i jnieszka A. Dixon: afponwers AT LAW oom sbon@oumiancon {4 Marginal Way, Sute 600 Portand, Maine 04101-2480, 2OTTI2AGAT Wi 207.772.3621 Fax October 6, 2022 VIA FEDEX OVERNIGHT DELIVERY AND EMAIL TO. mnilanjamieson19@zmail.com, rw1613@yahoo,com, and JSCANLON3 @iroadrunner.com Town of Pembroke 48 Old County Road Pembroke, ME 04666 ‘Attn; Selectmen Milan Jamieson, Brent Ellinwood, and Russell Leighton RE: — Smithereen Farm LLC; Notice of Appeal of CEO Disputed Condition for 13 Little Falls Road (Tax Map 17, Lot 36), Pembroke, Maine Dear Messrs. Jamieson, Ellinwood, and Leighton: AAs you know, on September 27, 2022, we sent a letter to Town Attorney Dennis Mahar requesting that he advise the Town's Code Enforcement Officer ("CEO") to rescind a permit condition that the CEO included in a permit for the change of use to a commercial kitchen of a building located at 13 Little Falls Road (Tax Map 17, Lot 36), which had already been approved by the Town’s Planning Board. Our letter explains that the CEO's permit condition, among other things, is contrary to the Town’s ordinances and the Maine Subsurface Wastewater Disposal Rules, is an untimely appeal of the Planning Board’s decision, and gives rise to legal causes of action against the Town, Itis abundantly clear that the CEO should rescind the permit condition and allow the Planning Board’s decision to stand—not only in faimess to the landowner, but also to avoid subjecting the Town's taxpayers and our client to the costs of a needless appeal. To date, however, we have not received any response to our letter. Consequently, we have no choice but to file a notice of appeal of the CEO's iterests, (As noted in our letter, if the CEO rescinds the decision in order to protect our clients property permit condition, we are prepared to withdraw this appeal.) Accordingly, on behalf of Smithereen Farm LLC, please find enclosed three paper copies of a Notice of trative Appeal, submitted pursuant to Section 16.H(1)(a) of the Shoreland Zoning Ordinance for Admi the Municipality of Pembroke (“SZ Ordinance”), appealing to the Pembroke Board of Appeals the CEO's permit condition. (On October 5, 2022, our office contacted Town Clerk Janice Scanlon, and we were informed that the Town does not have an appeal application form and does not charge any fees associated with filing a Notice of Appeal; therefore, no application fee is enclosed.) Please forward the enclosed Notice of Administrative Appeal to the Town’s Board of Appeals. To the extent a Pembroke Board of Appeals has not been convened, you must appoint the members of the Board immediately. See 30-A M.R.S, § 2691(1); SZ Ordinance § 16.A(2). 800.727.1941 | dwmiaw.comithacen Farm LLC; Notice of Appeal of CEO Feri Conition e ‘Page 2 | October 6, 2022, Ordinance, h Tn light of the Town's lack of responsiveness to In accordance with Section 16.H(4)(aX(v) of the SZ: i ‘ons of certain Town officials regarding novo” ri Phonan alse note that because the Town Attomey has advised the CEO on this matter, he is conflicted out Gf representing the Board of Appeals in this matter. Accordingly, the Select Board must retain another attomey to represent the Board of Appeals. ‘Town has a legal obligation under the U.S. and Maine je notice to our client of any meetings or Finally, as you are now well aware, the Constitutions, as well as the Freedom of Access Act, to provid hearings concerning this appeal.' Accordingly, of ing ic hearing ft Please do so by emailing ‘uritten notice of any such publie proceedings to our attention at adixon(@idwmlaw.com and gbums@dwmlaw.com. ‘Thank you for your attention to this matter. Agnieszka A. Dixon Giédy R. Buns Attorney for Smithereen Farm LLC Attorney for Smithereen Farm LLC Janice Scanlon, Town Clerk (via email) James Slowe, CEO (via email) Dennis L. Mahar, Esq. (via email)INISTRATIVE APPEAL NOTICE OF ADMI MITHEREEN FARM LLC; LOT 36), PEMBROKE, MAINE This Notice of the Shoreland Zoning Ordinance for ‘As required by Section 16(H4) of the SZO, ‘and why the appeal should of existing buildings and: s required relief is requested showing lot lines, location to the relief sought (Attachment B). ® ‘The undersigned duly authorized repgesentative _at the offices of Drummond Woodsuri to Ps sa tate (TAX MAP 17, ‘enclosed is (1) A concise written statement be and (2) A sketch granted ne structures and other physical features ofthe is filed by Smithereen Farm LLC pursuant to Section 16.H(1Xa) of lity of Pembroke (“SZO"). it Appeal ‘the Municipality of ‘drawn to scale ot pertinentNOTICE OF ADMINISTRATIVE APPEAL IN RE: SMITHEREEN FARM LLC; 13 LITTLE FALLS ROAD (TAX MAP 17, LOT 36), PEMBROKE, MAINE ATT NT. CONCISE WRITTEN STATEMENT INDICATING WHAT RELIEF IS REQUESTED ‘AND WHY THE APPEAL SHOULD BE GRANTED ‘Why The Appeal Should Be Granted: ‘On August 9, 2022, the Town's Planning Board granted Smithereen Farm a permit for the change of use of a legally existing nonconforming structure (known as the “Minke”) located at 13 Little Falls Road in Pembroke, Maine, so that Smithereen Farm could operate a commercial kitchen in the Minke. On September 12, 2022, Town Attorney Dennis L. Mahar delivered a letter to counsel for Smithereen Farm LLC, which contained a document dated September 7, 2022 and signed by the Town’s Code Enforcement Officer James Slowe that, among other things, purports to grant a conditional permit for the same change of use of the Minke. A condition of approval contained in paragraph I of the Code Enforcement Officer's document would require Smithereen Farm to install a new septic system before operating the Minke commercial kitchen (the “Disputed Condition”). ‘As explained in the enclosed legal memo from Aga Dixon and Grady Burns, attorneys at the law firm of Drummond Woodsum, the Disputed Condition is (1) contrary to the plain language of the Town’s ordinances and the Maine Subsurface Wastewater Disposal Rules, (2) is an ultra vires action of the Code Enforcement Officer and a de facto untimely appeal of the Planning Board’s permit, and (3) gives rise to a number of constitutionally grounded causes of action against the Town. For each and all of these reasons, the appeal must be granted. Requested Relief: hh sei ‘Smithereen Farm respectfully requests that the Board of Appeals grant this administrative appeal and vacate the Disputed Condition. : 1p snare 9 neil ge aud207 253.0592 aniena A Dixon DrummondVWVoodsum eat Saoerem a Tenneve AT ca iiheti es tion shires sta ae ua myrraser f MEMORANDU M Ociober 6, 2022 To: Town of Pembroke Board of Appeals FROM: Aga Dixon and Grady Burns Drummond Woodsum RE: Legal Memorandum in Support ‘of Administrative Appeal of ‘Smithereen Farm LLC; 13 Little Falls Road (Tax Map 17, Lot 36), Pembroke, Maine ‘We represent Smithereen Farm LLC with respect to an. ‘administrative appeal of a permit condition attached to a permit issued by James ‘Slowe, Town of Pembroke Code ‘Enforcement (“CEO”), and delivered to our firm on September 12, 2022. ine, is working in partnership with the ‘Smithereen Farm, the largest agricultural operation in Pembroke, Mai Downeast Maine Blueberry Processing Coop and nearly a dozen participating farms ‘0 redevelop Blopidated commercial property along the Pennamaquan River in Pembroke to establish one of the very few commercial kitchens in Washington County. Dennis L, Mahar delivered a letter to us, which included @ On September 12, 2022, Town Attorney document dated September 7, 2022 and signed by the CEO. Among other things, the CEO’s document purports to grant a conditional permit for the change of use of a legally existing nonconforming structure on leased by Smithereen Farm Jocated at 13 Little Falls Road in Pembroke, Maine, and known as the “Minke” (the “CEO Permit”). A condition of approval contained in paragraph 1 of the CEO Permit ‘vould prevent Smithereen Farm from using a functioning, grandfathered septic system to serve the Minke and would instead require Smithereen Farm to install anew septic system prior to operating a commercial kitchen in the building (the “Disputed Condition”). dK A For the reasons explained in Part I, below, the Disputed Condition is contrary to the plain language of the Town's ordinances and the Maine Subsurface Wastewater Disposal Rules, is an ultra vires action of the CEO and an untimely de facto appeal of the Planning Board’s dec’ constitutionally grounded causes of action against the Town, = At beeare? ol de en CED cr a BACKGROUND AND PROCEDURAL ocal permitting appro “January 2022, when t irements for the proj is Smithereen Farm has been seeking lo commercial kitchen at the Minke since seek guidance on the local permitting reaui be projet, O Fee crm0z2 tin ower epoks waa enmaed wits Town Oicat lanai Se Yow e aed “cing clarification about the local permitting requirements. aa re pore ana Altvater to inspect smithereen Farm hired licensed site evaluators Sam Altvater and Dana Al ‘tn May 2022, Smitren Farm ees te Mine ano design a replacement septic stem {036798 ecient are ce i ee nig sete oe Fresceied on April 13, 2022 by Sam Altvater and found to be not malfunctioning, The replacement septic system was designed by Dana Altvater on June 14, 2022. i law firm of On June 10, 2022, we emailed the CEO informing him that the law firm ; ritined by Smithereen Farm to assist with the local permitting process for, among other things, a proposed Change of use of the Minke and continued use of the existing septic system, and requesting copies of the ‘Town's building permit and shoreland zoning permit applications. The CEO responded to the email by forwarding the application forms to counsel via email on June 15, 2022. Minke. In that On June 17, 2022, we emailed the CEO a summary of Smithereen Farms’ plans for the email, we stated that Smithereen Farm: proposes to install a commercial kitchen to process agricultural crops 2 intend to ‘No expansions/additions are proposed to any of the existing buildings. We continue to use the existing septic system. We have an inspection report demonstrating that the existing septic system is functioning and we have a replacement system design. ‘Drummond Woodsum has been (Emphasis added.) The email communications between us and the CEO from June 10 to June 17, 2022 are attached hereto as Exhibit 1. ‘Around this time, we also attempted to contact Terry Johnson, the Local Plumbing Inspector (the “LPI”) to secure his approval for the replacement septic system design prepared by Dana Altvater (known as the “HHE-200 Form”). We were informed by the Town Clerk that the LPI does not have an email address, does not hold office hours, and comes in to the Town Office on occasion to pick up applications, When we finally reached the LPI by phone, he offered no guidance on how he processes HHE-200 Forms, and refused to answer any of our questions. That same day, we attempted to deliver a copy of the HHE-200 Form to the LPI’s residence, but were told by the LPI that he would not accept a hand delivery. After these fruitless efforts, the owner of Smithereen Farm mailed the HHE-200 Form to the LPI’s home address. ? For example, on April 13, 2022, the CEO emailed the owner of Smithereen Farm it inqui , 2022, to her the local permitting requirements for the Minke, informing her that “If you have an peer ie, 211) from Terry Johnson the town’s LPI thats signed and numbered in the upper right comer of the permit that is all that's is required on an existing structure so [unless) this is some type of addition tothe footprint of the building scored bids mae (At no time has Smithereen Farm proposed or suggested that it would be adding om to expanding the Minke building.) It is not clear if the CEO ever directly informed the farm change use permit forthe Minke would be required or that the Planning Board is rrp pen ef n k is charged with it not until after the Planning Board approved the project in August 2022 thatthe CRO Hep isid aa kal nm for the Minke would have to be installed before operating theFe jereen Farm, along with a (On June 19, 2022, the LPI returned the unprocessed HHE-200 Form to Smithereen Farm, along hand-written note stating: Karen, complete. At least Town has question Street numbers are confusing. Terry Johnson A copy of the LPI’s note is attached hereto as Exhibit 2 “Karen” i cation was deemed “ incomplete” by the It remains a mystery as to who “Karen” is, why the applicat deemed “totally incomp! LPI (particularly given that it was prepared by a respected and experienced licensed site evaluator), or what was confusing about the street numbering (particularly given that the LPI had by this time already visited the property). On July 12, 2022, we called the CEO for assistance related to the LPI’s return of the HHE-200 Form and his failure to provide any meaningful guidance as to its deficiencies. We also sought clarification as to the local permitting requirements for the proposed change of use of the Minke. During our phone call, the CEO offered, among other things, to facilitate the LPI’s review of the HHE-200 Form by finding out and letting us know the amount of the plumbing permit application fee and by forwarding the HHE-200 Form to the LPL. The contents of that phone call were captured in an email of even date to the CEO. Attached to the July 12, 2022, email was a PDF containing a shoreland zoning permit application seeking a change of use for the Minke (the “Application”). In the Application, Smithereen Farm stated: The applicant proposes to continue to use the existing disposal system on the property until such time that the system malfunctions. A replacement system has been designed for such an event, and the area designated for the replacement system will be kept free of structures and reserved for this purpose. A copy of the existing system inspection report and the HHE-200 are attached hereto . .. (Emphasis added.) We contacted the CEO by email again on July 14, 18, and 19, 2022 requesting an update as to, among other things, the amount of the plumbing permit application fees and whether the CEO had delivered the HHE-200 Form to the LPI. The CEO responded to those emails on July 20, 2022, but did not answer these basic questions. We therefore emailed the CEO again seeking clarification. Finally, on July 22, 2022, the CEO responded by providing the amount of the plumbing permit application fees and setting out what needed to be done for the Town to process the HHE-200 Form and the Application. Based on the CEO's response, it is apparent that in the intervening two weeks since the HHE-200 Form and the Application had been emailed to the CEO, he had done nothing to facilitate the LPI’s review of the HHE-200 Form or initiate the Town’s processing of the Application. On the next business day, July 25, 2022, consistent with the CEO’s instructions, three paper copies of the Application, including the HHE-200 Form, were hand delivered to the Town Office, along with a check in the amount of $360. As with Smithereen Farm’s prior communications with Town officials, the Application clearly stated Smithereen Farm proposed to continue to use the existing septic system to serve the Minke us and the CEO on July 12, 14, 18, 19, 20, 22, commercial kitchen, The email communications between and 25, 2022 are attached hereto as Exhibit 3. A copy of the Application and an acknowl of recei signed by the Town Clerk are attached hereto as Exhibit 4. re DeeUnder Sexton 12.C(S) of the Shoreland Zoning Ordinance for the Muniipaliy of Pembroke Later, Seaton 12.6.0 of, Panning Bourd is chaged with reviewing applications for the changs of Se GSZ Ordinance’) te Torch at the Minke. Accordingly, in our cover letter o the Application, we fa nonconforming oon be forwarded to the Planing Board of is review and asked the Town sarees to adic when this mater will appear on the Planning Board's agenda Despite several email inquires, neither we nor Smithereen Farm ever received notice of any kind from any Pear eve coading whether oF ifthe Application had been accepted or would be taken up by the Planning Board. tnstead, on Friday, August ered om our own accord—by caling the Planning Board Instead on jeard intended to take up the Application at a meeting on the following son Ie gant 3022, When asked ifthe Town had or was planning on alerting us that a meeting Ray pplication bad been scheduled, the Town Clerk stated that not only had the Town not or ecading meeting, but that the Town had had no intention of doing so. The Town also failed wo put out any public notice or agenda Likewise, on August 5, 2022, our office discovered on our own accord—by ea that the LPI had approved the replacement septic system design for the Minke and had approved HHE-200 Form to the Maine Department of Health and Human Services (“DHHS”) for variance 5, 2022, we di ‘of the Planning Board meeting.” calling the LPI at his home— forwarded the approval “last week.” On August 9, 2022, the Planning Board took up the Application and, following discussion with legal counsel and agents of Smithereen Farm, unanimously voted to approve the Application. The meeting was openly audio recorded by us and a copy of the audio recording can be provided to the Board of Appeals upon request. The following week, on August 15, 2022, a permit was provided to Smithereen Farm by the Town Clerk, which was signed by Planning Board Chair Shane Curtis, stating as follows: This is to certify that Smithereen Farm LLC has permission to operate a commercial kitchen at 13 Little Falls Rd provided that the person or persons, firm or corporation accepting this permit shall comply with all of the provisions and Statutes of Maine and of the Ordinances of the Municipality of Pembroke regarding the construction, maintenance and use of buildings and structures, and of the application on file in this department. (the “Planning Board Permit”). A copy of the Planning Board Permit is attached hereto as Exhibit 6. No one appealed the Planning Board’s approval of the Application. On or about August 18, 2022, the CEO spoke with Ben Metcalf, the Inspection Program Manager at the Maine Department of Agriculture, Conservation & Forestry (‘DACE”). Our understanding from Mr. Metcalf is that the CEO asserted that no local permit for the Minke had been issued. At some point, the LPI also spoke to Mr. Metcalf and, according to Mr. Metcalf in a subsequent conversation with our office, the LPI described the farm owner in unprofessional and disparaging terms. The confusion caused by this discriminatory meddling with the DACF licensing process has caused substantial delay in the DACF’s issuance of a commercial kitchen license to Smithereen Farm. * The only information available about the Planning Board’s meetings was a generic’ ‘blurb on the Town's website sas tat Paring Board meetings ar hc on th"2™ Wee of he Month pm at Pembroke Tow Offs ot ‘on Request.” When we asked the Town Clerk why the Planning Board was instead scheduled to meet on a Tuesday, date, the Town’s website has not been updated. 27, 2022, attached hereto as pl bai oe the Clerk stated thatthe information onthe website was out of date. To Exhibit 5. Ae tear iGito us. The CEO Permit «mS 12,2072, Town Amey fred oft CEO STN Tow bythe ‘on Setember 12,2022, the Town cre Aplcion sme, considered by and approved ess the APP vero inert eondition of approval that a "new rep enn Planing Bomrdend then pupa proved by the LET before any use ofthe [inks] tung can ne 1 einai Pert eong vith he tna Teter fom the Town Artorcy, Fereto as Exhibit 7 cussed next, the CEO's Disputed Condition must be vacated For each and all ofthe reasons dist I,__LEGAL ANALYSIS Jn language of the Maine Subsurface Wastewater ‘The Disputed Condition is contrary to the pl A isposal Rules. a new septic system before operating the Maine Subsurface that Smithereen Farm must install is contrary 1o the plain language of ti The CEO’s Disputed Condition: ) and is therefore unlawful, arbitrary and capricious. the commercial kitchen at the Minke Wastewater Disposal Rules (the “SSWD Rules’ ‘The SSWD Rules authorize the use of an existing septic system if is not malfunctioning. Specifically, Section 2(E)(2) states thatthe “reuse ofa legally existing, currently unused subsurface wastewater disposal is allowed” so long as the proposed reuse does not constitute an expansion, there are no records dications of the system malfunctioning in the past, and “[w]ritten ig system is complete and likely to function system. - ycement system criteria, but not of unresolved malfunctions or on-site inc verification is provided by a Site Evaluator that the properly and a replacement system is designed and permitted using replat required to be installed until and unless the existing system malfunctions." SSWD Rules § 2(E)(2) (emphasis added). In short, the SSWD Rules plainly state that the existing septic system serving can continue to serve the Minke commercial kitchen—as of right and without an application to or approval from the LPI—because: (1) the change of use does not constitute an expansion, as defined in the SSWD Rules; (2) there is no record of an unresolved malfunction or indications of the system ‘malfunctioning in the past; (3) a licensed site evaluator (Sam Altvater) inspected the system and provided written verification that the system is complete and likely to function properly; and (4) a licensed site evaluator (Dana Altvater) designed a replacement SSWD system to serve the Minke, and that replacement system design has been approved by the LPI and the necessary variance granted by the State Site Evaluator at DHHS. In other words, any requirement to install a replacement septic system before operating the Minke commercial kitchen runs afoul of the plain language of the SSWD Rules, which provide that a replacement system is “not required to be installed until and unless the existing system malfunctions.” Id. “The SSWD Rules enumerate some additional requirements for documentation and restrictions concerning building nthe replacement system ection and installing wells on adjoining properties that would prevent the installation of replacement septic in the future, it the leans Se ea ‘See SSWD Rules § 2(E)(2). Smithereen Farm can and will to comply‘his makes opie! sene: The purpose ofthe SSWD Res is, fundamentally o protect the public hel This makes logical sense: THe PUToot teat the public health—only a maifuncioning system docs. ‘ACSSWD Ru lg show forthe continued te of fnconing rem 0178 ren ae sey plan, inthe form of an approved replacement system design or mingney pln, in the fom fa nthe reyiiy of deeds for allt se), i the event thatthe existing re thatthe replacement septic system be installed prior to operating the wi to require the installation of a costly replacement system when he SSWD Rules is an error of law and amounts to an arbitrary insta septic system fails. ‘The CEO has no legal basis to rea commer! Kitchen. To condone exiting system is grandfathered under t ae ot For the Disputed Condition must be vacated. and capricious action. For this reason alone, 1B. The CEO has no jurisdiction to re-review a change of use of the Minke that had already been aa ee ge aaning Board, and he has no juradition to ssue the Disputed Condition. ‘The SZ Ordinance states plainly that the Planning Board—not the CEO—has jurisdiction to issue of a change of use permit for a nonconforming structure located within the shoreland zone. Specifically, the SZ Ordinance states: The use of a nonconforming structure may not be changed to another use unless the Planning Board, after receiving a written application, determines that the new use will have no greater adverse impact... than the existing use. SZ Ordinance § 12(C)(5) (emphasis added). ‘Accordingly, the Planning Board—not the CEO—is the proper reviewing authority for the proposed change of use of the Minke and for the associated continued use of the existing septic system. Indeed, the Planning Board acted on its authority on August 9, 2022, when it considered the Application and unanimously voted. to approve it. The CEO Permit as to the change of use of the Minke, and specifically the Disputed Condition, has no support in the Town’s ordinances and is invalid as a matter of law. Because the CEO has no authority to issue the Disputed Condition under the SZ Ordinance, it must be vacated. The Disputed Condition is an de facto appeal of the Planning Board’s decision, and the legal Cc principal of finality means that the appeal is untimely. The CEO's ultra vires action in issuing the Disputed Condition also functions as a de facto appeal of the Planning Board’s decision. If a person believes that a permitting decision was issued in error, state law requires that the person challenging the decision strictly follow the appeal procedures and time limits put in place by local ordinance to ensure that once an individual obtains a final decision, that person can rely on it “with confidence that it will not be revoked after he has commenced construction.” Juliano v. Town of Poland, 1999 ME 42, § 7, 725 A.2d 545. This is the case even when the party challenging the issuance of a permit is another agency or officer within the municipality, Id. The Disputed Condition attempts to supersede the unconditioned Planning Board Permit and thus operates as a de facto unlawful appeal of the Planning Board’s decision. If the CEO believed the Planning Board Permit was issued in error (it was not), the SZ Ordinance provides 2 process to address that issue—a timely appeal to this Board of Appeals. Section 16(H)(4)(a)(i) of the SZ Ordinance states that the Board of Appeals has jurisdiction to hear appeals from “any decision of the + Planning Board. ...” Such appeal must be filed within 30 days of the Planning Board’s decision. Id.1d the decision to the Board ject to the legal principle 9, 2022 and no one appeales permit from the CEO. tne Planning Board issued its decision on August : Fa ann at ny ponod. The Planning Board Permits therefore subjes oF Anpeals Wi ae de ed or altered by the issuance of «second, unto See hliane, 1999 ME 42, 725 A.20 S45 Court has stated that a code enforcement officer has no authority to Foe eect the code enforcement officer believes thatthe planning ity is te even if permit was, n fact, issued 184, 976-7, 713 A.24 162 (holding that that an Indeed, the Maine Supreme Judicial lity and cannot be overturned after the appeal disturb a final decision of the planning board made a mistake in its decision. This principle of fin in error. See Wright v. Town of Kennebunkport, 1998 ME administrative decision issued in error is still subject to fina period has run). “That is precisely what happened here when the CEO issued the Disputed Condition. The CEO cannot unilaterally override the terms of a permit issued by the Planning Board. For this reason alone, the Disputed Condition must be vacated. D. The Town’s failure to provide notice to Smithereen Farm and the CEO’s and LPI’s arbitrary, capricious, and discriminatory actions are clear violations of the Freedom of Access Act and ‘Smithercen Farm’s constitutional due process and equal protection rights. ‘The Town, through its systematic failure to provide adequate notice to Smithereen Farm throughout this convoluted and needlessly time consuming process, has clearly violated our client’s right of due process under the U.S. and Maine Constitutions and the Freedom of Access Act. See Michaud v. City of Bangor, 196 A.2d 106, 108 (Me. 1963) (noting both that “[nJotice and opportunity for hearing are of the essence of due process,” and that even “notice by publication is not enough with respect to a person whose name and address are known or very easily ascertainable and whose legally protected interests are directly affected by the proceedings in question”); I M.R.S. § 406 (“Public notice shall be given for all public proceedings.”). Moreover, the unjustified intercession by Town officials, including the CEO and LPI, in a state licensing proceeding, the open and documented disparagement of the owner and operator of Smithereen Farm, and (most recently) the purported issuance of the CEO Permit with the Disputed Condition, which is at odds with both the Town's ordinances and state rules, have created real and substantial costs of time and money to Smithereen Farm.’ These acts and omissions denote a level of unprofessional conduct that not only reflects poorly on the Town, but also gives rise to legal causes of action against the Town. Should ‘Smithereen Farm be required to vindicate its rights to the Planning Board Permit through a judicial appeal, we reserve the right to pursue vindication of these constitutional violations as well. CONCLUSION joing reasons, we respectfully request that the Board of Appeals vacate the For each and all of the foreg Disputed Condition. treated bi Town of Dexter, 2015 ME 135, Act does not protect individual (ye).Agnieszka A. (Pinette) Dixon Friday, June 17, 2022 303 PM From: eighton’ j scanlon « Sent: ce “Milan Jarnieson’ "Russ Subject: Re: Permit application forms for Pembroke Hisim, ieseems we have quite the game of phone tag ... Let me give you an update on Severine’s plans for the two properties on Little Falls Road, and peg you with a few questions by email to keep the Pall roling 1. Plans for the property at 13 Little Falls Road (Map 17, Lot 36) (formerly the motel and vostaurent): Severine proposes to install a commercial kitchen to process agricultural crops and install an outdoor spigot for watering agricultural crops and a handwashing station for workers. No ‘expansions/additions are proposed to any of the existing buildings. ‘We have an inspection report demonstrating that the existing SSWD system is functioning and we have a replacement system des'gn. We attempted to deliver the HHE-200 and jere informed by him that he Is sick and not able to accept @ order. variance request to the LPI today and w hand delivery. So we will mail the plumbing applications to him in short Questions: the plumbing pe-mit? The LPI did not tell us, and | presume that 2 ‘A. What is the application fee for check needs to accompany the application. the shoreland zone (limited commercial): Do you need us to ning application, or Given that the entire parcel i complete a Pembroke bullding permit application and a Pembroke shoreland 20" will one application suffice? Also, what is the application fee, $15 or $30? Do you need a copy of the DEP permit-by-rule for the greenhouse ( understand this was a condition of approval for the greenhouse), or do you already have this in hand? Would you prefer that we hold off on sending you the application until the LPI grants the plumbing permit and variance, or do we send you the materials now without the LPI's sign-off and follow up jeverine plans to convert a with a signed copy when Mr. Johnson provides it to us? 2. For the property at 12 Little Falls Road (Map 17, Lot 4) (the “Grey Lodge”) portion of the downstairs area of the Grey Lodge to a farm stand/farm store to sell local produce, jams, jellies, and other agricultural products that are grown on-site and off-site. The farm store will contain freezers and refrigerators, bulk foods in dispensers, shelves with shelf-stable products, and bins for potatoes and other fresh vegetables. There will be no preparation of food on the premises; however, there will be coffee and take-out foods (all prepared off-site) such as sandwiches available for purchase. The land next to the Grey Lodge will be used for a garden and plantings. An outdoor spigot will be installed to water crops. A portion of the downstairs of the Grey Lodge will be used for an office and store/shipping room. The upstairs of the Grey Lodge will continue to be used as a 1tis a mycology grow space and 51 oom, est sat any of this activity requifes a focal permit. AS yo land zone. Do we need a local permit? Lauestion: It isnot apparent to me that Sf the property is located outside the shore Thanks, aga ‘Agnieszka A. (Pinette) Dixon ‘ntomey 207 2530532 Dect | 207.713.6824 Cat ADzont@awmin com £8 Merpnal Way, Suite 600, Portland, ME 04101 (500727 | 207 772.9627 Fax| dwmlaw.com sidental andlor peviloged font prvloge fappuesble. ANY mondVVoodsum in le yey anc ty ria co a ee si ry a ah ea Oe spon cy are rf tig of ony oetenrekance pon. ‘Bl rd delete t acters probed, you reseed the ere, lease corac! a 2naer a From: jim Sent: Wednesday, June 15, 2022 2:17 PM To: Agnieszka A. (Pinette) Dixon Cc: Milan Jamieson ; Russ Leighton ; j scanton ‘Subject: Re: Permit application forms for Pembroke am and 9:30am before heading out for the rest of Hello Aga, Iwill be available first thing in the morning between the day. Looking forward to hearing from you in the morning. Thank you, Jim $. / CEO From: Agnieszka A. (Pinette) Dixon Sent: Wednesday, June 15, 2022 9:01 AM jim' Cc: Milan Jamieson ; Russ Leighton ; | scanion Subject: RE: Permit application forms for Pembroke OOut I can call you tomorrow morning if you her matters, ‘Thank you, Jim. | am tied up this morning with ot free. — Aga ‘Agnioszka A. (Pinette) Dixon ‘Aterey 1207-2530532 Diet| 207.713.6824 Colt (84 Marginal Wey, Suit 600, Portiand, ME 08101 (500,727 1941 | 207.772.3627 Fax | dwmlaw.com DrummondVWVoodsum re romatonvaanire rer teddy orb persona aty whch his adie and ac pate, rede cms by pooner tes oar ane te ee nay tastes ra oy comer. From: jim Sent: Wednesday, June 15, 2022 8:30 AM To: Agnieszka A. (Pinette) Dixon Ce: Milan Jamieson ; Russ Leighton ; | scanlon, ‘Subject: Re: Permit application forms for Pembroke Good Morning Aga, I eft 2 message yesterday on your office line. As requested | have attached a copy of the permit application forms for Pembroke. Just to let you know the shoreland zone is 250 feet from a waterway and that most of the property ‘mentioned is also non - conforming under chapter 1000 ordinances and will require additional state DEP permits. 1am working on the rest of your request and will forward it to you soon. 1am home this morning until 9:30 am if you would like to call me. ( 207 - 788 - 3877 ) Thank you, James Slowe / CEO Pembroke From: Agnieszka A. (Pinette) Dixon Sent: Friday, June 10, 2022 4:59 PM To: 'slowe@hotmail.com’ Monday, July 25, 2022 11°09 AM sone Fie samieon: Russ eight: Jscarlon3@roadrunne com nen in urs@raine gov, brent awson@maine gov METRE O72 Pembroke Permit Application “13 Ute Falls Road (Minke) POF ce Subject: Dear Jim: 1at you forward me a written copy of the conditional Regarding the blueberry land: | repeat my request that you f io approval you issued for the campsite platforms and A-frame structures (| am referring to the July 20 email from you where you stated, “I issued you conditional approval of the Blueberry land permit...”) Dear Milan and Russ: Falls Road, which includes our internal and external plumbing permit applications, by overnight mail. Note The Town will be receiving three copies of the shoreland zoning permit application for the property at 13 Little that this will be the same application | filed with the CEO via email on July 12th and the same HHE-200 form | filed with the LPI on June 16th, | ask for your assistance in facilitating the quick review of these applications by the appropriate Town officials, particularly in light of the extraordinary delays to date and the season-dependent nature of my client’s business. Specifically Please immediately forward the HHE-200 and HHE-211 forms to the LPI and instruct the LPI to review 1 these applications, one of which has been languishing with the LPI since June 16". Please let me know when this has been done. 2. Please direct the Planning Board to review the shoreland zoning application. Pursuant to Section 12.C.5 of the Pembroke Shoreland Zoning ordinance, itis the Planning Board, not the CEO, that has. jurisdiction to review a proposed change of use of a nonconforming structure. Please advise when the Planning Board is scheduled to meet next. Thank you, Aga Agnieszka A. (Pinette) Dixon Attomey 207.253.0532 Direct | 207.713.6824 Cell ADixon@dwmiaw.com ‘84 Marginal Way, Suite 600, Portland, ME 04101 800.727.1941 | 207.772.3627 Fax | dwmlaw.com C_£_£<___—DrummondvVoodsur idnton ;jseanton tone goves Lawson, Brent From: im ) Dixon Sent: Wednesday, July 20, 2022 11:12 AM To: jim’ Ce: Milan Jamieson ; Russ Leighton ; j canton roadrunner.com>; Hurd, Dawn M ; Lawson, Brent ‘Subject: RE: 2022-07-12 Pembroke Permit Application - 13 Little Falls Road (Minke).POF is not your doing, the questions | posed in my email ‘Sent: Wednesday, July 20, 2022 10:50 AM To: Agnieszka A. (Pinette) Dixon Ce: Milan Jamieson ; Russ Leighton ; | scanton -; Hurd, Dawn M ; Lawson, Brent ‘Subject: Re: 2022-07-12 Pembroke Permit Application - 13 Little Falls Road (Minke).PDF Dear Aga, Jam sorry that you fee! that | am not doing my job and giving all of my time to your applications but | only work part time for the town and do my best to help all property owner's complete their permit applications for approval within the ordinance guidelines, Please read Section 16 - D of the town shoreland ordinance regarding the time frame and the process the town has to follow when review permit applications and issuing completed permit applications. | don't see where myself or the town has violated any of the ordinance. Questioning why I have not responded to you after just 4 working is not what | would consider reasonable 0 feel free to contact the Town Selectmen and the town lawyer regarding your concerns as | will forward this email to them so that we are all on the same page. | have already asked the state to review your application so everything is done correctly also if you have a copy of your permit by rule, please forward it to me as it is needed for a complete permit application. | have also talked to the town regarding plumbing permits and will let you know the way to do it once everyone agrees to the process. lissued you conditional approval of the Blueberry land permit and will consider the application complete when | have a HHE - 200 within 30 days to meet what was submitted on that application. 4yrms permit issues but in a | still [ook forward to working with you to resolve Smithereen’s reasonable amount of time and manner so if you have any questions please contact me, Thanks, Jim S. / CEO Pembroke n@dwmlaw.com> From: Agnieszka A. (Pinette) Dixon <) ‘Sent: Tuesday, uly 19, 2022 2:58 PM To: jim ‘Subject: RE: 2022-07-12 Pembroke Permit Application - 13 Little Falls Road (Minke).PDF Jim, could you give me a status update? 1. Jim, you agreed to issue the building permit for the campsites and A-frames on the blueberry lands immediately—this application has been pending with Jim for months now. To date, we have not received this building permit. As we discussed, the permit application meets all state and local standards. What is the reason for this ongoing delay? | agreed, as a show of good faith and as a purely voluntary measure to “do the right thing” even though it’s not required by the plumbing code, to submit an HHE-200 seeking LPI approval for an 2: alternative toilet for the campsites on the blueberry lands to the Town within 30 days. We are in the. process of designing the system and will meet the 30-day target. . The first of these applications (for agreed to submit all permit applications—including external and internal plumbing permit 3. applications—on behalf of Smithereen Farm LLC directly to you, Ji 13 Little Falls Road, the old motel/restaurant property) was emailed to you on the same day we had our productive call ~ Tuesday, July 12". Related to this application: a. Jim, you said you would inform me in a few days after the filing of the amount of the plumbing permit application fees (HHE-200 and HHE-211) for this application. | agreed to arrange for someone to stop by the Town Office right away with the check. ‘0 date, | have not heard from you ~ please advise, what is the application fee? In light of the challenges in reaching the Town's LPI, Terry Johnson, given his lack of an email and lack of hours, we have been unable to obtain any basic permitting guidance from the LPI regarding certain alleged deficiencies in two replacement system HHE-200 applications we submitted more than a month ago to Mr. Johnson. Jim, you agreed to forward our HHE-200 and HHE-211 plumbing applications (which were attached to the application materials | emailed you on July 12%) to Mr, Johnson and to facilitate their review and approval. To date, | have not heard from you on the status of those materials. Please advise whe be processed, Jim, you informed me that you would review the application application complete. Please and let me know if you find theinly hopeful that this email Twill be reaching out to the Iehas now been a week since our friendly and productive conversation. | am cer prompts you to honor your word. If do not hear from you by tomorrow morning, Select Board and the Town Attorney to discuss our legal options. Regards, Aga ‘Agnieszka A. (inet) Dixon ‘toey 2072530582 Ds 2077136824 Cl Hisooninan Mant Way, Sat 80, Ports, ME 04101 Bo 1271417772 927 Fa owmlaw.com DrummondVWVoodsum ‘= maton taparited Porn landed nthe pan eity Which is ese andy cri crete ae Boge ‘roar Unitonaes vonsmson salir orate water any peg, neg, wus trate roe fp ‘oven rovanamson daseraatono her se Oo tating of ny ato reliance upon tis iformadn By persons or enios oor fomey-atont prope Fappieabe. Any ‘rlanded meine is prontsted, you mceved the ineror ploase contact the sender and delete the eal and any etactments fm ar COMPA. From: Agnieszka A. (Pinette) Dixon Sent: Monday, July 18, 2022 12:28 PM im’ ‘Subject: RE: 2022-07-12 Pembroke Permit Application - 13 Little Falls Road (Minke).PDF Hi Jim, just checking in on the permit fees for the Minke property, and the status of the blueberry lands campsites permit. Thanks. ~ Aga From: Agnieszka A. (Pinette) Dixon Sent: Thursday, July 14, 2022 8:47 PM To: jim’ Subject: RE: 2022-07-12 Pembroke Permit Application - 13 Little Falls Road (Minke).PDF HiJim, sorry, | was referring to the fees for the application | just filed for the Minke property — that would be a $15 fee for the local permit (yes?) plus some amount for the HHE-200 replacement SSWD design plus $80 (?) for the HHE-211 internal fixtures. Looking forward to hearing from you. Thanks, Aga From: jim Sent: Thursday, July 14, 2022 7:55 PM To: Agnieszka A. (Pinette) Dixon Subject: Re: 2022-07-12 Pembroke Permit Application - 13 Little Falls Road (Minke).PDFHi Aga, | will ned to see the designs before 1 can advise you on the fees regarding these alternative toilet systems. {1am reviewing the other information you send me and will get back to you. Thank you, Jim S./ CEO From: Agnieszka A. (Pinette) Dixon Sent: Thursday, Jly 14, 2022 2:01 PM To: jim’ ‘Subject: RE: 2022-07-12 Pembroke Permit Application - 13 Little Falls Road (Minke). POF Jim, thank you for your willingness to approve the blueberry land permit for the campsites and A-frames. By this email, am confirming that we will file an HHE-200 for an alternative tollet within 30 days. | am researching suitable designs for the site, and will coordinate with Dana Altvater on this. | will await your guidance on the application fees and once that's cleared up, we will arrange for someone to drop by the Town Office with a check Agnieszka A. (Pinette) Dixon 207.253.0532 Direct | 207.713.6824 Cell ADxon@oumiaw com {8 Marginal Way, Sule 600, Portland, ME 08101 {800,727.11 | 207.772.3627 Fax | dwmlaw.com DrummondWoodsum smtol Uneended rae shat cha wake on pe lig. wot an te ohcnaebonprifegs kappa. Ary ‘review, retrensmission, dssemnaton or other use oo aking of any action reliance upon, ths information by persone or entities other than the Intended recpiort is prohibted. Ifyou received th In ero, please contact the eonder and delete the &™mail and any attachments rom any computer. From: jim Sent: Wednesday, July 13, 2022 10:00 AM To: Agnieszka A. (Pinette) Dixon 'e: 2022-07-12 Pembroke Permit Application - 13 Little Falls Road (Minke). PDF Subje Good Morning Aga, Yes, it was nice talking with you also regarding what permits are needed to correct the issues regarding Smithereen Farm properties, Itis my job to work with property owners on what permits are needed under the town and state ordinances before they move forward with their projects and | hope we can resolve all the issues that have come up and1 akcaJacencs yea paromeenprcaten tris abe rans ob’ bd wn eviews Tot you br ffi ne application complete can see from Brent Lawson's email this morning that you will onthe other permits we talked about you Se taaeG vf alternative toilets you told me you wanted to use. need to contact Dana A. for designs on the type of 1e from the town so | cannot relay any gs plese understand have not had time to speak wit everyon vir 2 Qu with that information as seer ation regarding the plumbing permits fees but will check and get back to yo quickly as possible. mit matter, I will agree to approve the permit for the ‘As we discussed in resolving the Blueberry Land per' Jn HHE - 200 for the alternative toilet Blueberry Land project at this time with the condition that you submit a within 30 days and install it in a timely manner after that. ‘Aga, please let me know if this is an acceptable solution to this permit application. Thank you, Jim S. / CEO Pembroke From: Agnieszka A. (Pinette) Dixon Sent: Tuesday, July 12, 2022 6:11 PM To: slowe@hotmail.com ‘Subject: 2022-07-12 Pembroke Permit Application - 13 Little Falls Road (Minke).PDF HiJim, Thank you for the helpful phone call this afternoon. | appreciate your willingness to work with me to resolve the permitting issues related to the Smithereen Farm properties in Pembroke. ‘As we discussed, attached is the permit application for a change of use and related matters at the former motel property (13 Little Falls Road ~ known as the “Minke” property). Thank you for your willingness to facilitate a conversation with the Local Plumbing Inspector, Terry Johnson, and for your offer to forward the HHE-200 and HHE-211 to him for his plumbing permit approvals. I did my best to fill out the HHE-211. To be clear, we are proposing the following fixtures inside the Minke (Structure “A” on the site plan): 1 bathroom sink, 2 handwashing sinks, 1 two-bay kitchen sink, 1 three-bay kitchen sink, 1 outdoor washing sink & spigot. As we discussed, you will let me know the amount of the application fee, and Severine will arrange to have someone stop by the Town Office tomorrow afternoon with a check.system and lease also advise if Mr. Johnson needs any other information to approve the replacement septic whether he will forward the application will to the State for the necessary variance approval. | look forward to hearing from you soon regarding this application. | will separately email you the other applications we discussed. Thanks, Aga ‘Agnieszka A. (Pinette) Dixon ‘Atomey 207, 258,0682 Direct 207.713.6824 Coll ‘ADon@dwmiaw.com 84 Marginal Way, Suite 600, Portand, ME 04101, (800.727.1941 | 207.772.9627 Fax | dwmlaw.com DrummondVVoodsum ‘he hiomaton (anit ao landed lyr paren of ent toi is eee ancy contin conten! nd i ege La ee er rae rng wed wdaion ta somes poge Fecal. Ay aan nen ee era ay eney rete nen ts rian 0 pore embed or bene Lae ie ect na es tooe Weer a las eee aan tacit rom oy come. This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as ‘spam. This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as uae i aL This email has been scanned for spam and viruses pam. tio ee pions byP vigExhibit 4 aor 2ss0s Seong com ‘4 tag Way, Sut 600 Potten Mara 4072020 Sorrretoet Nan Sarre Fax July 25, 2022 HAND DELIVERY Town of Pembroke Co Selecimen Milan Jamieson, Brent Ellinwood, and Russell Leighton 48 Old County Road Pembroke, ME 04666 RE: Smithereen Farms, LLC; Shoreland Zoning Permit Application and Related Plumbing Permit and Variance Applications for 13 Little Falls Road (Tax Map 17, Lot 36) in the Town of Pembroke Dear Messrs. Jamieson, Ellinwood, and Leighton: (On behalf of Smithereen Farms, LLC, please find enclosed three copies of a shoreland zoning permit application for the property located at 13 Little Falls Road (Tax Map 17, Lot 36) in Pembroke, Maine. Also enclosed are three copies of the associated HHE-211 and HHE-200 forms for this property, as well as a permit application fee of $360 (comprising $80 for the HHE-211 form, $265 for the HHE-200 form, and $15 for the shoreland zoning permit application). er my email request to Messrs. Jamieson and Leighton of the same date: Please forward the HHE-211 and HHE-200 forms to the Local Plumbing Inspector, and advise me by email when this has been done. Please also forward the shoreland zoning application to the Planning Board its review, and advise when this matter will appear on the Planning Board’s agenda. Please contact me with any questions regarding this matter. Sincerely, A) hye Dizon Agnieszka A. DixonInconported Feb. 4, 1832 TOWN OF PEMBROKE, MAINE. ?Pembroe, Maine 04656 Application for Shoreland Zoning Permit, Fee: 15.00 Application No. GENERAL INFORMATION "APPLICANT. APPLICANTS ADDRESS. ‘APPLICANTS TEL# ‘Smithereen Farm, LLC (Lessee) 767 Leighton Point Road (@07) 713-6824 (Agent) Pembroke, ME 14666 PROPERTY OWNER OWNERS ADDRESS ‘OWNERS TELA ‘Pennamaquan River Farm LLC 767 Leighton Point Road (@07) 713-6824 (Agent) Pembroke, ME 04666 (415) 299-1436 (Manager) CONTRACTOR CONTRACTORS ADDRESS, CONTRACTOR'S TEL. # NA NA NA LOCATION/ADDRESS OF PROPERTY TAX MAP-PAGE & LOTW ZONING DISTRICT 13 Little Falls Road Map 17 Lot 36 ‘Limited Commercial Pembroke, ME 04666 Shoreland Zoning District DESCRIPTION OF PROPERTY INCLUDI ING A DESCRIPTION OF ALL PROPOSED CONSTRUCTION, EG. LAND CLEARING, ROAD BUILDING, SEPTIC SYSTEMS, AND WELLS (PLEASE NOTE THAT A SITE PLAN SKETCH IS REQUIRED ON PAGE 3) If your building plan involves hooking into a new or existing septic system, a plumbing permit will need to be obtained from the plumbing inspector by the building permittee. Please refer to: ‘+ Attachment A (project deseription) Attachment B (site plan & photos) Attachment C (HHE-200 & HHE-211) * Attachment D (existing disposal system inspection report) © Attachment E (deed) Tr PESTA Dik nhaeer x PRD NG dade weno PROPOSED USE OF PROJECT f Agricultural / Commercial Use (see Attachment A for sa‘TOWN OF PEMBROKE, MAINE Pembroke, Maine 04666 [ TOT SIZE "FRONTAGE ON ROAD (FT) 2.07 acres US Route 1 approx. 200 ft. HEIGHT OF BUILDINGS ‘NUMBER OF STORIES ee PROPOSED No change proposed. FT. PRESENT _*_ HALF_*_ FULL PRESENT PROPOSED _@_HALF_#_ FULL PROPOSED, * See Attachment A. * See Attachment A. fe ‘OF BATHROOMS NUMBER OF BEDROOMS, BEDROOMS SEASONAL USE __ See atecimeats AE + See Attachments A- | TYPE OF WATER SUPPLY | ‘PRESENT SEPTIC SYSTEM IS APPROVED FOR: ‘YEAR ROUND USE _= X__ PRIVATE X DRILLED WELL DUG WELL TYPE OF SEWERAGE DISPOSAL __X_ PRIVATE (Copy of HHE 200 ) ~ See Attachment C. i PROPERTY INFORMATION. =a FRONTAGE _approx. 350 FT. (along Pennamaquan River) _ MORE THAN ONE EXISTING USEON THE PROPERTY Yes. See Attachment A for, description of historical and proposed uses, SETBACKS: HOW MANY DWELLING UNITS + * * ARS ae BACK _*_REAR_*_ PRESENTLY ON THE LOT _* mL Attachments A and B. * See Attachment A. LOT SIZE (in sq.R. or acres) panes ) TOTAL SQFT. OF ALL BUILDINGS LOT COVERAGE (IN PERCENT) PRESENT, fIncorporated Feb. 4, 1832 ‘TOWN OF PEMBROKE, MAINE. Pembroke, Maine 04666 SITE PLAN PLEASE INCLUDE: LOT LINES; AREAS TO BE CLEARED OF TREES AND OTHER VEGETATION; ‘THE EXACT POSITION OF PROPOSED STRUCTURES, INCLUDING DECKS, PORCHES, AND OTHER OUT BUILDINGS WITH ACCURATE SETBACK DISTANCES FROM THE SHORELINE AND OR STREET, SIDE AND REAR PROPERTY LINES; THE LOCAITON OF PROPOSED WELLS, SEPTIC SYSTEMS, AND DRIVEWAYS, AND AREAS AND AMOUNTS TO BE FILLED OR GRADED. IF THE PROPOSAL IS FOR THE EXPANSION OF AN EXISTING STRUCTURE, PLEASE DISTINGUISH BETWEEN THE EXISTING STRUCTURE AND THE PROPOSED EXPANSION. NORTH Please refer to Attachment B. ONSULE WETRETE CORS ENEORL LOINC DODGER WH RAL NS ARG ROUNDS seas1 Feb. 4, 1832 ‘TOWN OF PEMBROKE, MAINE Pembroke, Maine 04666 ADDITIONAL PERMITS, APPROVALS, AND/OR REVIEWS REQUIRED Planning Board Review / Approval eg. Subdivisions, Site Plan Review ‘Board of Appeals review/Approval Flood Hazard Development Permit Exterior Phmbing Permit ; — Kpproved HHE 200 Applicaton Form ( Must have stickers and fe paid tothe Local Plumbing inspector) Interior Plumbing Permit ( Must have stickers und fee paid to the Local Plumbing Inspector) X__ DEP Permit (Site Location, Natural Resources Protection Act) ‘* NRPA permit-by-rule to be submitted to DEP. N/A#*_ Army Comps of Engincers Permit (€.. See. 404 of Clean Waters Act) ++Proposal is exempt from Section 404 permitting; no dredged or fill material will be discharged into waters ofthe United States. NOTE: APPLICANT IS ADVISED TO CONSULT WITH THE CODE ENFORCEMENT OFFICER AND APPROPRIATE STATE AND FEDERAL AGENCIES TO DETERMINE WHETHER ADDITIONAL. PERMITS, APPROVALS, AND REVIEWS ARE REQUIRED. ‘I certify that all information given in this application to erect, alter, install, the following building, structure, equipment is accurate, all proposed uses shall be in conformance with this application, with the Laws of the State of Maine, the Town of Pembroke Building Ordinance, and Shoreland Zoning Ordinance. I agree to future inspections by the Code Enforcement Officer, Planning Board or other State or Town Officials, at reasonable hours and with advance notice to th nt and a SMITHEREEN FARM, LLC VG Pron Applicant's Signature By: Agnieszka A. Dixon, Esq. Its: Agent for Smithereen Farm, LLCIncorporated Fe, 1832. OWN OF PEMBROKE, MAINE ‘Pembroke, Maine 04666 ON APPROVAL OR DENIAL OF APPLICATI PROV A gOR OMtice Use Only) IF APPROVED, THE FOLLOWING CONDITIONS ARE PRESCRIBED: NOTE: IN APPROVING A BUILDING PERMIT, THE PROPOSED USE SHALL COMPLY WITH THE PURPOSES AND REQUIREMENTS OF THE BUIDLING ORDINANCE FOR THE TOWN OF PEMBROKE,PERMIT AND SHORELAND ZONING PERMIT TEN FARM, LLC APPLICATION FOR BUILDING, ‘SMITHERE! Pembroke, Maine 04666 13 Little Falls Rood | ‘CTax Map 17 Lot 36) ATTACHMENTAS PROJECT DESCRIPTION EXISTING CONDITIONS, Location Map “The subject property is located at 13 Litle Falls Road in Pembroke, ‘Maine, and is generally referred to as Tax Map 17. ‘Lot 36 on the Town of Pembroke Tax Maps. PROPERTY MAP TOWN OF PEMBROKE [WASHINGTON COUNTY, MAINE OFeet —= - Linch equals 500 feetmo rormerty, two residential trailers 3-4 Wee each) : ferme re parle erate that replaced ne of structures and lists their setbacks from the ‘normal high-water line of the Pennamaquan G Greenhouse astachmentB (site plan) shows thes River race of the motel manager and mumerOUS Sx" on Atachment B), the Puffin CB") and ‘hat had been located on the concrete pad the Maine Department of Environmental Protection and the Town of accessory: and the two residential trailers 1n.2021, the applicant secured permit approval from one Gade Enforcement Officer forthe construction ofthe ‘Greenhouse (°G")- Dis st astewater disposal system consisting of a leach field and & 1,000-gallon ‘between the Minke (“A”) and the Pennamaquan KiV and "eommarcel ructures and uses" ac allowed uses a the LC District. See SZO, § 14 (Table of Land Haare i 13.0), The Use ofa nonconforming structure may be changed to another use upon determination est he new use will have no greater adverse impact onthe [Pennamaquan River] or onthe subject or adjacent ‘ropertics and resources than the existing se” See SZO, §12,C(S). The use ofthe Minke (“A”) andthe Shed CB") Perper nual production, processing, and storage wll have «substantially lesser adverse impact on public health walt, sh and wildlife habitat, vegetative cover, visual and actual ilain management, archacological and histori resources, iy water-dependent uses than the historical use of the than the historical use, which included and safety, erosion and sedimentation, water q points of public access fo waters, natural beauty flood Commercial fishing and marine activities, and other funetionall property. This is because the proposed use is substantially less intensive t rertiusit motel, four residential dwellings, and a restaurant serving approximately 100 people daily. The proposed Thangs of use wil: (i) improve site conditions, (i) comply with erosion and sedimentation standard, (i improve saree ualty and protect fish and wildlife habitat by, among ether things, complying with the Maine Subsurface ‘Wostater Disposal Rules and the agricultural standards in Section 15.N ofthe SZO, (iv) enhance the natural Beauty tie property, (») maintain existing vegetative cover iocibding the vegetative buffer along the Pennamaquan River, a thereby maintain the natural beauty and floodplain protecions in place, and (vi) will not adversely affect any aint of public aovess to water, any archaeological and historic resources, or any commercial fishing and marine Sctivities and other functionally water-dependent uses. rructure—the Puffin (“C”)—for conforming residential use. ) for residential use, Historically this structure was used as @ _ and bathroom. The applicant proposes to use the structure 2s ‘would use the bathroom in the Minke. District. See SZO, § 14 (Table of Land © is allowed under the SZO Continue use of a legally existing nonconforming st ‘The applicant proposes to continue using the Puttin (*C residence, containing 3 bedrooms, a kitchenette, shower, 4 buakhouse for up to wo staf on a seasonal (summer only) basis. Staff Under the $0, residential structures and uses ae allowed within the LC Uses, Line 13.A), The continued use of a nonconforming strcture for @ conforming ws without a permit. See SZO, § 12.4. Use the Concrete Pad (“F”) area as a small, non-residential outdoor space for educational/scientific/nature interpretation purposes. ‘The applicant has fom down the two trailers previously installed onthe Concrete Pad ("F”) rr fer-the-fact permit approval for the tear-downs. The applicant proposes to cover and, to the extent necessary, seek: the existing Concrete Pad with topsoil and reseed the area, ard place picnic tables on the newly seeded area on 8 ‘small non-residential outdoor space for seasonal basis, The area will be used by invitees ofthe applicant as a eGueationel/seientifiomnature interpretation purposes. Under the SZO, “small non-residential facilites for educational, | scientific, or nature interpretation proposes” are an allowed wse in the LC District, See SZO, § 14 (Table of Land Uses, Line 13.F). "or Restaurant (“E") at this time, The applicant intends to ‘The applicant proposes no changes to the use of the Motel ( continue the use of the Greenhouse (“G") for agricultural use. rements of the Town of Pembroke building permit and For all of the foregoing reasons, the application meets the requi ly requests thatthe local reviewing authority approve this shoreland zoning ordinances. The applicant therefore respectful application. ASee an ‘APPLICATION FOR BUILDING PERMIT AND SHORELAND ZONING PERMIT ‘SMITHEREEN FARM, LLC 13 Little Falls Road | Pembroke, Maine 04666 (Tax Map 17 Lot 36) ATTACHME, SITE PLAN AND PHOTOS: | ‘SITE PLAN property and lists their setbacks from the normal rent structures are proposed at this time. Please .e wastewater disposal ‘The site plan, below, identifies all existing structures on the high-water line of the Pennamaquan River. No new perman refer to Attachment C (HHE-200) for the location of the replacement subsurfacs system.APPLICATION FOR BUILDING PERMIT AND SHORELAND ZONING PERMIT ‘SMITHEREEN FARM, LLC 13 Litle Falls Road | Pembroke, Maine 04666 (lax Map 17 Lot 36) ATTACHMENT G: HHE-200 FOR REPLACEMENT SSWD SYSTEM HHE-211 INTERNAL PLUMBING PERMIT APPLICATION ‘See anached.— ‘Lee Fire | Pennamequan River " SOIL DESCRIPTION AND CLASSIFICATION (Location of Observation Holes Shown Above), Observation Hole TP=1 gq TestPit [ Boring | Observation Hole TG TestPit Boring rE (0 Depth of Orgnie Horizon Above Mineral Solt Dept of Organic Horizon Above Mineral Sol Tere Consistency Color Mat Tenure Consistency _Color__ Motting °F sandy ‘rlable nee 0 ( i qu ar y elon ¥ ai 7 3 om J» : z , i E40 i a so Sei Chitin ia [setcunan T sie [uiine (Gem a cua ine (1G eo 4% Pi Bedrock [ 1Reswleve Layer Profi” Candie) 18. {jpn U1 Betrock. = “tie” Con + TPA — iw Mid, SE00366 Page 2 of4. ee oe SEW Sdie/ee— HHE-200 Rev. 8/017] ByesSret nestn eraneccg oon sar aer2 ra naar 0s Sara ere Srithereen Farm LLC STEWATER DISPOSAL SYSTEM APPLICATION —$syeet Rows. SubvRON | 13 Little Falls Road ‘SUBSURFACE WAS’ Taerve “ SUBSURFACE WASTEWATER DISPOSAL PLAN edge of FH Ex “rage! E\jen GSF, level systen 2 rove oF 8 units, 12" Suing Tees Girt we 622", ERP to 9-697 a fe to Bs 460, Te to C= 653" Original Grade Corner Elevations ae 56", Be 57", C= 60", De ~69" Renove DW under il extensions Install per Moline Code 10-144 CHR 241 and enploy MEDP ‘erosion control BMPs ELEVATION REFERENCE POINT, Location & Deseription: Flagged ra ‘Uaity pale 29" ve Reference Elevation: __O.0" DISPOSAL AREA CROSS SECTION ‘Scale Ver Horizontal See page 4 of 4 for cross section, Bed Is 7’x32", 2 rows of @ Eljen GSF Cin-drains), level systen, Install per manufacturers installation instructions ‘and Maine Plumbing Code, 12” spacing between rows. Use perf, SDR 35 pipe over units and solid SDR 35 pipe to connect rows. Elbows can be turned over units, Run 2” HDPE to over sized D-box placed 2° higher than units on first row, nT sare J | eeastennina $278 mg ni po aan FS a rena FIL REQUIREMENTS Remove vegetation/sod layer under bed and fill extensions, scarify and \oosen this area to receive systen sand and code backfill. Enploy MDEP erosion control measures during field construction. Loam, seed and mulch all disturbed areas to establish good grass growth, SE00366 Sed 8/14/28 Dateeons neon mn snr tees 1 STEM VARIANCE REQUEST suBsu! IRFACE WASTEWATER DISPOSAL S cpa a eh 2 yeni Oepoee Setmace westeweter Guposal rowed rom te Departs Japosal system wich spice Prumbing inspector Must hot | Rules Tena variance fem tne Department of es er forte staan of & 6 cee orniman Services unl approval has Bee” a ETON rn pe neee ereees 5-29-1836 rery owners ware: Senithercet FstwsLb Yet no. HAS=2 97-14 IL : ST a dea ee eae YN overs iocmon 13 Little Fall Road — Ticdbele, Maint to onte O46KE leper omarsnsoroes: 26 Le ry eques a Vrelacomant ete varices me eater vactance 12 “ro avbwrace wastewser Sposa ayetem dein fhe suet Pope mane ren re cialitece wanewaterDeposel Rules, The vatencereques (feat pproval Moca pov SECTION OF RULE tne Evaluator shal so inform the property nn ace sonata be aul state eee reuentevarancats ne Pues hm Evaluated ‘Dene concons Gn te Appeatin. ied nt yas ect sae nl ae protoeoraseration bythe coinon fais the variance roquest |$he Evaluator shal te the specie variances nocessay plus describ below the propos [aecsise nw in specte se mtatone are to be overcame, and provide any oer support documentation goa sepat see AON yy 1, Daag Alrafer SE, cety tat a varance tthe Rules fs necessary since hcanod wit campiicy aay are Fle equa, jusgment, the proposed system design on the stachod Apglcation Is the best /atematve avatabe; ennances/n potenti for subsurface waslewaler disposal, and thatthe system should function property. 6-22 SIGNATURE OF SITE EVALUATOR DATE [PROPERTY OWNER ‘Agnieszka A. Dizon I, zm the) owner agent forthe owner ofthe subject property. | understand that the initataton on te Anplcaton fot ntotelcomplance wih the Rules. Shou te proposed eystem malfunction, | release all concemed provided they ave performed thet duties in @ reasonable and proper manner, and | wil prempiynotiy the Local Phimbing Inspector and make any corections requied by the Rules. By soning the variance request form, | acknowledge permission fr representatives ofthe Department to enter onto the property 10 perform such duties as mey be necessary to evaluate the variance request. June 16, 2022 ‘SIGNATURE OF OWNER = X_AGENT FOR THE OWNER HHE-204 Page Rev. 017201fex (aA Sects a os ho ie capa rape et vw tree eens st otra one sa [ata See rf wanton Sona eat one open PoPases ae he [stereo eceaetr douse ena zoe. Taare, |(C 30 [seston sx pono yt apa. re [FOR USEBY THE DEPARTMENT OMY ne Deparment has revewed he vaianoe() and (O. does 0 does no oN [ere Variance dni are given te aohed eter. rl Any ational equicements, recommendation, ISR URE OF TE DEPARTHENT DAE \ nolos 71. Varancos fe so conaltons may be aporoved atte lal eve a ong ante otal pov agsensrmere le A. _felztanaes fr sol onions may be rte Subsurace Wastewate’ Disposal Rules for Municipal Review) authony are to be LPs signature is 2 Variances for other than soil conditions or soll conditions beyond the limit of the LF! 2 Variances es Bopariment for review. (See Section 7.0.2 for Department Review.) The Fired on these variance requests prir to sending them to the Department. ‘nlfSOll, SITE AND ENGINEERING FACTORS FOR FIRST TIME SYSTEM VARIANCE ASSESSMENT WITH LIMITING SOIL DRAINAGE CONDITIONS (SEE TABLES 7C THROUGH 7M). 1 Pree (Groundwater ResTTEWe Terrain Size fF Seba Water Su Type of nt 51 Area Adjustment Verbal Separation Distance “Adciional Treatment ‘TOTAL POINT ASSESSMENT: Minimum Points (Check One): 0 Outside Shoreland Zone-50 © Inside Shoreland Zone-65 11 Subdivision-65HORELAND ZONING PERMIT APPLICATION FOR BUILDING PERMIT AND Si ‘SMITHEREEN FARM, LLC 13 Lite Falls Road | Pembroke, Maine 04666 EXISTING SSWD INS! See attached. D-lMAINE DEPARTMENT OF HUMAN SERVICES DIVISION OF HEALTH ENGINEERING - WASTEWATSA © PLUMBING CONTROL SUBSURFACE WASTEWATER DISPOSAL SYSTEM VOLUNTARY INSPECTION FO! Obtained trom Client PROPERTY INFORMATION, 79 Litte Falls Rd. Lot size: SYSTEM INFORMATION Collected During Records Search and site Visit Typer[__ Pre June 1974 Post June 1974 Design Capacity] __UNKN GPO] putes: Designed] UNKN] Permitted __UNKN permit Nol _UNKN | en ee a [Seer [tem sees [_remier ovee [ure] ovr] License No, Conclusions Drawn from Records Search and Site Visit INSPECTION INFORMATION eames: Matunton por Rules Wnited[ VEST XNO mrnsee | Sytem Dehaoncs ened] YES _[_XNO__[mrwsas | rarer nvestgaton upgestes|__VES_|_xNO_ferme | Conclusion: X No Corrective Action Needed Corrective Action Recommended-see Page 4 ieclaimer:|n the date noted below I completed an inepection ofthe subsurface wastewater disposal system serving the subject Jocoery. The inspection included a review of property owner, municipal and state records as appropriate and « visi fo the property. This report was completed in accordance with minimum reporting ceria established by the Maing Department of Human Services and adapted in part from the “Maine Septic System inspection Guidelines” prepored :JAN SERVICES: JM. MAINE DEPARTMENT OF HUMAN SET rrot. ae = WASTEWAT season OF HEA Ten DISPOSAL SYSTEM A UNTARY INSPECTION FORM OBSERVATION” eaene Dee YES [_NO™ JUNKN=]_N/A 7] System Records Search Done x. Cees EE = Design Plan Exists| C) x es eA ®. Permit Exists x System Inspection Record Exists x x = Ce) wen Zz x H 2 x poe sk b. Gar Disposal Present] x c. ‘Water Treatment Unit Present] x 3. ‘Clothes Washer Present] |X e. ‘All Fixtures Connected to stem} LX) f, ‘Plumbing Fixture Leaks OK] x 3| Treatment Tank Present x : al ‘General Condition OK] [X. 7 bl Size OK] [X c ‘Access for Pumping OK] X = a di Baffies OK] [X [el Liquid Level Ok] x f, Solids Level OK) _[X. ( 4] Pump & Wetwell Present [x] B General Condition OK] [| [_]} x bf Alarm & Circuit OK] x c. ‘Access for Service OK] sie d. Float Switches OK] x le LI] LJ x Under slab Effluent Contained Below Surface] [Xx Sc. Ground Cover OK| x ‘Under slab Star Suppl Seat OF x Possible variance ack OK xX Possible varinace *- Explanation of Observation Items Listed in Su ES ipplement to this Report Form (HHE-240). - Listing of Specific Inspection Item System Deficiencies Noted on Page 3. } ie ee HHE-240 Rev. 04/30/03Ss MAINE DEPARTMENT OF HUMAN SERVICE: HEAL IEERING - WASTEWATER & PLUMBING CONTROL, Be etce Was TEWATER DISPOSAL SYSTEM VOLUNTARY INSPECTION FORM Specific System Deficiencies: as Propet heme Raprevrt tim Denclney Condon Seta [a Systom Deficiencies Noted. [System pian unable to be located. [x ]Pian with permit sticker unable to be Jocated. 12 [x feeroate of nspecton ‘unable to be located alt INo System Deficiencies Noted. racks visible in observed portion of tank wall fank undersized for current use. [Solids and/or scum exceed 1/3 of tank capacity. foots in tank. [Pump and alarm on common circuit. 12” excavation needed to service pump. Pipe, stone, or proprietary device exposed. 5.b | [Malfunction per Chapter 3 Definition. nysical blockage ofthe intemal plumbing: or contamination of nearby water wels or waterbodles/eourses, [_ [Disposal area subject to visible surface erosion Deep-rooted vegetation over disposal area.4. System Records Narrative: | ‘a copy of the HHE-200 design plan, Teennot confirm the sizing of the disposal srea. i SST SET Raa Hin Ba Dano o Rope Rue Socton) tall_the internal fixtures due to the fact that the Sewer camera into a tollet drain and ran it out 2. Internal Plumbing Narrative: | was unable to test building was under renovation. [placed a to locate the tank. [i RISTO ROS, RT SIO DHT POPUPS Rae Sa) 3, Treatment Tank Narrative: | gained access to the treatment tank via the outlet cover and took @ “The tank had 3° of solids and does not need to be pumped at this time. Both baffles were present and in good working order. No issues were noted. core “Use sadioral shoots oe recenenry, Ralls Noted System Defcloncles to Approprits Fue Secon) 4. Pump & Wetwell Narrative: NA “ise aR aral adis te ROCOaT, Rola Wed Syatam Datcloncios Yo Appropriate Rule Secon) 5. Disposal Area Narrative: I placed a sewer camera into the tank outlet line and ran it out Until finding perforated pipe. (This indicates the start of the disposal area.) The disposal ‘area is under the building slab. | was not able to fully inspect the disposal area due to the Slab. On the day of the site visit did not find a sign of failure or system maifunction. "se addtional sheets ae necessary. Relate Noted System Deficiencies to Appropriate Rule Section) On the day of the site visit | found no sign of system failure or 6. Findings Narrative: malfunction. (Use additional shoots as necessary. Relate Noted Page 4MAINE DEPARTMENT OF HUMAN SERVICES RR perigee Gat rol |SPECTION FORM 1S SURFACE WASTEWATER DISPOSAL SYSTEM IN! vellch wale Qoudy Me Jachva iat Darah a it ee eS aLh Ot OR ARR the PLAT WARS NY Bel Leh veitatel 1) ie " rohiat ;- g Z a z DOG: 0800 TRUSTEE’ $ DEED DLN; 1002140149256 Teuatee of the CHOLMONDELEY TRUST, whose mailing address is P.0. Box 40, Robbinston, Maine 04671, gran\ Maine 04666, with MICHELLE SUTTON-CYR, tO DENNANAQUAN RIVER FARM, a Maine corporation with a place of business at 767 Leighton Point Road, Pembroke, warranty covenants, a certain lot or parcel of land, together with the buildings thereon, situated in Pembroke, Washington County, State of Naine, described as follows: Lot 1: Bounded northerly by the East River Road; easterly by the waters of the Pennamaquan River and the westerly shore of Putty’s Island, so called; southerly by State Highway No. 1; and westerly formerly ay by the former County Road leading to Robbinston, no known as the Little Falls Road, including the Crossroads Restaurant, known as the Waterfall Restaurant, and motel units and the former Pennamaquan Gift Shop and the former dwelling house and garage of Alfred L. Sears and any other buildings now situated thereon. Together with a right of way to use approximately one hundred fifty (150) feet of the land on Putty’s Island in common with the State of Maine for the purpose of showing the old stone chair to the public and the right to make and maintain a trail to said chair for said purpose. This deed is subject to all the reservations and conditions contained in that deed to the State of Maine from Bangor Hydro-Electric Company dated May 10, 1987. Lot 2: Also another certain lot or parcel of land with any buildings thereon situated in said Pembroke, bounded and described as follows: Bounded easterly by thown road leading from Sprague’s Store to Charlotte; Northerly by said Road; westerly by High Street; goutherly by land of heirs of David Wright and heirs of Peter Mahar, deceased. ie Also another certain lot or parcel of land with any wildings thereon situated in said Pembroke, bounded and described as follows: bert Sears; on the east pene Benne on the north by land of Her! y State Road, being known as the Little Falls Ro; 0 ad; on the South years) fetes Bas 1, so called; and on the west by the a a 'eing a short cross ith the eran ee road connecting State Highway #1,Witness our handa and seals this _/S/day of June 2021. CHOLMONDELEY TRUST, by ea Pini Alls ies eon=CyE Trustee STATE OF MAINE y Washington, ss. dune Gf, 2021 Then personally appeared the above named Michelle sutton- cys, in her capacity as Trustee of Cholmondeley Trust, and acknowledged the forgoing instrument as her free act and deed. . Before me, Notary Publié Dennis C. MG har Printed name o£ Netary- Attorney at Law, #3302Exhibit 6 al Etmit shall comply with all of the prd d of the application on file——-original Message—— % From: dimahar@ mvfairpointnet Grady f. Burns ce: slowe@hotmail.com Subject: Smithereen Farms LLC, Town of Pembroke Good afternoon, Please see attached building permit. Dennis Dennis L. Mahar ‘Mahar & Clark P.O. Box 402 Calais, Maine 04619 Tel. 207-454-7641 Fax 207-454-2454 This e mail is sent by a law firm and may contain information that is privileged or confidential. If You ae intended recipient, please delete the e mail and any attachments and notify us immediately. SKMAHAR & CLARK ‘Arrows a ‘no Nr see. en, ats Mane 49 “Taaenornse ‘Simbecenyzetepoint.net ptember 12, 2022 Agnieszka A. Dixon, Es Grady Burni 600 Drummond Woodsum 84 Marginal Way, Suite Portland, ME 04101 via email and Certified Mail Re: Smithereen Farm LLC, Town of Pembroke Building Permit: Dear Aga and Grady: Enclosed please find the original building permit and conditions listed from the Town of Pembroke, which Mr. Slowe has asked me to sent to you as attorneys for the applicant. Very truly yours, hie brute ein ace ith Pat wpplicatieig nt at Law ihe Maine Riana Preah Cove weds wc lc DINths jie aa aiontowaet 7 foathiteed a ie : Paci it atl Ue ph trtoaa m enc.Town of Pembroke, Maine Office of Code Enforcement Page: 1 of 2 Date: September 7, 2022 ‘Subject: Permit application # 23 ~21 - Approval and conditions for approval 1. The Minke - A: This part of the permit for the proposed use of a commercial kitchen is approved with the following condition that the new replacement septic system needs to be installed, inspected and approved by the LPI before any use of this building can take place. The Shed ~ 6: This proposed use is approved with the condition that It is used only for the stated use on this permit application and not as a garage. The Puffin —C: This propose use is approved as stated in this permit application. The Concrete Pad—D: This proposed use is approved with the condition that all work meets the standards of the Permit by Rule when covering this Pad and the uses there after meet the Shoreline Zoning Ordinances of the x Town of Pembrokeand the State Maine DEP. No structures that don’t meet the Shoreland Zoning Ordinances of the Town of Pembroke and the State of Maine DEP. The Greenhouse ~ G: This proposed use is approved since a permit was obtained for this structure earlier this year but if a handwashing sink is installed as requested in this application the following condition is that it must meet the Maine State Plumbing Code which would require the sink have an approved drainage system and needed permits before. being w installed and used. These are the conditions of this permit. application that must be met for compliance to the Shoreland Ordinances and any deviation from the conditions of approval of this permit application could be viewed as a violation of the Town of Pembroke Shoreland Zoning Ordinancesand the State of Maine DEP / Plumbing rules.