CAMDEN — Four weeks after a Camden police detective began investigating a case of tree-cutting on public land near the spillway of the Megunticook River and the town landing, a consent agreement has been crafted; however, it has not been signed, and the person named in the agreement disputes the document.

“I did not sign it because it is not accurate,” said Daniel Gabriele, who declined to comment further on the matter Oct. 27.

Earlier in the afternoon, Camden Town Manager Audra Caler circulated the draft consent agreement, plus associated documents, to media outlets. (See attached PDF for complete document package)

The documents included a letter to Gabriele from Camden Town Attorney William Kelly, as well as an inventory of the trees and limbs that had allegedly been removed, according to Public Works Director David St. Laurent.

In his letter to Gabriele, Kelly addressed, “the unauthorized tree cutting, limbing and removal of ornamental bushes and trees, which occurred on or about Sept. 28, 2021, on property owned by the Town of Camden.”

He said the Camden Tree Warden determined that seven trees, some of which were “substantial lilacs,” were removed at their base, and estimated 70 limbs were removed.

He admonished Gabriele for allegedly leaving the cuttings on the ground, “as much of it was falling into he water putting boats/motors in the harbor in harm’s way.”

Kelly said the tree cutting on public property violated the Camden Shade Tree Removal Ordinance and the Shoreland Zoning Ordinance.

Camden hired Johnson Aboriculture LLC to develop a restoration plan, and in addition to the proposed fines, the town told Gabriele he would have to pay that cost, as well.

The draft consent agreement, said Kelly, reflects municipal treatment of the matter as similar to a case during the summer when a homeowner on Atlantic Ave., cut trees that were on town property. The fines with that case amounted to $24,000.

The proposed consent agreement outlined violations, and set forth penalties that include:

• Paying all attorney, arborist and professional service fees related to the incident within 10 days of being invoiced by Camden;

• Pay all fees, costs and penalties imposed by the Maine Dept. of Environmental Protection, given that the property is adjacent to a natural resource and owned by the town;

• Pay all costs associated with the design, installation and oversight of a restoration plan, “to return the Camden property to the condition that it was in prior to the cutting and trespass, which said Restoration Plan that shall be approved by the Camden Select Board upon the advice of an arborist retained by Camden; said Plan must also be satisfactory to the MDEP. Gabriele shall pay any ongoing costs for the replacement of any tree or plant material that may not survive the initial planting for a period of 1.5 years after planting.”

• Pay penalties for allegedly removing four trees and three flooring shrubs ($3,500), and eight pruned trees ($2,000).

Those two sums, pls the $532.20 fee for cleaning up the downed trees and brush, amount to $6,032.

Additionally, the town is charging Gabriele $2,000 for violating the shoreland zoning ordinance, which prohibits removing natural vegetation within 75 feet of the normal high water line. The assessments for that charge, as outlined in the ordinance, are $100 to $2,500 a day.

“For the purposes of these violations, it is agreed to, that the violations occurred on or about Sept. 30, 2021,” the town wrote in the consent agreement. “Total penalties under this section of the Zoning Ordinance are hereby agreed to be $2,000.

In early October, Caler had confirmed that she was holding off identifying anyone responsible for the tree cutting, saying only that the person had come forward.

She said at that point that she was waiting for a report from Camden Police Dept. Detective Curt Andrick, and the final tally from St. Laurent on the number of trees cut down, as well as a restoration plan.

Andrick said Oct. 27 that no criminal charges had been levied in the case.

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