LINCOLNVILLE — A Levenseller Pond property owner is on the agenda to talk with selectmen Monday evening, Sept. 24, about tree cutting near his land, and the role of the town's board of appeals.

The meeting also includes addressing concerns about use of the Breezemere Park bandstand, and accompanying noise.

The meeting begins at 6 p.m. at Lincolnville Central School in an upstairs classroom and is televised on community television.

Richard Rosenberg filed a complaint with the town's code enforcement officer earlier this year, reporting that his neighbor, Randy Carpentier, cut trees in the shoreland zone, alleging violation of municipal ordinance.

Lincolnville's CEO, Frank Therio, subsequently found no violation had occurred. Rosenberg appealed that decision to the Lincolnville Board of Appeals, which determined it held no jurisdiction over the matter, said Town Administrator David Kinney.

In response, Rosenberg is now asking if the selectmen assume the role of the Board of Appeals. The selectmen will take up that question this evening.

In his newsletter to the selectmen, Kinney cited a Maine Supreme Court case, Fryeburg Water Co. v. Town of Fryeburg, in which the court said a decision not to enforce the ordinance creates a right to appeal. The CEO is granted what is akin to prosecutorial discretion under the ordinance, according to the case that Kinney presented to the selectmen.

The CEO is the one who orders remedial action, and if a property owner fails to comply, the selectmen have the power to file a complaint in court, asking for an order to force action. Kinney is recommending the selectmen take no action, except to clarify that the CEO is given enforcement action by ordinance, and that they have the authority to institute legal action, if they so decide.

Breezemere Park bandstand

On Sept. 1, a party at the bandstand, which is in Breezemere Park at the head of Norton Pond in Lincolnville Center, took place, celebrating a graduation.

That night neighbor Tom Nolan called Waldo County Communications, the dispatch center for Lincolnville police, at 8:52 p.m., expressing concern about noise there. Law enforcement advised that officers wait until 10 p.m. to request that music levels be lowered. A deputy left the park at 10:09 p.m. after determining no one was at the park, according to Kinney.

The selectmen are expected to review the bandstand guidelines this evening. Kinney has raised the point in his newsletter that fireworks in the park may be problematic.

“The park is relatively small in size creating proximity challenges with others enjoying the park and the neighbors,” he wrote. “The bandstand is located nearly in the center of the park [and] also has a wooden shingle roof, which may be more susceptible to fire.”

“As Breezemere Park has been extensively re-developed over the last 15 years or so and all of our public spaces (Breezemere, the Beach, and Ducktrap) have become more and more popular and well utilized it might be time for the Board to consider having a Public Parks ordinance developed that could be presented to the voters at a future town meeting.”

In other town business: The selectmen will consider appointing David Munson to the School Committee, with a term expiring next June, and Terry Moulton to the Mid-Coast Solid Waste Corporation Board of Directors, with a term expiring in June 2015.

PenBay Pilot Editorial Director Lynda Clancy can be reached at lyndaclancy@penbaypilot.com, or by calling 207-706-6657.