date of completion of the restoration plan. Atkins will pay the town the amount of increase in his property value caused by the enhanced views from his property determined by an appraisal funded by Atkins.

Town fined $16,000 by DEP

Wiscasset selectmen voted 5-0 to sign the administrative consent agreement with the Department of Environmental Protection for a violation of the town’s Waste Water Discharge License, at Wiscasset Wastewater Treatment Plant, with a penalty of $16,000.

The town will pay $11,000 to the Treasurer of the state of Maine upon signing the agreement; $5,000 is to be suspended in lieu of completion on scheduled of corrective actions, according to the consent agreement.

According to a memo from the town manager, the violation of the license occurred during 2011 when the effluent composite sampler was out of service.

Wastewater staff used the “grab” process to sample Biochemical Oxygen Demand during this times rather than the composite sample process.   

Through several meetings, and documentation of the operations at the wastewater station, DEP issued a fine of $16,000 with $5,000 suspended, with the understanding the town will submit to evaluation of disinfection system, including dye testing and the consideration of replacing the LMI pumps with peristaltic pumps.

Smith said in her memo, at no time during the testing period was Wiscasset discharging effluent that was above any allowed limits. This was a testing process violation not a discharge violation.

Other business

The selectmen voted to adopt the contract between the Wiscasset Police Association and the town of Wiscasset. They also voted to adopt the contract between the town and the District Lodge #4 of the International Association of Machinists and aerospace Workers and its Local Lodge S/89.

The selectmen made the following appointments: Luis Serrano, as member of the Ordinance Review Committee, with a term to expire December 31, 2014; Steve Christiansen was appointed as a member of the Cemetery Ad-hoc committee.

Charlotte Boynton can be reached at 207-844-4632 or cboynton@wiscassetnewspaper.com.