By Dawn De Busk

Staff Writer

CASCO— After more than a year of requesting the land-owner to do things that were required by this town’s planning board, the Casco Board of Selectmen decided to send the matter of land-use violations to the court. 

Some of the planning board requirements include erecting a silt fence on one end of parking lot, specific erosion control measures, tree plantings, and the repair and inspection of septic system leach field.

The Casco selectmen were unified in their vote to move forward with legal action against Wayne Ward, the owner of the property at 200 Roosevelt Trail.

At this point in time, the courts are not hearing land-use cases until November at the earliest and most likely court dates will be later than that because of COVID, according to the town’s legal counsel.

Last summer, in 2019, the Town of Casco served notices of violation to Ward.

Last winter, in February 2020, Ward went before the Casco Planning Board. From the planning board, he was given until June 30 to complete a list of work to remedy the land-use violations.

After the June deadline, Ward appeared before the selectmen, saying why the work had not been done.

The selectmen extended the deadline for completion until Aug. 31.

On Sept. 1, Ward insisted that his engineers had a better way to address the erosion control. Some of the items on the planning board’s list hadn’t been done because his engineer had other recommendations, Ward said.

During the Sept. 1 meeting, it was reported that former Casco Code Enforcement Officer (CEO) Alex Sirois inspected the property at 200 Roosevelt Trail on Aug. 31. 

The CEO’s report was provided to the selectmen. Generally, a significant amount of progress was made on the property, Siriois said. However, there was still list of items to be finished.

The list of items to be addressed, include:

• The drafted storm water reconstruction was not registered with the Registry of Deeds
• Erosion control was never installed
• To prevent more damage, install a silt fence at lowest parameter of disturbed areas.
• The steep slopes should be covered with an erosion blanket immediately
•  The septic system that was installed and inspected in March 2020 and then crushed by contractor. The septic system has been removed and replaced and backfilled without an inspection.
• More landscaping, particularly four trees on the south side.
• Adding restrictions for stormwater buffer or vegetated buffer to control runoff

Wayne Ward was present at the meeting, and disagreed with the methods of erosion control that he was being asked to do in the site plan.

“They keep bringing up erosion control,” Ward said.

He said there were several options listed on the state’s website.

“It doesn’t necessarily have to be a silt fence,” he said.

Chairman Thomas Peaslee spoke.

“We rely on the code officer to go out and inspect and make that report. And by that report, we see the things that need to be done,” he said.

“If he has asked for it, you have to do it,” Peaslee said to Ward.

Holly Hancock pointed out that the mitigation, the things being asked of him to remedy the erosion, were requested by the planning board.

Vice-chair Mary-Vienessa Fernandes spoke. 

“Quite honestly, I said three meetings ago that I was pretty much done. ‘Enough is enough.’ That is where I am at, even more-so,” she said. 

Hancock commented.

“The work was supposed to be completed by June 30, 2020. It wasn’t,” Hancock said.

The chairman suggested making a motion and voting on the options.

“At this point, I would ask the board how we want to move forward with this. Maybe, our options are: We don’t give him any more time or we give him more time,” Peaslee said.

Fernandes was not open to another time-extension. 

“If we give him more time, we are still running around in circles,” she said.

“I’ve listened to this conversation repeatedly. He keeps putting the emphasis on the engineer when it should be on the code enforcement officer. And, he wants to challenge that, Let’s do that in court,” Fernandes said.

Then, there was a bit of an argument between one of the selectmen and Ward before Peaslee reined in control, asking the board to have the conversation without Ward about how to proceed.

Robert MacDonald said that the board has extended the dates for him to finish this work. Also, MacDonald said he has asked Ward to produce his engineer’s recommendation

“I brought this up a number of times at both of the meetings: Either add a silt fence along the edge or bring the engineer’s statement so we can see it because I am not going to take your word for it. You keep saying a silt fence isn’t necessary. I asked you point blank at that very first meeting to bring the engineer’s report,” MacDonald said.

Ward kept talking about the engineer.

“When I pay someone to do a job, I have to trust them,” he said.

“You mean you are going to override the engineers? You mean the engineers that I pay good money for, you are overriding them,” Ward said.

MacDonald countered, “You have had this list since Feb. 10.”