This site is an account of how the Department of Environmental Protection (DEP) has “influenced” the Town of Lyman to revoke a 4-year old building permit for our 8×10 shed & gazebo (on blocks), because of their proximity to the lake, despite their historic presence of 25 years. On the flipside, the Town/DEP agreed to the neighbors proposed “resolution agreement” that included removing their unpermitted cargo storage container in exchange for the Town/DEP’s permission to build a “loft storage” addition. This addition involved excavation and the pouring of a new concrete foundation (2 cement trucks) all within 50 feet of the pond (which was not indicated on the building permit application and did not have a DEP permit (PBR)). The issuance of their permit occurred after citing our shed and gazebo were “serious violations”. In addition, the Town/DEP granted our neighbors grandfather status for two unpermitted docks, one of which had been discontinued for six years, the other had been moved to a more non-conforming location over the property boundary.
This situation undermines the public trust in permitting and needs to be rectified and not targeted towards the people who take out permits in good faith.
This website will also address other unpermitted activities by the neighbor, another of which includes the unpermitted placement of fill in the shoreland zone and excavation (by the roadside and shore).
Firstly, why is Kalinich so intent on pursuing us, the people who actually got permits? In fact the Town/DEP granted grandfather status for the neighbors non-conforming structures and ignored other unpermitted activities (excavation/fill). Email communications between the Town, DEP and the Houys revealed that Kalinich was “involved”. Why is he so intent on helping the neighbors? One can surmise the answer to that question. The questionable decisions speak for themselves.
There needs to be some improved oversight to protect residents from these types of questionable decisions. Furthermore, these local decisions will undoubtedly have an effect across the entire State of Maine.
Below are some examples of these questionable decisions:
1. Excavating and pouring a concrete foundation within the protective buffer zone of the pond.
DEP rep, Jeffrey Kalinich and the Town ignored the fact that our neighbors excavated and poured a new concrete foundation within 50 feet of the Pond, without a DEP permit. They turned their garage and addition into a “mini mansion:.…… read more
2. Installing an unpermitted boat dock
Besides the fact that the neighbor’s boat dock had been discontinued for six years, the boat dock was granted grandfather status based on a “historic” picture (supposedly pre shoreland zoning laws) that only showed the presence of a swim float. Furthermore, our neighbor claimed that two docks were present when they purchased the property in 2010, but that’s untrue – the previous owner discontinued the dock in 2004.…… read more.
To prove bias, we presented the same picture as evidence to grant our gazebo grandfather status. We were denied because according to Kalinich our gazebo did not exist pre shoreland (then how did the neighbors boat dock?)..…… read more.
3. Moving a dock from its grandfathered location
The neighbors moved their other dock (T-shaped) from it’s historic grandfathered site to a location over the property boundary making it more non-conforming. This dock was still granted grandfather status..…… read more.
4. Unpermitted work in and adjacent to Wadleigh Pond
A July ’21 report from a DEP field inspector (prior to Mr. Kalinich’s involvement) concluded that there was unpermitted filling activities by the Houys along Wadleigh Pond Rd. and the shoreline. Why has DEP not followed up with this violation since that time?
Former selectman, John Houy, digging by the shore, to place posts for a spite fence.
Today only one tree remains on the Houy property. Trees were supposed to have been replanted. Google satellite image of 9/2015 (left) and 5/2023 (right).
Many recent questionable decisions made by Mr. Kalinich, to not enforce and even allow violations, raises many red flags.
We believe the role of Town officials should be to help residents navigate the vast number of Shoreland Zoning Ordinances, they should not actively try to invalidate permits granted to residents several years earlier, while allowing other residents to repeatedly violate Town/DEP regulations. For some reason, Mr. Kalinich is so concerned about our small structures, which sit on blocks, they have gone back to the mid 1990’s to find evidence to support their claims.…… read more. This sets a very dangerous precedent. For example, a previous owner of our neighbor’s property created a garage by joining two sheds and pouring a concrete slab. Our neighbor then converted the garage into an even more non-conforming structure through the addition of “loft storage”. One would think that Mr. Kalinich would consider this to be a very serious violation, and demand its removal..….. read more.
The recent decisions made by the DEP /Town should have a profound impact on how we interpret shoreland zoning rules and permitting moving forward. One would expect that all residents would benefit equally. However that is not what happened in our case and will likely not happen for most residents. A two-tiered system is just not acceptable.
On November 14th, at a Zoning Board of Appeals meeting, our shed and gazebo permits were restored by a unanimous vote of the ZBA members.
All of the information provided on this site is publicly available in Town records and Court documents.