Discussion about salmon farm plans in Lubec becomes heated

In a marathon meeting held June 4, the Lubec Select Board coupled a series of three public hearings on ordinances and the comprehensive plan with a board meeting that was dominated by a discussion about two controversial fish farm proposals in the town. During the presentation on the salmon farm sites, Jennifer Robinson and Frank Lank of Cooke Aquaculture actively engaged in the sometimes heated discussion as they clarified the company's intent regarding the installation of the pens into Lubec waters.

Cooke presently has two Lubec‑based lease renewal applications with the Department of Marine Resources for leases labeled COB LU2 and COB RN2. Both were signed on May 1, 2024, and both applications describe salmon pens that were in operation two decades ago, stating that they were abandoned over concerns about sea lice. According to the Cooke representatives, new methods are now in use to deal with sea lice that do not use chemicals, so reopening these sites will not jeopardize local waters. Both renewals are for a 20‑year period, and both leases are sited adjacent to residential neighborhoods.

Site COB RN2 is located on the northeast side of Rodgers Island, nestled into the waters south of Major Island. The application states, "Our plan is to utilize this facility as a growout for Atlantic salmon since we are able to deal with sea lice concerns in Cobscook Bay." Lubec resident Michael Scrivani, speaking for a group interested in protecting Rodgers Island, has repeatedly asked that this site be moved to a different location, but with no success.

Site COB LU2 is located just north of Johnson Street and is adjacent to businesses and residences that have changed considerably since the site was last licensed. At that time the area was utilized primarily as a working waterfront. According to the map provided by Cooke, the site will be directly in front of the recently‑sold Inn at the Wharf and appears to occupy a portion of the bay currently used as an anchorage by both the Lubec fishing fleet and also summer visitors. The application states, "Aquaculture was not conducted on this lease in the last lease term due to concerns with sea lice."

During the presentation, the Cooke representatives claimed that relocating the planned sites is impractical, as "we would have to start the application process all over again," which they state would take two years. Use of COB LU2, the Johnson Street site, is planned for 2027, said Lank, with an earlier date for COB RN2. During extensive discussions, both representatives described the lighting and operational sounds of the fish‑pens as non‑intrusive.

Subsequent to the Cooke presentation, several groups began circulating petitions asking that the Lubec Select Board initiate action returning decisions such those permitting the fish farms to local control. For comparison purposes, fish pens in Eastport are clustered in Deep Cove and Broad Cove, with few residences nearby. The pens are served by boats that can dock at nearby piers. No similar pier is available in Lubec; the town's dockage is removed during winter months to prevent damage from ice driven by strong currents.

Land use ordinance hearing

Planning board Chair John Nielsen opened the presentation of the proposed Land Use Ordinance by describing the process the committee had followed during preparation, which included examination of similar ordinances currently in place by many local communities. He then turned the meeting over to Code Enforcement Officer Alex Henry, who went section by section through the 13-page proposed ordinance. The first nine sections, it was explained, deal with the legal justifications for the ordinance and are included in the enacted ordinances prepared by neighboring towns, several of which have relied on these details during legal proceedings. Section 10 includes the key items addressed during the earlier meetings: setback requirements and wastewater systems.

"The fire department asked us for the setback," said Nielsen, speaking of the required distance between new structures. "They want to be able to get emergency equipment where it is needed." Road setbacks are established by state law or existing local regulations and are included only for reference purposes, said Nielsen.

It was stressed several times that the adoption of the setback requirements applies only to new construction and that pre‑existing structures may not be in compliance with new standards but modification will not be required  they are "grandfathered." Further, if it appears that plans for new construction may be jeopardized by these standards, the town's board of appeals is available to review the situation and possibly approve a variance.

Wastewater systems are a different story. All residential structures are required to be hooked up to either the town's system or, if outside of the coverage area, to an approved private system. Mobile homes are required to be hooked up within 120 days, if used for lodging.

Shoreland ordinance update

The public hearing then moved on to the second item: updating the Shoreland Zoning Ordinance, which is required by state law and was first enacted in 1991. Many of the alterations in the proposed update correct ambiguities between the ordinance and the town's shoreland zoning map, which had not been updated in many years. A new version of the map, prepared with assistance from the Sunrise County Economic Council, was distributed showing seven different districts that correlate with provisions stated in the ordinance, most of which are unchanged. Each district has a list of provisions ranging from conservation to business promotion. As before, the Shoreland Zoning Ordinance covers only land within 250 of the high‑water mark.

The third item discussed the recently reworked town comprehensive plan, which is expected to be updated every 10 years; the current plan is now 14 years old. Henry explained that this document is required when applying to the state for a grant, as well as other purposes. Its purpose is visionary rather than restrictive, and public input was solicited during the preparation.

All three of the proposed documents will be the subject of a second public hearing, set for Wednesday, June 18, at 5 p.m., after which they will be presented to voters during the town business meeting in August.

(In the interest of full disclosure, it's noted that the reporter, J.D. Rule, is a riparian owner to one of the proposed sites.)