Staff Writer
The Maine Land Use Regulation Commission (LURC) has ratified two administrative settlement agreements with two Aroostook County landowners to resolve land-use violations at properties on Madawaska Lake, according to LURC.
Of the two administrative settlement agreements, one was given to Roger Roy, of Caribou, managing partner of Rainbow Cove LLC; the other was given to Jerold and Constance Tucker of Stockholm. LURC issued the settlements to both parties on Wednesday, Nov. 5.
According to LURC, Rainbow Cove LLC violated the terms of their LURC issued development permit in 2007, when they altered a stream channel on their property. The alteration resulted in erosion, displaced vegetation, and sediment discharge into the stream. Rainbow Cove LLC was also operating a commercial campground in noncompliance with the terms and conditions of their permit.
Rainbow Cove LLC installed two gravel pads for recreational vehicle (RV) parking too close to the stream channel and allowed RV's to remain on-site at the campground beyond the 90-day limit set by LURC. Some of the campers had been there for years at a time.
Rainbow Cove LLC had also installed decks and other accessory structures that were built in violation of the LURC issued permit.
Under the conditions of the settlement agreement, Rainbow Cove LLC is required to pay a civil penalty of $2,000, restore the stream channel to its original state, and bring their campground into full compliance with the terms specified by their permit.
The Tuckers, who have already rectified one of two violations, are required to pay a civil penalty of $1,750 for violations associated with the construction of a carport without a permit and a shed in violation of the Commission's minimum setback requirements from Madawaska Lake and a property boundary line, according to LURC.
The wood shed, which was built in 1989, is located 58 feet from the shoreline of Madawaska Lake and 1 foot from a side property line.
“The regulations exist for environmental protection and to combat zoning issues in the respect with trying to ensure that incompatible uses aren’t occurring right next to one another,” said Bill Galbraith, who works for the Permitting and Compliance Division of LURC.
The Tuckers’ carport was built in 2007 despite being denied a construction permit by LURC.
"The location on our lot where LURC would permit us to build required extensive excavation and the removal of several trees." stated the Tuckers, "We chose to locate our carport where it would have a minimal impact on the environment, but that was ultimately ruled 'out of compliance' by LURC."
"The placement of our carport and woodshed were suited to the shape, dimensions, and unusual features of our lot, including a steep grade from the road to the shoreline," stated the Tuckers, "We believe LURC's one-size-must-fit-all approach precludes their considering unique situations and proposing more sensible solutions."
The Tuckers have received an after-the-fact building permit for their carport. According to LURC, the settlement allows for the unauthorized shed to remain in its current locations for as long as it remains in serviceable condition and as long as the Tuckers own the property.
In a statement by LURC, the settlement with the Tuckers also states that should the shed become damaged or destroyed, it cannot be repaired or replaced unless a permit is issued to them by LURC. Should the Tuckers convey the property, the shed must be removed.
"It is our opinion that LURC should revisit their cookie-cutter regulations and adjust them to consider aesthetic and 'best practice' environmental issues," said the Tuckers.
