Popham Beach,Maine

This site had been initiated to try to draw the community together by establishing a forum for Popham related events and issues. The fragmented community has little way to check on goings on from afar and so I hope this will serve as a means for getting out the news! I will try to cover public events, issues, and happenings in a timely manner (some have already fallen behind I am afraid!). I am in the process of revamping the site to separate those issues which may be political in nature from those that speak to more general interest. The issues most on my mind are covered below for now but will move to their own section of the site. This is prevent the site from being an overly burdensome political commentary and so may enjoy a wider use. I hope those concerned with the political will check to see what is happening. Much is, in fact, happening.

My opinions are my own and so some of these may seem too much like rants! Believe me, they have come from exasperating experiences at the local and state levels which are threatening the quality of my and other's cherished experience at Popham. They may seem too personal and selfish to some, but I believe that some of my experiences may allow others to see the preventable consequences of a course of inaction on our part as a community. Much is changing and unless we are active in our participation in local and State government, many of the reasons we love Popham will cease to be.

I welcome any info and input which you may provide and any suggestions for topics, events, anything you would like to see included here. Contact me at snorris1@maine.rr.com or post a public comment here.

The 400th Anniversary of the Popham Colony of 1607

The much anticipated (400 years) anniversary of the Popham Colony of 1607 will be upon us in 2007.

The Queen of England may be going to Jamestown, but I will opt to be at Popham August 23-26, 2007!

A web site has been initiated, http://www.popham400.org/ ,and while there is not much there right now, it will be updated often to keep you informed of what's being planned. Committees have formed with interested members of the community. They have been meeting to decide how we may accomplish this and have an enjoyable but manageable community celebration of Popham's unique history. At this point, Bill Murray seems to be the point person. There are two "co-chairs" of the group dedicated to this. The celebration is still very much in its formative stages, but much work has already been done on a tentative schedule of events (input is needed to make it your celebration), outreach has begun to those for participation, and communication with needed local and state officials and supporting entities has begun. Anyone interested in helping to shape this event, helping co-ordinate and oversee the various aspects of what we hope will be a community initiated event, are invited to get in touch. I can pass on interest expressed through my participation and get people together who will be dealing with the appropriate aspects of the challenge ahead. It will take a lot of people to pull it off and volunteers will be needed in a variety of positions and at many different stages to help put it all together. It will be our celebration, so join in and help make it fun and interesting to yourself and your neighbors! Dates are set for August 23,24,25, and 26, 2007 to coincide with Popham flare night celebrations. Some very exciting programs and events are being planned. I will post info as available. many of the people who are working on the celebration aattend the Potluck suppers on the dsecond Saturday, so that is a good place to find out whats going on. the web site will be added to soon with general info on the plans.

Thanks to all who are working on the celebration, and thanks especially to Bev Bevilaqua for our logo!

 

Popham Art Show Scheduled for Summer 2007- Work from a number of local artists will be on display. Many are your neighbors! Thanks to all for making last year a success. There will again be a lot of local content with beautiful work to be seen, enjoyed, and, if inclined, to take home with you. The show will be back- bigger and better. See you next summer!

 

Phippsburg Recreation Schedule click here - Events in Phippsburg
Popham Beach Improvement Association Winter schedule - potluck supper every second Saturday, Come and break bread with your neighbors!
Politics!!!

Phippsburg Comprehensive Plan passed. See it here It WILL impact Popham. Developers are currently finding an extraordinarily accommodating set of policies at the town hall and at DEP. Ordinances will be written to support the goals of the Plan. Input is necessary and needed from the community. Even as a seasonal resident, it is important that you speak up if you feel that the character of Popham is at risk from the town adopting what I believe is a different set of rules and standards than are being applied to the rest of the town. Check the town web site for times and places of meetings which will examine and mold the future regulations to manage growth in this town. The State has raised some concerns with the consistency of the goals and the proposed implementation. I have great concerns about it because it has designated ALL of Popham, from the intersection of the Parker head Road throughout the entire peninsula as a "growth" area. This includes the salt-marsh of of Atkins Bay and adjacent to morse's River, all of the state park and all of the substandard sized lots which comprise most of Popham. Check out the final version of the plan, particularly the maps of the growth areas at the end of the plan here: Comp Plan (large PDF!)

The State Planning office did have some reservations about the plan and met with the town's selectmen to express those concerns. One of them was about the growth areas and the lack of any municiapal septic plans to implement that growth. The letter they sent the town is here. Letters from the DEP and Inland Fisheries and Wildlife were also sent in.

If you go to the comp plan and look, the map on page 202 shows the Future Land Use. The map on page 203 shows how much of the growth area depicted on page 202 for Popham (ALL of Popham) is either resource protection or state land. This leaves the village area which already has exceeded the limits imposed by a greater than 25% water draw. Other than three landowners who have enough land to subdivide under the town's current zoning regulations, all of the other lots available for "growth" are either substandard and/or in shore land zones, or in the area od critical water use levels. The uses/designations are in conflict. Not to dismiss the hard work of the committees who formulated the plan, but Popham simply doesn't work as "growth"area.

Popham Beach Beach-Front Property Owners Rights

click here to read a summary of beach front property owner's rights prepared by the State at the University of Maine Law School -

A hot topic I know, but there is action approved by the town which is bringing private for-profit activity which will impact the enjoyment of many people's property. I have issues with this and other's have already felt the impact in other parts of the beach. This will continue to be an issue as the hordes descend on Popham. The Bruce Poliquin Popham Beach Club has been approved by the town. It calls for 150 people to use a 75 foot wide piece of beach frontage. Impossible, particularly with the erosion that is happening. This has been a huge problem on the riverside. I personally will ask anyone who uses my property where they are from and ask, if they are members of this "club", that they leave my property. I will be friendly to my neighbors(most of them!) and welcome them to traditional uses of the beach, (in the absence of abuses!), but these "club members" will not be my neighbors, they will be from other parts of the state or country; they do not take responsibility or necessarily give the same respect that the rest of the community does for their neighbors and for the rights of property owners I do not believe that they will have any rights to use any property but that which they have entered into a contract with the club's property owners to use. No one can sell rights to use my property, and so they will not be welcome on it. See the information below on the Poliquin project and the "approval" process.

Growth at Popham; Poliquin Beach Club Approved despite opposition of the local community and the inability of the project to move forward without;

1) Septic Variance from DHHS, State Health and Human Services;

2) Setback Variances from Existing Residential Uses for New Business Permit;

3) re designating what are residential areas abutting the property in a recognized subdivision as being "predominantly commercial" to accommodate the town's Planning Board's ability to permit variances;

4) Overburdening the nearby beachfront property owners by forcing them to accommodate uses that cannot be contained on the proposed site itself by bringing 150 people a day onto 75 feet of beach frontage; the proponent collects money for use of their land;

5) Turning the Back Dunes into a Parking Lot (good use!) and putting a function hall on the beach front for people who don't live in the town or who will be owners of the proponent's condominium subdivision;

6) Having the town take on policing of noise and nuisance from a "club" open until 10 pm less than the required setback from existing residential properties with no supervision of the members

7) having the town have to enforce the rules of a "private" club and approve/disapprove any proposed changes in the rules where they may deviate from the approved business plan. Is this the town's job?

 

Phippsburg Planning Board Activities -click here to go to town page of minutes from meetings-

If you have not been in Phippsburg but have tried to follow the proceedings of the Planning Board, you may have felt a bit in the dark! I have found the minutes of these meetings to be either non-existent or extremely untimely in their posting. It has often taken months before they are posted, during which subsequent actions on the same issues may have been dealt with without adequate information on past actions taken being made available. Yes, there is s responsibility of the people of Phippsburg to actively participate in the hearing and activities which are the government of the town, but this is not so easy when a seasonal population such as Popham's cannot be present. Accurate and timely dissemination of information is important to many people who cannot be in Phippsburg at all times but who are greatly impacted in a major way by the activities of the town's boards.

I also believe these minutes are, at times, extremely biased through inaccuracy of the content of the minutes. I have attended meetings and been very vocal only to find that my comments have been largely ignored in the minutes, which favor instead, through that omission, the predisposed position (one later finds out) of the Board. Inclusion of a proponent's presentation in its entirety without posting the numerous (in this case 25 letters in opposition that were sent in by those who could not attend) criticisms and opposition expressed on issues before these Boards is not open and transparent process of government. Censorship of viewpoints and opinions have no place in a democracy. My experience is that opinions expressed at the public hearings which are later found to be in opposition to the positions and actions taken by the Board are not posted as having been a part of the discussion in the minutes at all. Additionally, the Planning Board has decided NOT to read letters sent them into the record, due to the bulk and number of them. Overwhelming opposition then, is too burdensome to include in the process. The proponent is the only voice heard unless one is in attendance. In the case of the recent popham Beach Club hearings, the overwhelming majority of letters received were in opposition to the project being considered. The burden is on the citizens to go to the town offices and obtain this input, it will not be provided as is the proponents arguments. This is one sided, biased, and not open government.

Forcing people to have to go to town hall to read who may be interested in comments addressed to the Board, whether written or made at hearings, obscures their impact. When the town is predisposed to enabling a developers plan, no matter how many variances have to be granted to allow the project, this suits there purpose because it doesn't let the population at lat]large understand the scope of the opposition. This is obviously not convenient for the majority of the taxpayers at Popham who are seasonal residents of the community. These taxpayers are unable to physically access the letters and comments expressed at hearings, and information is disseminated only through the watered down minutes, An unrealistic gauging of the true sentiments of the rest of their community is the result.

Reading the minutes of these hearings, one would get the impression that there was little opposition to this particular project expressed, and this is a false impression, as anyone who was able to attend the hearings would attest. I believe that anytime the town consciously pursues a course of action which is meant to minimize the scope of opposition to projects like this one, it indicates their predisposition to approve of certain projects, and so exposes a premeditated course of action which while giving the sense of an objective process, instead, by subsequent actions taken, shows the approvals of the Board to have been foregone conclusions. This represents a rejection of meaningful public process and input. Where I can, I will try to post the actual communications which I see with my own eyes, but which never see the light of day in published official town records.

The latest in a series of mis-fires by town boards took place Nov. 28th, 2006. The Wymans were not given notice of the Planning Board's meeting at which they were to discuss the granting of a "lesser buffer" from the required 100 foot setback of a new business to an existing residential use. The PB approved the plan and granted the buffer without the participation of the Wymans in what was a critical issue to them, the abutting residential property owners. The ZBOA when apprised of this, remanded the matter back to the PB to allow the Wymans the opportunity to present an opposing view on the effectiveness of the proposed vegetative buffer having the same effect as a 100 foot buffer, as required by town ordinances .Despite what i felt was compelling arguments that the proposed buffer would not leave the Wymans with as good a situation as they now enjoy with regards to noise, pollution, fumes, and the other nuisances that having a parking lot 20 feet from their property line would impose, the planning Board approved the measure anyway, allowing for another variance in essence from a use, the beach club, which won't fit on the property without it.The Wymans brought the newly argued matter before the BOA last night (the 28th of November. The Board unanimously voted not to even review the document supplied by the Wyman's lawyer which outlined his arguments against the PB having duly considered the facts in the matter, saying that they saw it as introducing "new" evidence (there was much new evidence from the last time the Board considered the action of the PB since the Wymans were able to at least speak to the matter before the PB). One member of the BOA stated that anyone could have sent them letters on the matter and to consider this one (from the Wymans) would constitute their having to consider any and all letters that might come to them on this (and any other such matter before them). That, they decided would not be proper. The question remains, how does a BOA member know what has been argued (and so what is "new" evidence if they weren't at the meeting and have refused to read or consider the complete document supplied to them by the Wyman's lawyer? What kind of process is this???

Please see what the BOA did to us when we asked that they allow us to participate in procedures which resulted in them having granted a variance to an abutting property owner of ours for two houses where the zoning would only allow one, 5 months after the PB had denied it, with no notice to anyone about the pending action, granting that variance with no basis to do so and on the same day that it was applied for here.

North Creek Farms - What is the deal with North Creek Farms? If you are familiar with this unique multi-faceted small business, you know that they provide a very carefully chosen selection of dry goods, excellent food, a myriad of wonderful plants and exotic items from both far away and around the corner! The selectmen's meeting tonight is seeking to put a cease and desist order on them and they still don't know what for!

The issue seems to revolve around them having had a take-out only food business which they wanted to change to allow their customers to sit on a bench outside or at one of two small tables in part of the store. The action by the town has something to do with their gray water systems not being up to code for this. North Creek, at the town's request, had professional assessments done and submitted documents which showed that their systems were not only adequate but approved by State authorities for their uses. Still the town is pursuing a suit against them,and now wants to shut them down at the busiest time of the year because??? Is the town harassing them? Have town officials sent documents with unsubstantiated or otherwise false statements to State agencies looking into the matter? Why won't the town answer questions about who made initial complaints, or was this initiated by someone in the town offices or on a town Board? Is the town doing the business of someone else?

If you haven't read the comments in the always interesting North Creek catalog on this matter, stop by and get a copy; it is very interesting reading. The house these people live in and run their business from has been shot at and they are being sued by the town over gray water systems which have been approved by State agencies with the authority to do so. It looks like somebody doesn't like them and it might seem that the town officials as a group are doing the dirty work for whoever it is. Nice.

Vote in those warrants for more lawsuits! Keep that money coming. The system is working!

Again, your comments are welcome. I have set up a page on which you can publish your comments and points of view, please click here to do so. I can also be reached at snorris1@maine.rr.com
In the meantime, I believe there are some very serious issues with how the State and Town of Phippsburg are behaving with regard to Development at Popham; I am pursuing them with my legislator and the Maine Department of Environmental Protection

Popham Development Issues

Overview- Click here

NO Protection of Wetlands, Watersheds and Water Quality for current residents at Popham Beach by State or Local Authorities. All projects are approved as proposed, even in areas where septics WILL fail, but otherwise would prevent the development. Phippsburg Comp Plan approves Growth in areas where there is no room for growth.

I have leach fields under water on property next to mine, permitted for installation by the town of Phippsburg and the State of Maine. The field is in a "pond zone' on Maine Geological Survey mappings. The water that covers part of the leach field also covers a large area of my property. When that septic field becomes active, it will pollute my land and possibly my water supply when water is present. The town has refused to protect me and my neighbors whose water supplies will be affected by the serious health threat that this represents. Tax revenue over-rides responsibility to existing tax payers. The systems permitted are in seasonally flooded areas. The permits should take into account the WORST case scenario (seasonally flooded areas), but are instead being issued for BEST case scenarios (dry season).

Please take some time to check out my section on development issues at Popham. There is a section on the SECRET meetings of the Phippsburg Board of Appeals which resulted in the granting of a variance to one of my neighbors-the town would not take responsibility for making a mistake in not upholding the laws and ordinances of the town. They didn't have the integrity to admit to and fix the mistake once caught. Their excuse for not doing what the ordinance requires? "We never do that! "It was left to my family and others to have to take the town to court" There was a cost of tens of thousands of dollars to us and thousands of dollars to the townspeople of Phippsburg, an extraordinary expense emotionally and in time spent by those wronged by their actions) to address what was clearly a case of selective enforcement of the ordinances of the town of phippsburg. In light of my experience and after hearing total disrespect and insulting comments which have been leveled at me and others who have tried to get the Board to uphold citizen voted ordinances, I would recommend we replace them all! -(click here). I will make available permits (see sections on DEP PBR and Tier 1 permits) which have been issued for all to examine. To gather them otherwise would require a great deal of time and effort. Since I have copies of them, I can easily make them all accessible to the community. Click Here to read about Court Decisions, Permits and Board Decisions Overview and their impact on the neighborhood. The menu at the left of this page links to some of the documents and sections of interest on this subject.

The Poliquin Beach Club was pre-approved by Phippsburg town officials for variances to water system setback requirements which may threaten the Silver Lake watershed and the drinking water supplies of all who are near it. This is being challenged in the Town's Appeal process.See above, the gist of it is that Poliquin proposed using a deep drilled well to mitigate the effects of points in the sand, which by his own expert's admission, would draw down the water table at the level of use proposed. He asserted that to avoid this, he was going to "do the right thing" and use a drilled well because this would not effect local water supplies, but rather "draw from a different aquafir." Apparently the regulations require a much greater setback from the lake than the property can accommodate Therefore his proposal to use a non-water table threatening draw-down via a deep well as he presented to the Planning Board, is not possible. Approval by the Board based on false assumptions should require a re-examination of this issue. The requirements set by the State cannot be met for the distance between well and septic field .Variance!!!He must have a variance form the State which he got with the town's selectman Rice and the Code Enforcement Officer Rainey signing off on it, long before any public hearings were scheduled or plans presented to the Planning Board. This is basically a pre-approval by the town for critical aspects of the systems without which the project could not go forward with no public process. The setbacks required from his own septic field to well are greater than can be made to the nearest neighbor's well, but neither the town nor the State takes that apparent anomaly into consideration. The difference is that he is proposing a "public" water source because of the numbers of people who will be using the club. This is supposed to require a larger setback, but it ends up being less than that to the neighbor's well. The logic then is that the private well isn't of enough consequence to be similarly protected.

This site is far from being complete but there is much to wade through. My family and others have been involved in lawsuits against the town for three years. Many would not have had the resources or energy to pursue, as a matter of principle, lawsuits which were initiated to protect our rights as taxpayers and residents of Phippsburg. It is not right that the Phippsburg Board of Appeals should hold secret meetings to grant zoning variances to those whom they are friendly with, and then dismiss their actions as simply the way they do things. Government is supposed to be by the people and for the people, not by the Board of Appeals for the few it may selectively choose to favor. I think this is serious stuff and that all townspeople should be aware of this and act appropriately when their local government so blatantly ignores the constitutional rights of its citizens. This is supposed to be a democracy. We are killing people in foreign lands to uphold these ideals. They should not be allowed to be squandered at will by selective enforcement for a few by a few.

I think it is important for the people of Popham and the town at large to know that there is a place where they can find some of the documents that are relevant to what they may be hearing about but can't get to without exhaustive research and time spent digging up a huge pile of documents. It is taking me time to scan and arrange, but I hope this will be complete enough to give everyone a sense of the impacts which a series of smaller actions is having on the larger picture of life at Popham.

Two examples in my neighborhood below: Building sites permitted by the State of Maine DEP and the Town of Phippsburg in the Wetlands of Silver Lake at Popham Beach.
 
Click here (or on any picture) for Larger Views - more pictures of these sites in menu at left
Click here to read My Statement of Purpose and Need For Doing This or simply look at pictures of my backyard here to understand why i have gone to this trouble and may seem to be beating a dead horse!
Environmental Studies at Popham Beach

Popham Beach has many features that are unique to it and which have been studied over the years, particularly in those times when there was seemingly urgent need to evaluate the area in the face of damaging erosion problems which occurred in the 1970s. Theses were studies which had been done long ago and which are now underway again which I will post to the site. DEP seems to be bankrupt of any sources for information about Popham. They claim awareness of the dynamics involved in a dune and beach system which has numerous PROTECTED NATURAL RESOURCES, unique in their combination yet they continue to grant every permit which is put in front of them regardless of the impacts; this area was the poster child for DEP conservation in the 1970s. No permit has been denied of late and public input has been ignored or rebuked by the agency.

There was a very interesting, if not technical, report on the significant features of Popham done by Ken Fink and Bruce Nelson in 1978. The DEP feigns ignorance of any studies ever done about the area and has been permitting every request they have received. They are refused to hold a public hearing on this permit despite requests for one by concerned citizens and abutter (See my letter and the reply from DEP here-soon). As a citizen you no longer have access to this permit process which may impact your quality of life, the quality of your water, or the quality and value of your property! Despite raising concerns about the multitude of recent permitting , sometimes on abutting properties with overlapping protected resources which have been contradictorily assessed by different DEP staff, the agency claims to have no responsibility to consider the cumulative affects of their own permitting, and relies instead on a system of isolated evaluations which do not consider the characteristics of the entire parcel which is being developed, much less anything to which the protected resources being evaluated may connect to past the arbitrary political property boundaries. This ignores the impacts of the projects and is totally irresponsible.

Institutional memory has lapsed and assisting development rather than environmental protection of these fragile environments is now the policy goal of the agency . The Commissioner was asked to resign when she was purported to have been trying to broker political favors by promising regulatory lenience to large corporate polluters. Nice.

Pitch Pine Dune Woodland

Most recently the Department of Conservation had been asked to reassess the existence of the "pitch pine dune woodland" in the Popham area. This has now been remapped and covers most of the populated portions of Popham, since most of popham is, geologically one big area of sand dunes. This "natural community" was well known in the 1970s but had since disappeared from the "official" landscape with no information available on it at the other agencies relied upon by DEP and other entities in making decisions about the scope and inventory of fragile resources in the area. This is available to those DEP staff persons, should they choose to look for it, who have seemed to be completely ignorant of what these forests look like. This "pitch pine dune woodland" only exists in four other places in the State of Maine. It is a "critically imperiled" natural community which gives it the highest of rankings -S1 - for rarity and danger of "extirpation" = destruction and removal from the face of the earth). The Maine DEP has been permitting the extirpation of this community in at least in 3 places at Popham in the last 8 months alone, with several other permits which allowed the cutting down of old growth pitch pines in at least four other sites in the past four years.The presence of this natural community has now been mapped again so now the DEP can say "Oh! That's what that was!".

I am initiated this web site on May 9th, 2005, election day this year in the town of Phippsburg and the day before the town meetings at which the members of the community will vote on various matters before it. Because these meetings are an integral part of democratic life in the US and in our town of Phippsburg, I am trying to put this together as a way to heighten our collective ability to understand the issues which face us, particularly in my corner of the town, Popham Beach, and to use this web site as a way to inform the community at Popham about recent extremely important activities at Popham which are on going, how they have evolved and what impact they are having and will have on the community as a whole. I want to establish an an interactive forum so that we may communicate and inform each other about the issues before us in our community (and will, as I learn how to do that!) and I hope to have the site evolve into an ongoing open forum for discussions of any issues which may arise in the future. At this time, ALL OF THE OPINIONS EXPRESSED HEREIN ARE MY OWN.