A Sawyer’s Island Road couple has until November to rectify a land use violation. The Boothbay select board voted 5-0 May 9 to enter into a consent agreement with Peter and Kathryn Wagner to replant a portion of their property in the shoreland zone district.

In November 2017, Code Enforcement Officer Jason Lorrain cited the Wagners and neighbors Gene and Judith Molinelli for a land use violation. Lorrain issued a notice of violation for exceeding allowable maintenance in the shoreland zone. The Wagners own the property, but performed none of the improper cutting. The Molinellis removed vegetative growth on their neighbor’s property to preserve their view of the Sheepscot River.

Lorrain issued the notice after inspecting the property at 65 Sawyer’s Island Road with Maine Department of Environmental Protection Shoreland Zoning Coordinator Colin Clark.

The Molinellis own property at 66 Sawyer’s Island Road. They contend maintenance is permissible due to grandfather provisions under the town’s 1990 shoreland zoning ordinance. Gene Molinelli told selectmen his deed included a view easement of the Sheepscot River and the property owners are required to prevent excessive vegetative growth.

After the Wagners failed to maintain the easement to their neighbor’s satisfaction, the Molinellis hired a licensed arborist in November to perform “a historically allowed cutting,” according to Gene Molinelli.

In January, Lorrain suspended the notice of violation to allow both parties to work cooperatively on a replanting plan. The town set a March 16 deadline. The Wagners submitted a plan prior to the deadline. The Molinellis submitted a plan on May 9.

The Molinellis’ attorney Jon Tuttle requested selectmen table the consent agreement for two weeks. He believed more time would allow for a resolution which benefited all parties without negatively impacting the June 15 replanting deadline.

“This agreement doesn’t include all the parties. We think one with a comprehensive solution benefiting my clients, the Wagners, and the town can be reached. So we are asking you to table this for two weeks,” Tuttle said.

But the selectmen and Wagners didn’t believe more time would result in a better deal. Selectman Kristina Ford asked Peter Wagner if he believed more time would improve his situation. Wagner said no.

“Obviously, trust is already pretty low. The end result is dictated by the rules, and our replanting plan met the rules, and we are paying for it,” he said.

Selectmen also thought the consent decree achieved their goal of replanting the shoreland zone. For any unresolved issues between the two neighbors, selectmen advised, court was a better forum.

“You had several months to work out an agreement or submit your own replanting plan, and you wait until the 24th hour to present one. I’m not willing to wait two more weeks,” said Selectman Chuck Cunningham.

Under the consent agreement, the Wagners will replant the property based on a plan approved by Lorrain and at their expense. The Wagners are responsible for on-site inspection in determining the plan’s effectiveness. They also agreed to pay $2,500 for Boothbay’s outside landscape architect consultant and legal fees. The Wagners are also liable for a $1,000 fine if they don’t comply by Nov. 1.

The Molinellis weren’t part of the consent decree. They appealed the violation. Gene Molinelli told selectmen Code Enforcement Officer Art Dunlap had previously approved their maintenance plan. Molinelli also described any violations as “minor” and “easily corrected.” But selectmen, again, disagreed. Town officials reported Dunlap had received the Molinellis’ plan, but he never approved it.

The appeals board will hear their petition at 6 p.m. Monday, May 21 in the municipal building.