Camden is ‘alarmed at such blatant disregard for the environment and for an abutter’s property’

Camden issues violation notice to property owners for alleged herbicide application, killing of trees

Thu, 12/01/2022 - 12:45pm

Story Location:
3 metalf road
metcalf road
Camden, ME 04843
United States

    CAMDEN — The Town of Camden has issued a violation notice to Amelia Bond and Arthur Bond, III, of St. Louis, Missouri, who own property near Laite Beach, in Camden, for allegedly applying an herbicide on their neighbor’s vegetation and topping trees on that land.

    “Take notice that on or about Oct. 24, 2022, it came to the attention of the Camden Code and Planning Office that an herbicide was used by you or an agent of yours to deflate and kill numerous woody trees and plants on land not owned by you at 3 Metcalf Road,” the Nov. 28 violation notice said. “In addition, it was also brought to our attention that numerous hemlocks that were also on the property of 3 Metcalf were ‘topped’ by you or an agent of yours. The Town of Camden is alarmed at such blatant disregard for the environment and for an abutter’s property, and in such close proximity to the Atlantic Ocean.”

    The 3 Metcalf Road property is owned by Lisa Gorman, of Yarmouth. The Bonds own the property at 1 Metcalf Road, abutting the Gorman property. The short Metcalf Road extends from Bay View Street toward the water and borders Laite Beach Park, a publicly-owned picnic, playground and swim area.

    Gorman’s house sits on a half-acre lot overlooking Camden Harbor. The Bond house and quarter-acre lot lie between Gorman’s land and another home that sits on the corner of Bay View Street and Metcalf Road.

    As of Dec. 1, numerous trees abutting Camden town property had red tape tied around their trunks, as do trees on Gorman’s property.

    Camden is directing the Bonds to provide, within five days of receipt of the mailed violation notice, a detailed description of the chemicals used and dates of application. The town also wants the identification of of the party that applied the chemicals.

    Camden’s Planning and Development Director/Code Enforcement Officer Jeremy Martin sent the violation notice Nov. 29, and copied Camden town officials and attorney, as well as the Maine Dept. of Environmental Protection, Maine’s Board of Pesticide Control, Lisa Gorman and her legal counsel.

    Attorney Daniel Nuzzi, who is with the Lewiston law firm Brann and Isaacson, represents Gorman. He declined to discuss the violation notice, but said Nov. 30, “We’ve been provided a copy of the notice and will be following it.”

    Attempts to reach the Bonds for comment via email and phone have yet to be successful.

    Martin said the matter came to the attention of the town Oct. 24, when he received a call from Gorman’s attorney.

    Martin said that caretakers of 3 Metcalf Road had noticed tree foliage dying and began investigating. They identified an herbicide in the leaves and soil, and were able to pinpoint its chemical makeup to Tebuthiuron 80 WWG, which has a trade name of Allagare.

    “It is used in the Midwest and the plains for clearing land for cattle,” said Martin, in a Nov. 30 phone conversation.

    The town said the herbicide is not intended for residential use, according to the violation notice.

    Maine has never seen the application of Allagare in the state, Martin said, citing information from the Maine Board of Pesticide Control.

    “Absent the information above, which may serve for a modification of this letter, and based on the best information the Town has available, which is information from experts hired by the owner of 3 Metcalf Road, it appears you or your agent used an herbicide that under the manufacturer’s lane is ‘Not for Residential Use”, the notice said. “By applying such a toxic herbicide, you have in essence caused the defoliation of a significant number of deciduous species, which will ultimately kill the trees and woody vegetation. In so doing, it is necessary for the removal of the deciduous trees and other woody vegetation in this specific area.”

    Camden said the Bonds violated two regulations of town ordinances:

     • Cutting too close to the shoreline; and

    • Clearing too much vegetation from the property.

    “In this instance, more than 40 percent of the volume of trees 4 inches or more at diameter at breast height will need to be removed due to your egregious application of herbicide,” the notice said.

    Martin said shoreland zoning regulations serve a variety of purposes, including protection of water quality, as well as aesthetics.  In the first 75 feet from the ocean, rules stipulate selective pruning and cutting.

    “If everyone mowed lawns to the shore, and there were no trees, no understory or shrubs, Maine would not be what it is,” he said. “That’s why shoreland zoning does what it does.”

    Camden is demanding that the Bonds develop a replanting/revegetation plan within 30 days, and in accordance with Lisa Gorman and her legal counsel.

    Consultants are, “currently further assessing the damage that you or your agents may have caused,” the notice said.

    The town will also seek monetary damages of $2,500 per day per violation, the violation notice said.

    Next steps for the town include crafting a consent agreement to, “resolve the issue,” the town said.

    The notice said that the Bonds have the right to appeal the violation notice.


    Reach Editorial Director Lynda Clancy at lyndaclancy@penbaypilot.com; 207-706-6657