Winterport to ask for $100 to take dam Town officials determine vote needed

WINTERPORT – Residents attending Saturday’s annual town meeting will be asked to approve spending just $100 to take control of the West Winterport Dam by eminent domain.

Selectmen had approved the $100 figure last fall. But when the issue was discussed in Waldo County Superior Court last week, town leaders determined that a town vote was needed to undertake eminent domain proceedings and assess damages.

The town and residents of neighboring Frankfort are fighting to gain control of the dam on the Marsh Stream to prevent the conservation group Facilitators Improving Salmonid Habitat, or FISH, from tearing it down. FISH wants the dam removed to allow spawning fish to have access to the upper reaches of the stream.

The towns want to save the dam as a source for water for fire protection, as a flood control barrier and for recreation. Residents from both communities have appropriated $70,000 from each to fight FISH and dam owner John Jones.

When informed of the town’s latest action, Jones chuckled and replied: “Isn’t this interesting? If they think this dam is worth $100 I’ve got some oceanfront property in Arizona they should look at and claim it’s a Great Pond for flood and fire protection, too.”

Besides the issue of the dam, residents attending town meeting also will act on the proposed $3.6 million municipal budget.

The annual town meeting will be held at 10 a.m. Saturday, June 14, at the Samuel L. Wagner Middle School.

Jones decided to rid himself of the dam after he dismantled its hydroelectric generating station in 2001. The Federal Energy Regulatory Commission authorized Jones to turn in his license and the state Department of Environmental Protection issued a permit for its removal. Jones gave FISH permission to obtain the permits.

The town meeting article states that just compensation for the eminent domain taking of the easements and permits should be set at $100 for FISH “and or” Jones. It further states that the amount of damages can be increased provided it does not exceed the remaining balance of the $70,000 appropriated to fight the dam’s destruction.

Winterport Town Manager Leo LaChance said the selectmen approved the amendment during a special meeting Saturday. LaChance said the board did so to ensure it was legally covered to take the easements.

“We’ll do it as many times as we think is necessary,” said LaChance. “It’s not going to change because we don’t want the dam to go.”

Bill Townsend, president of FISH, declined comment until he reviews the amendment.

“I will have to look at this with some care and see how we go from there,” Townsend said.

During DEP hearings on the removal permit, the town argued that the 50-acre impoundment behind the dam constitutes a Great Pond and thus is protected from being drained. DEP rejected that argument.

Five cases involving the dam are pending in Superior Court. The town has appealed the granting of the DEP permit, and FISH is challenging the town’s attempt to take the dam by eminent domain, its attempt to require FISH to obtain a shoreland zoning permit from the town, and its failure to assess damages for the eminent domain taking. FISH also is challenging a temporary restraining order blocking FISH from demolishing the dam.