Selectman-owned sand pit raises questions

POLAND —A pit owned by a town official has come under fire, causing town leaders to question why the pit wasn't permitted by the town.

Selectman Peter Bolduc owns a pit off Route 26 in Poland. When he began crushing gravel there a couple of weeks ago, he caused neighbor Michelle Arsenault to get up on the wrong side of the bed — at 5:30 in the morning.

"He's only supposed to be able to do that at 7 a.m., not 5:30," said Arsenault.

While Bolduc ceased the early-morning activity on subsequent workdays, Arsenault began investigating whether she had legal recourse to stop the work from being done.

What she uncovered was a Planning Board tradition of exempting personal-use pits from the permitting and licensing requirements needed for commercial-use pits.

In other words, in Poland, pits have only come before the Planning Board if they were being utilitzed for commercial use.

Personal-use pits, such as the one Bolduc is working, have not been traditionally permitted.

"If it's a personal-use pit, then [Planning Board members] don't want to see it come before the Planning Board," said Town Manager Dana Lee. "This pit is under personal use. "

Lee says that it's difficult to say why a personal-use pit would be exempt from oversight, given that it makes noise and impacts the environment to the same extent that a commercial operation would.

"It's a valid question," said Lee. "We kicked it back to the Planning Board saying we can't see where there is a differentiation between personal and commercial use."

In fact, the Planning Board did regulate the use of the very same pit in 2009, when it was operated by former owner Richard Kimball. Kimball used the pit commercially before selling it to Bolduc.

"The kids can hear it a mile and a half away at school," said Arsenault.

In response to Arsenault's concerns, the matter is being reviewed by the Planning Board.

Poland Code Enforcement Officer Heather McNally researched the issue, and generated a letter for the town.

"After researching the procedures and approvals for other pit operations in the area there seem to have been allowances or 'precedents' made by the Planning Board regarding commercial use versus personal use of a pit," wrote McNally. "The Town of Poland Comprehensive Land Use Code does not seem to differentiate between the two uses, in the administration's opinion."

Arsenault initially charged that the town was giving Bolduc preferential treatment.

"They're procrastinating because this guy's got money, and basically he can go in and do anything he wants," she said.

But Lee says that the practice of not licensing personal-use pits has been applied equally.

"The Planning Board, both the old guard and the current chairman are both of the belief that they have interpreted the code consistently," said Lee.

Lee says that the resolution to the problem illustrates the positive aspects of the workings of the town.

"One thing I'm proud of is that everybody has no problem with transparency, including the pit owner," said Lee. "The owner is willing to go to the Planning Board. Whatever the right answer is, we'll find it and he'll abide by it."