CAMDEN — Saying the property owners at 3 Metcalf Road in Camden have taken responsibility for killing vegetation on their neighbor’s property at 1 Metcalf Road, Camden Planning and Development Director Jeremy Martin is now ready to seek compensation on behalf of the town.

The Camden Select Board agreed Tuesday evening, July 12, following a report of the ongoing negotiations amongst attorneys representing the various parties.

“The Bonds [Amelia and Arthur Bond III] have accepted responsibility for what they have done,” said Martin at the meeting.

Camden had issued a Nov. 28 violation notice alleging that the Bonds, of St. Louis, Missouri, were responsible for herbicide application to vegetation and trees at 3 Metcalf Road, a waterfront home owned by Lisa Gorman, of Yarmouth.

The application resulted in damage to trees in the shoreland zone, and violated two regulations of town ordinances: Cutting too close to the shoreline and clearing too much vegetation from the property, said Martin, last year. Camden does not have regulatory oversight of pesticide/herbicide applications on private property, but its land use ordinance regulates tree-cutting in the shoreland zone, as does the Maine Department of Environmental Protection. 

Maine’s Board of Pesticide Control regulates herbicide applications, and on July 21, it will consider its own consent agreement with the Bonds at its regularly schedule monthly meeting.

Martin said the Bonds and Gorman reached a private “very large” settlement and they have resolved their issues.

The Select Board will see that settlement amount when Martin and Camden Town Attorney William Kelly finalize the town’s own draft consent agreement. 

The town is also mandating that the Bonds pay approximately $30,000 for the environmental monitoring and sampling of Laite Beach to make sure no herbicides trespassed onto the publicly owned waterfront parcel. A contracted firm is to dig a well and sample the soil, said Martin.

Martin said July 12 that the town could levy financial penalties of $100 to $2,500 per day per violation.

The Bonds did not appeal the violation, received Dec. 17, “so technically under the law we can pursue financial penalties from both violations for a total of $200 to $5,000 a day per day, per violation,” he said, adding that he calculated a 90-day period of violations.

The Bonds worked with Gorman, the town and the state, and accepted responsibility, he said.

Since then, there has been a full restoration of the site, he said.

“Did they give a reason,” asked Select Board Chair Tom Hedstrom, concerning why herbicide was applied to the trees and vegetation, and trees were topped.

Caler said the reasoning stated was because the trees were suffering from brown tail moth infestation.

Martin added that tall Hemlock trees in front the Bonds’ deck that faces Camden Harbor were topped.

“I’m going to push for $2,500 a day,” said Hedstrom. “For as many days as we can possibly get. This is gross. A ridiculous offense. I have no words for it. I am astounded.”

“Agreed,” said board member Sophie Romana.

“Agreed,” said Martin.

He added: “I said in our notice and I did say to them I find it egregious and indicated we would be seeking maximum penalty.”

Board member Alison McKellar said: “You cannot decide to put your neighbors’ trees out of the misery by suffering from brown tail moths.”

Martin said Lisa Gorman had been treating her trees already for brown tail moth infestation.

Romana said the outrage throughout the town is high.

McKellar said she has heard nothing but support from people she does not normally hear from wanting to, “make sure we take care of this completely and impose the maximum penalty.”

“We’re doing our best,” said Martin.