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Naples Vows Suit in Clear-Cutting Case on Long Lake

June 06, 2010 - NAPLES -- After failing to come to agreement during negotiations, the town of Naples was expected to file suit in Cumberland County Superior Court this week in an attempt to force a Windham-based developer to replant a waterfront property on Long Lake that was clear-cut earlier this year.

According to Naples' town attorney Geoffrey Hole of the Bernstein Shur law firm in Portland, Naples will also be seeking the maximum penalty against John Chase, owner of Chase Custom Homes, Route 302 in Windham. The fine could extend into the hundreds of thousands of dollars.

"I can't discuss specifics, but I can say we will seek maximum penalties and a reforestation plan," Hole said Tuesday.

Naples Town Manager Derik Goodine confirmed the town's planned lawsuit.

"We are filing suit to fine them and get a better reforestation plan," he said.

Carlisle Tuggey, a Preti Flaherty attorney who is representing Chase, did not return phone calls seeking comment.

Chase owns a property on the western side of Long Lake near the Four Seasons Camping Area. A landscaping contractor, whose identity remains a mystery, cleared the single-family property of all trees and shrubs earlier this spring. Residents who attended a packed Naples Board of Selectmen meeting in May expressed concern that the denuded property would encourage others to clear their land and cause erosion that can impact water quality.

"The law is pretty clear" regarding removal of trees in the shoreland zone, said Lowell. "We just want to see the law upheld."

Lowell said his group won't be satisfied with anything less than a significant fine and replanting of trees of similar size that were removed.

Lowell said he's never seen such a complete clearing of property along a water body in the Lakes Region. He believes the Chase property, if left in its current state, would encourage other developers and homeowners to clear-cut properties to improve land value and views. For that reason, Lowell wants the town of Naples to be tough with the Chase violation, in order to send a message to others who may pursue a similar deforestation plan of their lakeside property.

"This ought to hurt. It ought to get (Chase's) attention and discourage anyone contemplating something similar," Lowell said.

While the town will pursue financial damages, which increase each day the Chase property is out of compliance, it will also seek a "better reforestation plan," according to Goodine. Specifically, the town would like to see placement of similarly sized trees and variety to those that were removed earlier this spring.

Lowell explained that a mixture of hemlock, white pine, maples, and fir trees will not only reflect what was on the property before the clear-cutting, but will prevent erosion.

"The key is to pick species that can handle damp soil as well as intense sunlight. A community of trees, ground cover and shrubs will ensure that this area can be reestablished successfully," Lowell said.

by John Balentine, Lakes Region Weekly, June 4, 2010

Lakes: Long Lake
Regions: Sebago


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