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Serving Bridgton and the surrounding towns of Western Maine since 1870. Vol. 150, No. 45
16 PAGES - 2 Sections
Bridgton, Maine
November 5, 2020
www.bridgton.com
(USPS 065-020)
95¢
Planners define ‘filling,’ send ruling to judge By Wayne E. Rivet Staff Writer Applying Webster’s Dictionary definition to excavation work in the Stream Protection Zone as part of the Hotel Bridgton project, Bridgton Planners voted 3-0 last week that the proposed work does not constitute “filling.” The decision is a response to a remand order from Superior Court Justice Thomas R. McKeon, who agreed on appeal by Kennard Street abutters in August, to send the project back to the Planning Board to determine whether any of the work in the Stream Protection Zone is “filling.” Abutters Susan Hatch along with Sigvard and Judy Von Sicard (“Neighbors”) filed a Rule 59 motion asking Justice McKeon to reconsider his June 6 decision, affirming the Bridgton Planning Board decision to approve the hotel project proposed by local developer Justin McIver. Abutters argued that the Stream Protection Ordinance prohibits “filling” and the
hotel project could not be completed without the use of fill. “The provision in Item 27 of the Table in Section 14, including a ban on ‘filling’ presents a different problem. Neither side, however, points the court to anywhere in the record that construction of essential services in this project requires ‘filling’ as something distinct from ‘earthmoving’ or soil and water conservation,” the judge wrote in his Aug. 4 decision. “Unlike the term ‘earthmoving,’ the term ‘filling’ is not included exception for ‘earthmoving’ in Item 34. The Planning Board recognized that possibility by indicating that a condition of no ‘filling’ is in effect if the court finds it to be banned. The court, however, has not been presented with any definition of ‘filling’ or any specific activity to determine whether ‘filling’ will occur.” Justice McKeon reviewed the Planning Board’s “Finding of Facts” regarding “fill” and found no mention of the term. The judge found that planners approved “grading, earth-
Hotel Bridgton moving and revegetation” to install the stormwater management system as part of soil and water conservation efforts. The judge felt planners should determine whether the hotel project contains impermissible fill, “not the court.” Taking another look Last Wednesday, planners spent nearly 2 ½ hours hearing opposing attorneys give their take on what is permissible within the ordinance, while also considering how the term “filling” is defined and how it applies to proposed work in the Stream Protection area. The review fell into the hands of three planners — chairwoman Deb Brusini and full members Dee Miller and Ken Gibbs — as Dan Harden again recused himself from the proceedings (at the time the hotel was being proposed, he was Chamber president, and the Chamber came out in
support of the town needing a hotel). Member Greg Watkins was unable to attend “due to a family matter.” With three members present, the board had a quorum. Brusini did indicate that a final decision had to be unanimous. The attorneys — Mark Bower for Hotel Bridgton developer Justin McIver and David Louire, representing Kennard Street abutters — made brief oral arguments limited to evidence already in the record. No new information could be provided. Bower argued that area targeted for work in the Stream Protection area shows signs of previous activity (“gravel with grass growing through it”). Currently, a concrete culvert for drainage runs across the property and “increases the velocity of stormwater into the brook,” Bower noted. Bower said work such as grading, adding material and
new vegetation are elements of the project’s soil and water conservation plan. He said the measures are to stabilize soils, help direct stormwater away from the brook to improve water quality, and to prevent erosion — all of which, Bower said, is “the goal of Stream Protection in the first place.” He added, “Previous findings of the board were sound and should be upheld.” Attorney Lourie said the “essential object” of the Stream Protection Ordinance is to protect Stevens Brook. “No disturbance or limited disturbance of soil in the area, and no filling are allowed,” he said. “Mr. Bower says it is okay because it is an improvement. One man’s view of improvement not necessarily beyond dispute, like urban renewal, it may be good, but is it consistent with the ordinance?” Lourie said the point of contention is not whether the work is an “essential service” but rather whether action includes filling. “If it includes fill, it is not allowed under the ordinance,” Lourie said.
Quick count As ballot tallying went late into the night Tuesday as the result of an unprecedented turnout, here are some local decisions as The News went to press early Wednesday morning: • Incumbents prevailed in House of Representative races — HD 66 Jessica Fay HD 67 Susan Austin HD 68 Rich Cebra HD 69 Walter Riseman HD 70 Nathan Wadsworth HD 71 Sawin Millett • The same was the same in the State Senate races with Lisa Keim winning SD 18 and Bill Diamond again claiming SD 26. Rick Bennett earned a successful return to politics, capturing the SD 19 seat. • Town-by-town results appear on Page 5A. • Bridgton — Voters supported a marijuana licensing ordinance, that enables the town to charge fees, 2,392 yes and 847 no. • Harrison — Voters passed referendum questions regarding ordinance on mass gathering (814-681), flood plain (925-563) and building permit (769-724). • Raymond — Voters rejected RSU withdrawal 1,018 yes, 2,048 no.
Lourie then went to the definition of fill — “material to fill a low spot; pouring something into a hole.” Lourie also argued the area in question is “presumably undisturbed native soil.” Brusini pointed out that a test pit was dug in the Stream Protection district, according to a submitted topographical survey plan. “Regardless of how the applicant twists it, you can’t approve an unlawful plan… Training tells you all ordinance requirements be met to have application approved… The board must give credence to no fill in the Stream Protection zone,” Lourie concluded. First, planners dispelled the notion that the area has been undisturbed, citing the existence of an old fire hydrant, a water main leading to it, the presence of gravel and “soil somewhat disturbed.” Miller said if a drain pipe is installed as part of a conservation plan to redirect water away from the brook, thus preserving water quality, it is HOTEL, Page 8B
Bigger CDBG projects?
By Wayne E. Rivet Staff Writer Seeing a mother pushing her child, with bags of groceries in the kid’s lap, in a stroller up Willett Road as cars passed on both sides of the roadway, Selectman Bear Zaidman cringed. Walkers often jump into the nearby ditch as tractortrailer trucks travel by. With no sidewalks there and more people walking from developments on North High Street to Hannaford for groceries, Zaidman worries about public safety. As selectmen prepare for budget season and ADDING THE FINISHING TOUCHES — American Legion Post 67 members debate how Community Bob Downing of Denmark (left) and Liam Opie of Bridgton stake flags next to the Development Block Grant new gravestone marker for Moses Fogg. See how the stone came to be on Page 3A. funds should be spent, PROJECTS, Page 2A
Support moves SAD 61 to look at in-person By Wayne E. Rivet Staff Writer If SAD 61 returns to inperson instruction five days a week, the move won’t occur until January. The target date is Jan. 11, but many hurdles will need to be cleared before SAD 61 takes the leap to full inperson learning. Superintendent Al Smith updated the SAD 61 School
Board Monday night regarding results from a parent survey, as well as some return to school details. “It’s no secret I want to bring back students to a normal education platform of five days a week,” he said to those in attendance in the LRVC Great Room and 58 attending “virtually.” At the previous board meeting, Smith hoped for an
in-person return this month, but found through conversations with staff and seeing recent surges in Covid-19 numbers, it became an unrealistic date. A parent survey was sent out Friday, and initially, the district received about 400 responses. While the total reached about 500, school officials learned through a Facebook posting Sunday
that folks could respond more than once. Going into the process, Smith previously stated that if the district received 350plus responses and most supported a move to fiveday in-person instruction, it would be a good indicator to proceed onward with developing a plan. At 400, Smith considered it a good sample, and the response was 75.5%
Marijuana moratorium passed By Dawn De Busk Staff Writer NAPLES — A discussion planted the seeds of what regulations the town might want to pass before too many marijuana growing facilities take root in the town. The Town of Naples put into place a moratorium on all new marijuana-based businesses so it could create regulations based on what residents want while taking into account the reality of the legal business. “If you remember, we did a survey a couple years ago and we had [more than] 200 responses. The overwhelming response is that we don’t even want marijuana
in Naples,” Naples Town Manager John Hawley said. “But the issue is: that’s easy to say for retail storefronts because we can highly regulate those and not include them. But, we already have medical growers in our community that are allowed to exist because of state regulation. Do we want to further regulate that? Right now, we have no regulations. And, as you know, if we don’t regulate things, they tend to have a mind of their own.” The discussion that led to the most recent moratorium included Naples Town Planner Ben Smith and Naples Code Enforcement Officer (CEO) Renee Carter. Carter said, “I got a call
from a woman from Boston and she wants to do a medical grow. What is happening is that people are taking out medical marijuana growing licenses. People from outof-state are coming here and getting the licenses that normally Mainers would get. They are calling to see if they can find a barn to grow and, they don’t have any clients from Maine. On a weekly basis, I get calls from people asking where they can grow.” Another concern is that a group of caregivers can get together as a collaborative and invest in a growing space. While one caregiver is allowed only five patients and a certain number of
plants, a group of caregivers increases the number of plants and the size of the grow operation, Carter said. “We wanted to opt out. We didn’t want to be overrun with growing facilities. That was what the people [residents who answered survey] asked for,” she said. However, the state has jurisdiction over medical marijuana, which has been legal for much longer than adult-use recreational marijuana. “Medical marijuana is allowed to be growing,” Carter said. Bob Caron II suggested passing the six-month moratorium. MARIJUANA, Page 2A
supported the move to inperson. So, how will it work? Admittedly, Smith told the audience there are many points to tackle. What he could say right now: • When school resumes after the holidays, the week of Jan. 4 through Jan. 9 will retain the current method of instruction, hybrid and remote. • If approved by the school board and parents decide to send their children in-person, five days a week, the shift starts Jan. 11. • A great deal of discussion has already occurred regarding achieving 3-foot distancing in classrooms and other spaces. To satisfy this requirement, the district will need to ditch “tables” in classrooms and return to desk and chair units. Right now, there is no stock available. The order will be placed this week, with delivery expected
in five to six weeks. • Another figure to consider is 50 — Governor Mills has restricted gatherings to 50 in a room, which means SAD 61 will need to figure out how to distribute breakfast and lunch safely and maintain 6-foot distancing. “It’s going to take some work, take some time, but we can make it work,” Smith said. • Another consideration to push the start date back to Jan. 11 was in recognition that staff and students could be traveling during the upcoming holidays. Recognizing the surge in Covid cases, the district will look for a 14-day quarantine or a negative Covid test (the state has increased the availability of testing and faster results) if individuals travel out of Maine. “The hope is, use common sense. People have IN-PERSON, Page 3A
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