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Former Assistant Code Enforcer Fired for Raymond Pond Violation

July 26, 2000 - RAYMOND -- Paul White, a former assistant code enforcement officer in Raymond who has come under heavy criticism for code violations at his home on Raymond Pond, was fired last week from his job as Eliot's code enforcement officer.

Meanwhile, Raymond and state officials are still trying to work with White to resolve code violations related to his Raymond property, where he has been performing significant upgrades to his home overlooking the small lake.

The Eliot Board of Selectmen on July 15 voted 3-2 to dismiss White on grounds that his failure to obtain proper permits regarding his Raymond property have compromised his authority as the town's building code enforcer.

"The big thing is he's a code enforcement officer, and he broke the law," said Selectman Orland McPherson, who made the motion to dismiss White. "We've fired some cops in this town and they did the same thing. They broke the law in another town. It isn't any different."

One of the two dissenting selectmen, Michael Moynahan, disagreed with the decision to fire White.

"It was a poor decision," Moynahan said of the firing. "It shows the lack of leadership in our town, not to support a hard-working employee of the town. To do that is just wrong."

While White's future with the town of Eliot is settled, the zoning issues in the town of Raymond have yet to be resolved despite deadlines issued to White by the Maine Department of Environmental Protection which is overseeing the case. To date, White has submitted several restoration plans regarding violations of the state's shoreland zoning statutes as well as the federal Natural Resource Protection Act. According to Jeff Kalinich, an enforcement official with DEP, none of White's plans have resolved issues the state has raised concerning White's property on Raymond Pond.

"We're still working toward an acceptable restoration plan" with White, Kalanich said. He said he plans to meet Monday with White to further pursue an acceptable restoration plan.

White was issued a notice of violation on his Raymond property in early May. At issue are several projects White didn't receive authorization to complete as part of a home and property renovation. According to Kalinich, White installed an access path to the lake that cut into the side of the hill, expanded a patio area, built a wall 8 feet from the water and removed several large trees. In performing these projects, Kalinich said, White also failed to take steps that would have prevented erosion and sedimentation.

None of the three restoration plans White has subsequently submitted to Kalinich "had an erosion control plan even though I asked for it every time," Kalinich said.

The delay regarding a restoration plan has neighbors worried. According to Robert Fogg, who alerted town officials to the zone violation in May, White should have submitted a restoration plan by June 15.

"He was given a deadline. I am surprised he has failed to meet it. My biggest concern, however, is to get the area restored and get it under control," Fogg said.

Fogg has lived on Raymond Pond since the 1960s and said the lake suffered from algae blooms caused by nutrient run-off associated with heavy development in the 1970s.

"Our lake is fragile because of development," Fogg said. "The more problems we create, the more issues we're going to have, and the less the property values on this lake will be."

While White wouldn't comment on the matter to the Lakes Region Weekly, he said during the meeting that there were several reasons why he violated the town's shoreland zoning rules.

"I got ahead of myself without talking to (Raymond code enforcement officials) about it. ... It just got away from me," White said. He also said he's been preoccupied by volunteering for the road association and "doing way too much." He said his son did part of the work on his own and may have added to the work that led to the code violations.

White also said he had a permit for the original work but that he went beyond the scope of the permit as he began renovating his home and building a new patio and path.

He also blamed Fogg, though he never named him but described him as his next-door neighbor, for "having an interest in this" telling the board that Fogg wanted him off the lake association and notified the town of the code violation one week before a lake association election. When asked about this, Fogg said he wanted to clear up rumors that are swirling around town regarding White's comments.

"The answer to that is this: I didn't go over there and dig up the banking, or remove those trees. He needs to own up to his responsibility. I had nothing to do with the activities on that property. What was done here was done by Paul White," Fogg said.

Since he has admitted to violating codes, White will likely have to pay fines. According to Kalinich, the DEP has a formula to determine fines, which has yet to be determined in the White case. And according to Raymond's code enforcement officer Chris Hanson, the town of Raymond could also decide to "go for further fines regarding excavation within a shoreland zone."

by John Balentine, Lakes Region Weekly, July 22, 2010

Lakes: Raymond Pond
Regions: Sebago


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