Updated: Wednesday, October 30, 2002 11:45 AM

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Winter 1988 Newsletter

Topics:
Winter on the Pond
Results of Member Survey
Roads Status
Extra Contributions THANKSll!

Winter on the Pond

February 29th and Branch Pond is covered with approximately 20 inches of ice. Bill Tuite, of Hanson's Landing, tells us that ice fishing activity was brisk early in January but tailed off as the snow and slush built up. Several fishing shacks are still out on the ice and plenty of snowmobile action over the weekend.

There has been a great deal of activity of interest to the Branch Pond Association this winter; most of it connected with the 800-acre parcel of land near the Narrows, which was for sale last summer. The land was apparently bought by Stephen LaFreniere, a developer from the Belgrade Lakes area who has also been involved in a development on Cold Stream Pond near Lincoln, Maine.

In mid December 1987 Herbert Gilsdorf, Ellsworth City Manager, became aware of construction activity on the site. No permits had been issued for the work. The City Manager and Guy Edwards, Ellsworth Code Enforcement Officer, visited the area and found "a substantial road being built." Parts of the roads being built were within 250 feet of the shore, in the shoreline zone. Development activity is not permitted on land registered under the tree growth protection law, as the 800-acre parcel is, so the city promptly billed Mr. LaFreniere for assessment of additional taxes.

On December 29th trucks were seen hauling material to build a causeway from the lake shore to 28 Acre Island at Pickerel Cove. Concerned neighbors alerted the BPA. The next day trucks were still hauling road material to the causeway. However officials from Ellsworth and the local office of the Department of Environmental Protection were also alerted and promptly visited the site. Work on the causeway was stopped and LaFreniere undertook to remove the causeway the following day. This was done but the causeway was replaced with a legal "snow and ice ramp" which still permits vehicle access to the island until the spring thaw.

Through our attorney, the BPA requested a stop work order be issued until permits were obtained. Work apparently did stop. In late January the Ellsworth City Council decided to bring suit against Steve LaFreniere for violating Ellsworth's Zoning Ordinance and to seek maximum penalties for the infractions.

Don Hayes and Peter and Gloria DeAngelis were especially active on our behalf in this whole affair. They deserve our thanks. We will keep you posted on developments.

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Results of Member Survey

Sixty-seven forms were returned last fall. Member opinion on the six issues raised is summarized in the table below:

Percent of Responses Rating issue As:

Issue

High
Priority

Medium
Priority

Low
Priority

Average Rating
(Scale 1=High, 3=Low)

Improving summer
road maintenance

44.7

32.8

16.4

1.59

Improving winter
road maintenance

17.9

25.3

48.0

2.11

Monitoring development
on the Lake

71.6

19.5

4.5

1.23

Preserving water quality

86.6

4.5

4.5

1.08

Water levels

41.8

39.0

12.0

1.55

Designating wilderness/unique
shoreline area

67.2

19.5

9.0

1.33

Maintenance of water quality and concerns about development on the Lake were the two issues thought to be most important. The question of wildlife and shoreline preservation along with water levels and summer road maintenance were also of high interest. Winter road maintenance was of much less interest to most respondents with only 18% rating it a high priority.

There were some very interesting individual comments on the various questions. On water quality many stressed that this was one of Branch Lake's unique characteristics and several stressed that we must be vigilant in maintaining the quality of the Lake. Some suggested that everyone should receive the article on soaps and detergents-again. One person reminded us that whenever the City of Ellsworth gets all its water from wells we might find others having less interest in maintaining the purity of the Lake.

The development questions drew many comments. Several members again commented on the uniqueness of the Lake and the need to be vigilant in making sure any development meets regulations. Some raised the question of increasing minimum frontage requirements for new cottages and some asked if zoning to prevent development of back lots might be a possibility. Seventy-two percent (72%) of the responses rated the development problem as a high priority.

The idea of a wildlife zone and preservation of unique shoreline struck a chord with many. Concerns about the Winkumpaugh Brook area were raised, limits on ice fishing were proposed and a clean up day at Sand Beach was suggested. The question of water levels drew a number of comments. The 6.6 to 6.9 foot level proposed at the 1987 BPA Annual Meeting appears to suit most of us. There were comments that the level is usually too high at ice out and in the Spring and then becomes too low in late summer. Several people said that wildlife habitat should be a prime consideration in setting levels. One respondent appeared to have given up, saying, "there is no control on this Lake!"

Comments on roads were generally along the line that more gravel and better grading would help. However, there were several who prefer the roads to be "just passable" so that traffic will be slowed down and dust will be less of a problem. The condition of Branchview Drive caused several negative comments. Winter road maintenance drew much less comment, which was divided between "satisfactory-as-is" and "needs improvement."

There were many suggestions on the-issues the BPA might tackle. A number dealt with reducing traffic in the Cove and limiting power boat use and-motor size. Improving fishing was raised several times; limiting or eliminating ice fishing seems a popular idea. Marking hazards in the Lake was suggested by several.

Topic of most interest to readers of Newsletters are water quality, development, local and state government activities connected with the Lake, historical items on people and buildings, news of members old and new. Suggestions on the ideal number of newsletters ranged from 1 to 5 per year. The average of all suggestions was 2.37 so we'll shoot for three, with the possibility of extras if needed.

Suggestions for additional social functions showed that several members are interested in events for non-sailors such as potluck suppers, a fishing derby, a golf tournament, square dancing or an annual dinner/dance at the Lucerne Inn. Some kind of Fourth of July activity such as a fireworks display or an "Anything Goes" Regatta such as takes place on the Kennebec River on the Fourth were proposed by some. (Note: Smarts' Fourth of July Parade in the Hanson's Landing area is something not to be missed -- been going for 10 years.) One suggestion was to hold the Annual Meeting just before a social event.

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Roads Status

Opinions coming from the roads survey conducted last summer by our attorney, Joel Dearborn, are as follows:

Maintain the status quo                                                         59.3%
Convey the roadway and establish a public easement              14.1%
Attempt to have the City recognize the road as a public way     14.1%.
Undecided or no comment                                                     12.5%

Mr. Dearborn reports "the majority of the Association members on Roads 4A, 11A, 11B, 11D, 11E, 14C, 14D and 15B wish to maintain the status quo. On Fire Roads 12A and 14B, the Association members answering the questionnaire favor the creation of a public easement on those roads. Only on Fire Road 12 does one Association member wish the road relegated to a public way; however, on Fire Road 15A, Association members responding are equally divided between the status quo and a public way.

Based upon the lack of a consensus on the part of the Association members to pursue any course short of maintaining the status quo, I would suggest the Association notify each member of the Association that they will have to pursue this matter on an individual or per Fire Road basis. With the limited resources of the Association, the Association would be ill served to undertake any-course of action, which the majority of its members does not agree with.

It is important in any communication which the Association sends to its members in the event it does not wish to pursue the road issue further, to remind each member that they must pursue any claim they feel that they have against the City, as it may be lost if not pursued in a timely manner."

Extra Contributions THANKSll!

Contributions to the Association beyond Annual Dues have been received from:

Margaret Clews, Malvern, Pennsylvania
Kenneth Knobel, Lexington, Massachusetts

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