Eastport board told about property violation concerns

The Eastport Zoning Board of Appeals heard concerns from a resident regarding alleged property violations on Carlow Island and how the city's code enforcement officers (CEOs) have handled the situation at an informational meeting on July 21 at city hall. Among the property concerns raised were cutting in a protected shoreland area, which is currently being reviewed at the state and federal level. A stop work order is currently in place by the city on account of the investigations under way.

The meeting was opened by the acting chair of the zoning board, Greg Noyes, who recognized resident Sussan Coley's right to speak regarding the decision of the city's former CEO in finding no property violations. Noyes further clarified that the zoning board and the city itself had no jurisdiction over the currently under way investigative process at the state and federal level and that "the City of Eastport awaits their findings."

For context to the alleged property violations, which include illegal cutting on a neighboring lot owned by Kevin Leighton that began three years ago, Coley invited Robin Hadlock Seeley, a marine scientist who works in advisory capacity to the state, to speak on Carlow Island's unique characteristics. Recognized as a shorebird roosting area by the state, it provides habitat and protection from predators to migrating shorebirds. It is an erosion hazard area and a special flood hazard area due to being a low-lying island. "It is a very special place, and a very vulnerable place," Seeley concluded.

Coley gave additional background about her history with the location, beginning with purchasing property there in 2000. When it was time for her to build her home in 2016, she became familiar with the complicating permitting process necessary to build on protected lands. Speaking of the state Department of Environmental Protection (DEP) officials she was working with at the time, she said, "They made my life a living hell," but she said that she now "respects them tremendously" for their efforts. "These trees hold our island together," she said.

When her neighbor began cutting and clearing close to the shore and the contractors could not confirm a permit, Coley and her other neighbors became concerned and reached out to the DEP. The case to issue a stop work order appeared to be progressing until it suddenly fell through. Coley was advised that since the city's CEO at the time, Donnie Peters, had responded with a report of "no evidence of infraction" in November 2023, the issue was closed at the state level. Coley showed the associated email, which she obtained via a Freedom of Information Act (FOIA) request, to those present during the meeting.

According to Coley, she was advised by Peters that no permit was necessary for the work, but based on her experience with DEP, "I knew for sure I needed permits." Coley and her neighbors met with City Manager Brian Schuth to request a FOIA for any permits issued on the lots, but none could be produced.

During this time, the work continued while Coley made little progress with Peters, who in September 2024 emailed her to ask why DEP was not intervening -- even as she later found out it was partly due to his email discounting any violations. Peters later resigned from his position, and a new CEO, Tabetha Young, was hired.

Young initially took a similar stance to Peters, Coley said, saying that no permit was necessary for the work that was being done. Coley invited Young to an informational session at her home with her neighbors and Seeley to go over aspects of regulation such as shorebird sanctuaries, erosion and flooding, some of which was unfamiliar to Young. During the presentation, Young said that there was indeed a permit and that Peters had given it.

After that meeting, Coley and her neighbors further pursued the request of the permit. Ultimately, the only document produced was a subdivision map, Coley said, along with a letter from Young sent on April 5 stating that "the road was approved by the DEP and the City of Eastport back in 1992 and [the contractor] has all legal rights to continue to improve the road."

"This is not a permit," Coley said of the subdivision map.

In another document produced by the FOIA request, CEO Young wrote an email to property owner Leighton on July 8 that included, "Don't let her win -- this is not a set back, it is everyone working together to achieve a dream."

"This kind of a comment troubles me a great deal, personally speaking," Noyes said of the phrasing.

"This is not a matter of winning or losing," Coley said. "This is our home. I am a reasonable, educated, intelligent person. I know if you own a property, a land, you need to build on it. However, you have to uphold the law. You have to go through what we went through. This is not a neighborhood dispute."

Coley said that since being given "open permission to do what they want," the situation with the neighboring property owner has escalated, and a criminal case is now being reviewed in the district attorney's office.

Recognizing that "there were certain things that didn't function when they should have," Noyes thanked Coley for the informational presentation and for her efforts in "trying to make sure that zoning laws work," closing by expressing his faith in the state in coming up with an equitable solution.

Representatives from the DEP have not responded to requests for comment on the issue.