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Settlement Reached in Long Lake Clear-Cutting Case

January 10, 2011 - NAPLES - After nine months, a settlement has been reached between Naples town leaders and the owner of a Naples property who had clear-cut the vegetation from his property last March.


Under the settlement reached Dec. 17 after nine-and-a-half hours of mediation, John Chase, owner of Chase Custom Homes in Windham, has agreed to pay the town $65,000 in cash. In addition, a lien of $175,000 has been attached to the lakefront property on the western side of Long Lake in the event Chase sells the home to a non-family member within 10 years.

Also included in the deal is Chase's agreement to restore the vegetation that was removed last spring. The land clearing caused an uproar from lake residents and environmental groups worried about the clear-cutting's effect on lake health.


At public meetings held last May, Peter Lowell, executive director of the Bridgton-based Lakes Environmental Association, called for the Naples Board of Selectmen to impose heavy fines against Chase as a way to send a message against clear-cutting within a shoreland zone. Lowell, when contacted this week, was satisfied with the mediated settlement.


"We're very pleased that the town of Naples took a strong stand and that the resolution of this violation sends a clear message that should deter people from damaging the lakes by overcutting," he said.
The settlement was mediated by retired Maine Supreme Court Chief Justice Daniel Wathan, who was praised by those who attended the Dec. 17 mediation, including Naples Town Manager Derik Goodine.
"He was a good guy to work with," Goodine said. "He's got a ton of experience so when he spoke, we listened."


Now that the resolution has been brokered, Chase, who declined to comment, will need to re-vegetate the property according to the agreed-upon guidelines that will be overseen by the town's code enforcement officer, who can inspect the property at will. Chase must use a mix of deciduous and conifer trees, most of which must be greater than 4 inches in diameter as measured 4½ feet from the ground.


Selectmen who were at the mediation were also satisfied with the result. "We were trying to send a message (regarding clear-cutting) and hopefully we've done that," Selectman Bob Caron said.
Selectman Dana Watson, who would have liked to have seen a higher fine, said, "I think the town's lawyer (Geoffrey Hole) had it right when he said, when everyone is unhappy, that means it's a good settlement. I agree with that."


Another case

Just as the town has resolved one property-clearing case, another has arisen on Sebago Cove. According to Goodine, a property owner there, Gordon MacNevin of Beach Road, has removed more than 40 percent of the trees and vegetation from his half-acre lot, triggering another violation of the town's shoreland zoning ordinance.

"You're only allowed to cut down so much off the land, 40 percent of the total volume of trees," Goodine explained.


Goodine labeled the new case "ironic" as the violation took place Dec. 7 within days of Chase's mediated settlement.


"It really is ironic, but this one is different. He removed trees outside the 100-foot zone whereas Chase removed trees right on the shoreline. But we take each very seriously obviously," Goodine said, adding that the Board of Selectmen will take up the case at its next meeting.

By John Balentine jbalentine@keepmecurrent.com
Staff Writer, Keep Maine Current January 7, 2011



Lakes: Long Lake
Regions: Sebago


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