DEP: landowner violated resource protection act
Lincolnville — A judge entered a default judgement and order against Richard Rosenberg in March 2014 for failure to appear on charges of violating the Natural Resources and Protection Act.
Rosenberg constructed a patio and retaining wall adjacent to Levenseller Pond as well as disturbing soil and bringing in crushed stone, according to a monthly enforcement report from the Maine Department of Environmental Resources. A portion of a dock and two barges or dock structures also had been constructed without the proper permits, the report states.
Rosenberg violated the act "by performing or causing to be performed, filling, displacing soil or other material adjacent to a great pond, and constructing or altering permanent structures in and adjacent to a great pond without first obtaining a permit from the department," the report states.
Rosenberg was offered three options — to submit after-the-fact applications for the work, to submit a restoration plan or to remove the structures in violation. A $4,490 fine was also imposed.
According to previously published reports, Rosenberg has a long history of land use violations in the town going back to 2002. Two judgements have already been levied against Rosenberg, one in 2002 and another in 2011. It was reported in 2002 that Rosenberg, who owns several Lincolnville parcels, had ignored two stop-work orders from the town while performing renovations to a cottage at 13 Rosenberg Road.
More recently, a more than $23,000 judgement in favor of the town was granted when a judge found that Rosenberg had illegally removed natural vegetation in the shoreland buffer zone.
Selectmen in December 2012 again authorized legal action against Rosenberg for the docks and barge. According to previously published reports, Town Attorney Sally Daggett was authorized "to take any and all action — including, without limitation, filing in state court for the land use violations recently identified by the [Code Enforcement Officer] in 2001 that have not yet been cured."
Rosenberg has not returned an email request for comment.
Courier Publications Editor Stephanie Grinnell can be reached at 236-8511 or by email at email@example.com.