LIVERMORE – Violations to the Shoreland Zoning Ordinance and junkyard laws took center stage when the selectpersons met Monday night as Code Enforcement Officer Richard Marble gave his report.
Homer Clardy has cleaned up his property on Round Pond, but he is objecting to the $1,000 fine that the board assessed for the long-running junkyard he had there.
Through his attorney, Clardy stated he had complied with the cleanup order but had never agreed to pay a fine. However, as an act of good faith, he was willing to pay $250 with the remainder waived if there is no further violation within a year, bringing the matter to a close.
This was not acceptable to the board, as Clardy’s refusal to comply with the deadline had resulted in court costs in addition to Marble’s time at $25 an hour.
The board was also concerned about the finality of the situation as indicated in the attorney’s letter, which could have allowed Clardy to violate again with the town having no recourse.
“This is not a first-time offense; if we don’t stand firm, this is a game that will be played again and again,” the code officer said. He will make a counteroffer on the town’s behalf of a $500 fine plus a permanent injunction against having a junkyard on the property.
“I won’t go that way,” Clardy told the board, explaining he has been ill, can’t do the work himself and that it’s very hard to hire someone.
In another matter, placing of wood chips over a 54-by-68-foot area, and having a picnic table and fire pit within a buffer area on the Long Pond property of Timothy and Lisa Chouinard brought a $250 fine and an appearance by the couple.
They argued they had complied with the conditions, had merely chipped the dead branches on the property, that the town’s assistant fire chief had approved the fire pit, and that code officials from seven other towns they had contacted were surprised they were asking about such petty issues.
“We’re not trying to be troublemakers; we’re willing to work with the town. You’re lumping us with people who bulldoze to the pond and put in a driveway; you’re treating us like villains,” they said.
“The place looks so much better, it was a dump before we cleaned it up. We thought we’d get a pat on the back, not a fine,” the couple said.
The board agreed to the couple’s request that they ask Baker to tour the property and tabled the matter until his report is received.
Marble also reported that the long-running situation with Joe Diaz is still pending as the scheduled Nov. 3 hearing had been postponed.
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