September 20, 2024
Business

Palmyra bottling firm promises cooperation

PALMYRA – Rather than forcing Palmyra officials to hire a hydrogeologist, retain an attorney and put a moratorium in place, the partners in a water extraction proposal off Route 100 agreed Wednesday night not to submit any business applications until after the March annual town meeting.

This would give town officials time to create a town water extraction ordinance to protect local water supplies.

“We’re willing to live with any regulations you adopt,” Henry Shaw, a partner in the bottling venture, told more than three dozen people, including the entire Board of Selectmen, three lawyers, and a hydrogeological consultant, who attended the planning board meeting. “We are not trying to hurt our neighbors.”

Pine Grove Springs LLC, owned by Shaw, Kenneth Cianchette and Elton Nason, is currently drilling test wells on 92 acres surrounding a former fish hatchery and plans to construct a bottling plant that will provide up to 300 jobs.

Augusta attorney Clifford Goodall, a land use specialist, represented Hobart Kemp at the meeting. Kemp owns Pleasant Acres trailer park, which borders the Pine Grove property.

Kemp has 75 homes in his park and provides water from two wells. He told the planners that his well levels are already affected by test wells and backed a 180-day moratorium on all water extraction efforts to give the town time to create the water extraction ordinance.

Goodall was surprised, however, when the planning board said they had already requested a moratorium and that it fully expects to have such an ordinance ready by March. Chairman of the selectmen, Sheila Later, also said it was the selectmen’s intent to back such an ordinance.

“We also want the town to have a safe set of regulations,” Shaw said. “No application will be submitted before the March town meeting.”

Shaw said he would have Pine Grove’s attorney, Michael Hodgins, draw up an agreement ratifying that. “We have no intentions of coming before this board until you can get an ordinance in place,” he said.

Despite that assurance, Goodall said he still plans to present a sample moratorium request, which would require being adopted at a special town meeting, at the next selectmen’s meeting.

Kemp said his well drops 7 inches each time Pine Grove runs a test.

Pine Grove’s hydrogeology consultant, John Peckenham, said that the variations in Kemp’s wells cannot be attributed to the testing.

“Variations of several inches to feet are normal,” he said, depending on the weather and the geology feeding the well.

Shaw said that all the preliminary tests on the water supply and quality were completed last week and now are being analyzed. “When the results are complete, we are willing to share that with you,” he said.

Early in the meeting, Goodall presented an overview of the state’s water extraction laws, saying there is very little protection for landowners.

“Maine is one of the few states remaining that recognize absolute dominion,” he said, which means that every landowner controls his own land.

There are some exceptions, he said, including one that allows homeowners to seek relief if a neighbor interferes with their water use.

“This law only protects homeowners,” Goodall said. “Farmers, municipal buildings and businesses have no benefit or protection.”

Goodall explained that bottling companies must be licensed by the Maine Department of Human Services and that there are some general rules by the Maine Department of Environmental Protection involving wetland protection.

As for Palmyra’s zoning regulations, Goodall said it is unclear whether Pine Grove would even require a local permit for such a bottling facility.

He suggested that the planners and the selectmen review the 20 or so water extraction ordinances currently in effect in Maine and tailor one to Palmyra.


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