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Cushing selectmen sign consent agreement, consult lawyer over long-running shoreland violations
Summary
Selectmen signed a consent agreement after Code Enforcement reported corrective work at Map 2 Lot 6 and then entered executive session with town counsel to discuss a separate, long-running land-use dispute involving alleged porches, decks and a gray-water system on property owned by Sue Fisher; counsel outlined limits on estoppel and enforcement risks.
Chairman Alton Grover said the board had reviewed a consent agreement and that the property owner had seeded and grassed the disputed area on Map 2 Lot 6; Code Enforcement Officer Scott Bickford told the board the site passed his inspection and the board signed the agreement.
The meeting then turned to a separate, longer-running enforcement matter involving property owner Sue Fisher. Selectman Daniel Staples recalled alleged changes that began in the early 2000s — porches and decks added after an initial studio permit, and a gray-water system — and asked whether the town had issued a notice of violation. Attorney Kristen Collins, retained as legal counsel for the discussion, told the board that past interactions and delays can limit the town’s ability to enforce, explaining that estoppel and laches are narrow doctrines and “it is necessary to have something in writing essentially telling you that you can do this and you have to rely on it to your detriment” before a court is likely to bar enforcement on estoppel grounds.
Code Enforcement Officer Scott Bickford told the board he had not issued a notice of violation in the case but that he had required Ms. Fisher to remove an unlawful gray-water system. “I forced Sue Fisher to remove the illegal gray water system,” Bickford said, adding that he left crushed rock in place because he did not believe it constituted a violation since “there is nothing going into it.” Planning Board Chairman Daniel Remian and others described inspection and permit history: an assessor’s review in 2005 showed porches and decks not present at a 2003 revaluation and later added; Remian said a 1991 map showed the lot designated in resource protection and said the planning paperwork and timing were central to the town’s jurisdiction question.
Attorney Collins advised the Selectmen that enforcement decisions are discretionary and urged weighing the legal risks, statutorily cited defenses and the length of delay before deciding whether to pursue court action. To allow private discussion with counsel about these legal and risk questions, the board voted to enter executive session under 1 M.R.S.A. § 405(6)(F) at 6:30 p.m.; the board returned to open session at 6:55 p.m. The minutes record no immediate formal enforcement vote following the executive session.
The discussion left unresolved whether the town will pursue further enforcement against Ms. Fisher; several board members requested documentation of assessor and enforcement contacts dating back to the 2000s before any further action.
