JAY - The appeals board on Monday will hear James Crane's case that he violated the town's Shoreland Zoning Ordinance.

Crane stated in the appeal that he is willing to replant trees in the field off Route 140 along the Androscoggin River but without a certified plan, and he wants the $500 fine waived.

The Board of Appeals meets at 6:30 p.m. April 28 at the Community Building.

Jay Code Enforcement Officer Shiloh Ring cited Crane of Crane Bros. of Exeter, which has farm properties in Jay and Canton, for cutting mature oak trees along the Androscoggin River in violation of the town law.

The farm grows potatoes and produce.

Based on Ring's review of the site, a well-distributed stand of trees was not maintained within 75 feet of the river, she wrote. In addition, greater than 40 percent of the total volume of trees 4 inches or more in diameter were removed from the area within a span of 10 years. Both constitute a violation of the ordinance, Ring stated.

She issued a consent agreement March 19 requesting the landowner to voluntarily agree to pay a $500 fine by April 30 and to provide a restoration plan prepared and certified by a Maine licensed forester to accomplish replanting.

If Crane had agreed to the terms, the town would have relinquished its rights to prosecute the landowner for the violations.

According to Crane's reply to Ring's first letter on Nov. 7, 2007, several mature oaks were cut along the field edge. All were mature, old-growth oaks, he wrote, with most tipped over with the upper crown in the river. Some of the better logs were sold as saw logs, but most were cut into firewood to heat the farm shop in Canton, Crane wrote.

The cutting took place from Dec. 20, 2006, to March 15, 2007, he said.

The reason for the cut, he said, was: "Our business is farming; therefore the fields are our main concern. Most of the trees that were cut were past maturity oaks. Most had tipped into the river ... These trees freeze into the ice, then when the ice goes out in the spring it takes the tree and the root ball, which leaves a huge hole in the bank, that over times and high water washes away the edge of the field . . . Depending on the spring season, almost everyone of these trees would be taken down river, exposing the field to erosion and the subsequent loss of the edge of the field. We felt it was far better to stabilize the bank with the stumps and root ball in place, as the trees are going to die anyway."

Crane wrote that he had reviewed the shoreland zoning ordinance and it refers to tree removal for safety.

"We feel it is a safety issue for the fields which is our livelihood," Crane stated.

"We are certainly guilty of not consulting you for the cutting operation and for that we apologize. There are more trees in the same situation that will be taken down the river in the future if they are not cut soon, and we need to seek your advice to cut them. If it would help you in your enforcement position, we are willing to replant some trees on the cut bank. There are several small hardwoods growing back as well."

Crane and Ring were unavailable for comment Friday.