By Dawn De Busk

Staff Writer

CASCO — One neighbor wishes to have the non-buildable lots he owns on Thomas Pond removed from the Resource Protection District (RPD) zone.

In order for a zone change to occur, the matter would have to go to annual town meeting. 

More than 75 people showed up to the public hearing during the Casco Board of Selectmen meeting. The majority of people, mostly property owners, spoke against the zone change, expressing concerns for what would happen to the water quality and the wildlife habitats. 

Thomas Pond encompasses more than 400 acres and two towns, Casco and Raymond. The perimeter of the lake measures more than seven miles. 

Dan Grotto’s land is accessible off Watkins Shores Road. Grotto hired environmental consultant Mike Morse, now employed by Archipelago in Portland, to assist with the shoreland zone issue. At one time, Morse used to work for the Department of Environmental Protection (DEP), specializing in shoreland zone law. 

During the public hearing on April 26, Casco Town Manager Anthony Ward introduced the subject. 

“We have received a request to change the zoning code for the Resource Protection District for Watkins Shore Road,” Ward said.

The change — if adopted by townspeople — would impact 20 lots, 16 of which are already developed, and two rights-of-way, according to Morse.

During his presentation, Morse stressed that if the land was removed from Resource Protection Zone, the shoreland zoning laws would remain intact. In other words, the property would still be subject to rules laid down by the Shoreland Zone Ordinance. 

“The ordinance has strict standards. A home cannot be closer to the lake than 100 feet. That is the subscribed buffer that protects the lakes from impact of development. That has already been established by the most restrictive agency in the State of Maine,” Morse said. “Contractors doing this soil disturbance are required to becertified in best practices.”

He explained how he got involved in this proposed zone change in Casco.  

“I was engaged by a particular land-owner to assess whether the Resource Protection District (RPD) is required. I concluded that it is not required to be resource protection district,” Morse said. “While conducting my research, I discovered a discrepancy between the Town of Casco Zoning Ordinance and the zoning map.”

Morse had a discussion with Casco Code Enforcement Officer (CEO) John Wiesemann prior to looking into the zone change more in depth. Later, he shared his findings with Wiesemann. 

“The CEO agreed with our determination, and the town would move forward and have it on the upcoming town meeting in June,” Morse said. 

“Through my analysis, there are no endangered or threatened species habitat anywhere on Thomas Pond. The nearest habitat is two miles away,” Morse said.

This means that endangered or threatened species do not live on this part of the pond, he said. However, such species may stop over on the pond and be seen there, he said.  

After Morse spoke, a few people living off Thomas Pond questioned whether he was acting in the best interest of protecting the water body. At least one person asked if the town could hire a third party to give another opinion.  

Lou Watson is an abutting landowner on Watkins Shore Road and has lived there for 30 years.

“Have you asked the DEP to come down and look at that property,” Watson asked.  

Morse responded to Watson. 

“The answer is no. The data is readily available. The DEP has comprehensively reviewed all wildlife that have habitat value. I have a hunch they have looked at it,” Morse said.  

Watson said, “So you know your way around the rules of the DEP quite well?” 

Morse said, “I do understand those regulations. I don’t make a personal goal of trying to get around or find loopholes.”

Longtime resident and former town manager Dave Morton stepped forward to make a couple comments.

“If the town needed someone on land-use matters, his name would be on the top of the list. I think it is inappropriate to question Mike’s integrity,” Morton said.  

The Shoreland Zoning Ordinance was adopted in 1978. The zoning map — some of it was factual and some was speculation, Morton said. 

Peggy Jensen, of Raymond, said the town should approach the change with caution.  

“Our towns share a couple pristine water bodies. The greatest threat to our water bodies is phosphorous. When we get low readings for dissolved oxygen, particularly near the bottom of the lake, that is a signal thatwe might get a release from the sediment that have been there for many years. This is the canary in the coal mine. If you are getting phosphorous returns in the water, that is the big problem,” 

“Who would benefit from the zone change?

What happens to the rest of the property owners in the channel? Changing that zone would result in activity on that land,” Jensen said. “What if that change results is degradation of the water quality of Thomas Pond to the point that land cannot be sold for what it is worth?”

Donna Murphy, of Casco, shared her viewpoint.

“This is a beautiful piece of land, and all of us have enjoyed it,” Murphy began. “I don’t thinkanyone can deny we are in a climate crisis. Yes, we are. We cannot change what we have done. What we can do is to recognize that everything we do matters. I would like to see that piece of land kept the way it is.”