Developer cut eagle nest tree, filing says

MDI ISLANDER JUNE 16TH, 2005

Developer cut eagle nest tree, filing says
by Mark Good

TREMONT — The owners of properties abutting the site of a controversial pier proposed for Seal Cove have asked the Maine Board of Environmental Protection to reconsider a permit for the project granted by the Department of Environmental Protection (DEP).

Members of the Paine family, through their lawyer, Doug Chapman, have requested the board assume jurisdiction from the DEP and hold a public hearing on the permit by rule accepted by the department on Jan. 18.

In documents filed with the board June 6, Mr. Chapman argues that the pier applicant, Rob Egbert, violated conditions of the DEP application and misrepresented or failed to fully disclose the facts in the application and associated submissions.

Mr. Chapman maintains that Mr. Egbert has violated the conditions of the application in two ways.

First, Mr. Egbert and/or his agents have cut vegetation on the 23-acre Seal Cove property in violation of DEP regulations, Mr. Chapman writes. Specifically, a 36-inch diameter spruce tree containing an eagle or osprey nest was cut down along the shore. An affidavit included in the filing indicates a second tree — 24 inches in diameter — was also cut down within the shoreland zone.

Secondly, Mr. Chapman claims that Mr. Egbert has failed to show “continuing right, title and interest in the property” since the DEP permit application was filed. Mr. Egbert’s standing on the application was based on a purchase/sale agreement he had with the estate of Joan E. Fisher. However, when the sale was completed in April, the owners of record were developer Pritam Singh and his wife, Ann Johnston. Mr. Egbert has since been identified as the couple’s future son-in-law. On May 26 Mr. Egbert and his fiancée, Charan Kaur, were conveyed a 13 percent interest in the property.

The issue of Mr. Egbert’s standing was discussed at a recent Tremont planning board meeting. The planning board, after consulting with the town’s attorney, determined that Mr. Egbert retained his standing for the application before the town.

Mr. Chapman, in his filing, interprets state law as to require Mr. Egbert to disclose “all relevant facts” regarding the permit by rule application, not just those that are favorable to his project. Due to the “truncated and speedy” permitting allowed under the permit by rule process, the applicant has a duty to make a complete disclosure of all relevant facts and must either conduct a good faith investigation into determining what is relevant to the application or note the absence of such an effort. Mr. Chapman maintains Mr. Egbert failed to do so.

As an example of this failure of Mr. Egbert’s part, Mr. Chapman has included in his filing assessment studies conducted by environmental consultants regarding wildlife found in the area of the proposed pier. One study shows that the area is considered a significant wildlife habitat under the Maine Natural Resources Protection Act. Another study shows the area at the end of the proposed dock is of high habitat value. Mr. Egbert’s application lacks any mention of these environmental considerations, according to Mr. Chapman.

Mr. Chapman also disputes Mr. Egbert’s contention in his permit by rule application that the proposed pier conforms to any local shoreland zoning ordinance. He writes that, at the time the application was filed, “it was virtually impossible for anyone to conclude whether or not the proposed activity” would be in conformance with local ordinances.

In a related matter, Mr. Singh did not meet with Maine Coast Heritage Trust to discuss a conservation easement for the Seal Cove property as he said he would at a June 7 public hearing in Tremont.

“He said his schedule changed and he had to reschedule,” David MacDonald, the trust’s director of land protection said this week.

Mr. MacDonald said Mr. Singh plans to meet with trust officials some time next week.

“Maine Coast Heritage Trust thinks it’s an important property,” he said, adding that at one time the trust had been working with the previous owner, Mrs. Fisher, to establish an easement.

An easement on the Singh property would add additional protection to the area, Mr. MacDonald said. The Paine family has put about 250 acres adjacent to the Singh property into a conservation easement. In addition, Acadia National Park has a 50-acre easement on Dodge Point, across the cove from the proposed pier, Mr. MacDonald said.

Putting land into a conservation easement is a lengthy process, Mr. MacDonald said. First, the trust looks carefully at the property to size up the resource and ensure it will provide important benefits to the public.

“In the case of [the Singh] property, we know it does,” he said.

Then, the trust looks at the impact conservation will have and works with the landowner to determine what type of uses the easement should allow. The trust and landowner jointly develop the easement.

The pier will be the subject of another planning board public hearing, scheduled for 6:30 p.m. Tuesday, June 21 at the Tremont Community Center. The June 7 public hearing was cut short after the planning board granted the applicant a continuance.