ROBBINSTON – It was a nuts-and-bolts kind of meeting Thursday and when it was over the Planning Board gave Downeast LNG approval – contingent on it getting the necessary state and federal permits – to seek the rest of the permits it needs to build a multi-million-dollar liquefied natural gas facility in Passamaquoddy Bay.
Earlier, the company applied for a conditional land-use permit for its LNG terminal in Mill Cove. The design calls for a pier and one or possibly two storage tanks.
“What Downeast LNG is asking the town to do is give them a conditional permit to develop an LNG facility consistent with the documents that were provided,” the town’s attorney, John Churchill, said. “That facility is largely in what is called a management district. The pipeline itself runs across the shoreland zone and we will also consider that.”
Churchill explained that the Planning Board was limited in what it could do. He said they were required to look at the ordinance and decide if the company’s proposed plan met the criteria established by the town in its ordinance. “The planning board is not making a political decision. It is making a decision based on the criteria that we are going to go over one by one,” he said.
For the most part, the meeting appeared to be a slam-dunk for the company. Except for two or three questions from the public, there was no organized opposition. At the start of the meeting, the Planning Board did address a petition that asked them to table the application, but said the Maine Municipal Association had advised them that they could not do that.
The Planning Board then turned its attention to the application. Among the considerations – the impact on groundwater and water discharge.
In its 25-page application, Downeast LNG said they would use one or more groundwater wells to supply potable water, and there would be no adverse impact on the town’s groundwater.
They also said there was no indication that the project would result in a discharge of water that would negatively affect the environment.
The Planning Board also considered sewage disposal, air pollution and soil erosion. Company Vice President Rob Wyatt assured them that there would be no problems in any of those areas.
And noise would not be a problem because the application said that the company already had a noise control agreement with the town.
“Fortunately, noise generation from an LNG terminal is not a significant issue,” the application said.
On the issues of surface water drainage, exterior lighting, landscape, road access and vehicular access, the application said the company would meet all town standards.
The meeting Thursday night contrasted sharply with a meeting in St. Andrews, New Brunswick, the night before.
At that meeting, the mayor of St. Andrews made it clear that his town would take no prisoners when it came to fighting construction of the facility in neighboring Robbinston.
St. Andrews and Robbinston share Passamaquoddy Bay.
Plans call for the company to build a pier and storage tank facility across from this idyllic tourist community.
Shortly after town residents learned that a facility would be within view, they mounted an aggressive anti-LNG campaign that resulted in an announcement by the mayor Wednesday night that they would fight the project not only in parliament in Ottawa, but in the courts.
The mayor’s message also was directed at Oklahoma-based Quoddy Bay LLC – which has partnered with the Passamaquoddy Tribe at Pleasant Point to propose a facility at Split Rock – and the Indian Township-based Calais LNG, which hopes to build a facility in Red Beach just south of that city’s downtown area.
As proposed, LNG ships would have to navigate Head Harbour Passage near Campobello Island, New Brunswick, before reaching port in Maine.
Opponents of the project claim that Canada can keep the ships out. But proponents argue that U.S. ships have the right to enter Canadian waters because of agreements with the country that allow their ships to enter U.S. waters.
Federal lawyers in the United States and Canada are busy interpreting the terms “innocent passage” and “friendly traffic” and other relevant legislation on maritime laws, officials said. The mayor also suggested that the developer seek out backers with “deep pockets” to fight the battle.
Downeast LNG President Dean Girdis said Thursday the company did have deep pockets, but added that he did not believe St. Andrews’ legal threats would prevail.
“Current law in Canada defines Bay of Fundy and Head Harbour Passage as a territorial sea. A territorial sea falls under the rights of innocent passage,” he said. To change the law, Girdis said, the country would have to change its regulations.
Asked if the town could tie the company up in civil court, Girdis said, “I am not a lawyer. In America we are a litigious society. I am not familiar enough with legal challenges to know what that would be, but if there was a challenge we would defend it.”
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