In a case involving a Long Pond property, the town has imposed a new fine of $2,500.
By Cora C. Briggs
Special to the Sun Journal

LIVERMORE – Landowner Joe Diaz first appeared to accept the terms of the consent agreement prepared by Code Enforcement Officer Richard Marble Monday night until selectmen proposed a $2,500 fine.

At that point, Diaz vowed, “I will go to court over that, I don’t feel I did anything wrong.”

“What kind of person are you?” Diaz asked Selectperson Brenda Merrill, who made the motion. “It’s too bad when someone says you did a good job, and you turn around and fine me $2,500 for doing a good job.”

“You violated the July 17, 2002, court order,” Merrill told him as the board backed up her motion with a unanimous vote.

At issue is work Diaz allegedly has done on his lot on Long Pond, which violates state law and Livermore’s shoreland zoning ordinance.

The work is described by Marble as cutting vegetation within the 100-foot buffer strip, digging out a small stream making it into a drainage ditch and removing vegetation within 100 feet of the lake.

According to Marble, Diaz was found guilty of the same violation on July 17, 2002. Part of that decision included the following: “The defendant is enjoined from cutting any woody vegetation in the areas already cleared by the defendant and/or subject to the ordinance that are located within 100 feet of Long Pond or within 75 feet of the stream on defendant’s property until there is a minimum stocking of trees as outlined by the ordinance and the town has agreed in writing that such cutting is appropriate.”

For the first violation, the court ordered Diaz to replant trees and to pay the town of Livermore $500 for expenses associated with the action.

The board gave Diaz until Oct. 14 to pay the new $2,500 fine and to sign the consent agreement, standing behind their code officer’s recommendation.

Marble explained why this fine was so much higher, noting that such a violation carries a fine of $100 to $2,500 for a first offense. For a second violation it goes to $2,500 to $25,000 per day.

In other business, Town Clerk Renda Libby reported that tax bills had gone out smoothly and thanked the board for allowing her to attend a recent elections conference and a secretary of state’s conference so she could keep up with changes in the laws. Resident Cheryl Letendre expressed her appreciation to the staff for helping her recently.

Don St. Laurent, who’s been working part-time with the highway department, will take the full-time position being vacated by Ben Wilson who is retiring Friday.

Lester Donahue will be offered the part-time position, and the town will seek a couple relief drivers for this winter.

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