By Dawn De Busk

Staff Writer

NAPLES — The parties have come to an agreement after a tree-cutting violation that occurred in the shoreland zone following a home fire slightly more than two years ago.

On Monday, the Naples Select Board gave the go-ahead for the town manager to sign a consent agreement that will include a fine that is affordable to the landowner ($6,000) and a tree-replanting plan that adheres to the Shoreland Zone Ordinance.

Naples Town Manager Jason Rogers gave some background history and explained what has taken place to arrive at the consent agreement between the town and Naples resident Dave Keith.

“Back in 2022, Mr. Keith lost his home on 85 Bayou Rd. to a fire. In the subsequent months and years, he has demoed the burnt structure,” Rogers began.

The fire happened in late November 2022. The home is located where the Songo River feeds into Sebago Lake and in the proximity of what locals refer to as the Sand Bar.

“There has been a lot of interaction between the planning board, the town attorney, his attorney — it’s been going on for a while,” Rogers said.

“We are getting to the point where Mr. Keith can satisfy the fees to the town for some tree removal that happened and demonstrate that the septic system is adequate for the new structure. We are at a point move in which he can move forward with the construction of his property,” he said.

The parties had to come to a reasonable amount for the shoreland zone violation fines that had been accruing.

“When the trees were cut down, there are fees associated with that or fines that accumulate every day. I think upwards of $48,000. That is excessive. That is cost prohibitive,” Rogers said. “The time delays were a matter of going back and forth between attorneys and consulting with the Portland Water District and the Department of Environmental Protection (DEP).

“This is a shoreland zone property so we wanted to make sure we were doing it right,” Rogers added.

“In order to lessen the financial burden on Mr. Keith, but at the same time recoup the funds spent during the process, we developed an agreement. There will be a fine of $6,000 with the stipulation that the septic system will be inspected by code office,” he said.

Additionally, the property-owner presented a planting plan, which the code enforcement officer will inspect over the next five years to ascertain the plantings are successful, he said.

“I think the terms of the agreement satisfy both sides. At the end of the day, the goal is to allow Mr. Keith to be able to move forward with building on his property,” Rogers said.

Select Board member Stephen LaPointe responded with a question.

“So, you are telling us the town is satisfied at this point,” LaPointe said.

After Rogers said the town was pleased with the agreement, LaPointe said, “Sounds good to me.”

Ted Shane, who joined the meeting via Zoom, invited Town Attorney Amy K. Tchao, of Drummond Woodsum, to speak on the legal document.

Tchao also attended the meeting remotely. 

“Jason [Rogers] did summarize the agreement pretty well and the negotiations,” she began.

“There are two general issues that this consent agreement resolves. It resolves some cutting of trees in the shoreland zone. There is going to be a replanting plan. It also prescribes the process of the timing of the rebuild project to take place based on the submission of the materials that the CEO has made clear are needed and [Keith] has agreed to provide. All with a deadline of later this spring,” Tchao said. 

“From the town’s perspective, we have worked this out,” she said, suggesting the board amend the motion to authorize the town manager to sign for select board.

“It can be notarized so it can be recorded in the Registry of Deeds,” Tchao said. 

Select Board member Shane asked a question, saying it will be something people in the public will ask.

“If he replants trees and they do not grow, is there a timeframe that he has to plan something else that will grow,” Shane asked.

The replanting timeframe is five years. 

“Yes, if there is a mortality [of plantings] the design of the agreement is to address the mortality within the five-year period,” Attorney Tchao said. “After 5 years, you are pretty sure that they will live.”

Shane suggested keeping a record of this in the Naples Code Office.