Board told of house fire debris hazards

At their June 3 meeting, the Lubec Select Board held several votes to address the health hazard created by the fire‑burned house at 63 Pleasant Street after pleas that the board act promptly, nearly a year after the fire, to address what residents Anita Repp and husband called "an unregulated dump."

In a written statement provided to the board, the Repps said the burned and degraded debris is a major health biohazard and the property is now being used for the disposal of human feces in plastic bags. They also lamented that no efforts appear to have been made by the board to clean it up and that they have not heard from and can't get in touch with the health officer, except through Town Administrator Suzette Francis.

They said the debris and human waste can also cause illness, injury, environmental contamination and long‑term health problems. More specifically, they pointed out that the asbestos from a burnt building could "release microscopic toxic fibers into the ash and air causing respiratory illnesses," such as cancer and mesothelioma. Further, diseases such as E. coli, norovirus and Hepatitis A can be spread by human waste and cause gastrointestinal issues while attracting pests like flies and rodents, which can further spread pathogens, and the leachate and runoff from rainwater contaminates the soil and nearby water sources. They also suggested the town or select board may be liable if someone gets hurt or sick from the property, and, if nothing is done, they would take steps to "contact our state officials and all the pertinent state offices that can advise us on our behalf."

Code Enforcement Officer Alex Henry said the property just came out of probate and that his office is limited in authority because there is "no land use ordinance that would typically delegate how something like this should be handled," adding that enforcement therefore falls to state minimum requirements. According to Henry, steps taken include working with the Maine Municipal Association's legal team, the Maine Fire Marshal's Office and Department of Environmental Protection (DEP). Henry also sent an informal letter to the new owner requesting a cleanup and has received no response. He said, according to DEP, the next steps are testing for asbestos and then abatement. He was advised that the town attorney should send a letter to the new owners. According to DEP, the code enforcement officer can require how it is cleaned up but not the timeframe.

Board member Dan Daley requested Henry get this in writing. Board members also noted there are fuel oil and formaldehyde contamination concerns because the property was used as a funeral home and for selling commercial oil in the past.

On the human waste issue, there appear to be more legal options. Reporting on her conversations with the DEP, Francis said, "The town can't go on private property without permission" but "if there's hazardous waste, you can send a letter and give them 24 hours to reply." Then the town can clean up the hazardous waste. Further, she added, "If this rule is applicable, then it could be charged to their taxes in the form of a lien on the property." Francis already has two bids to clean up the human waste component, and the board voted to choose "whichever can get there the fastest." But this doesn't necessarily apply to the rest of the building and debris.

To address the entire property, the board voted to have the town attorney send an official letter with photos to the owner requesting cleanup, and if the owner doesn't, the town will do so.

The board moved to get a cost estimate for cleanup of the whole property and put up a six‑foot privacy fence to keep people and animals out. Meanwhile, Chair Carol Dennison is working on a federal grant for $50,000 to $70,000 to clean up the property. The Repps requested they be updated weekly on progress.

Other business

Code Enforcement Officer Alex Henry distributed a draft of the Lubec Short‑term Rental Registration to board members.  Developed by the ad‑hoc Short-Term Rental (STR) Committee, the proposed registration requirement mirrors the intent to build notification form. If the registration requirement is approved by Lubec residents in August, it would require a $100 annual fee per unit, annual review by the select board and no more than a 10% increase per calendar year. A short‑term rental is defined as less than 30 consecutive days and excludes motels, hotels, inns, bed and breakfast, boarding houses and licensed campgrounds. Public hearings are required prior to the vote at the August town meeting.

The annual STR fee, according to board member Mark Kelley, would generate tax revenue for the code enforcement office. Another offsetting revenue discussed was a 21‑cent per square foot fee on all intent-to-build applications. No action was taken on either.

Licensed Plumbing Inspector Bruce Greene reported that he is working with two property owners on North Lubec Road to remedy septic issues thought to be the source of water quality issues on nearby clam flats. He said he should have an answer in a couple of weeks.

The Lost Fishermen's Memorial Committee approved the addition of Thomas West and Stephen Johnson Jr. to the monument. They also established an archival tracking system and are preparing for Maine Commercial Fishing Remembrance Day on Tuesday, July 21, at 11 a.m.

Public Works Director Richard Huntley reported that the spring sidewalk project is done and spring road work on Maple Tree Road has started.

The board appointed five members to the Lubec Community Emergency Response Planning Committee – Liz Michaud, Carol Dennison, Ralph Dennison, Annie Sokoloski, Julie Keene and Bobby Hood – and appointed Doran Huckins as interim animal control officer while the position is being advertised.