A proposed deal between Alna and resident Jeff Spinney would bar him from rolling out an aluminum mat at his boat ramp off Golden Ridge Road; and would let up to 10 Golden Ridge Sportsman’s Club members a year use the ramp, but not for motor boats. Both rules were also in a deal Spinney and a prior selectboard reached in January 2021 and a court found invalid, according to Wiscasset Newspaper files and the proposed new deal at alna.maine.gov

Via email Oct. 12, the town announced the proposal was on the website; the email also announced a special selectboard meeting for 6 p.m. Thursday, Oct. 19 at the fire station and at https://us02web.zoom.us/j/85023783253 Zoom Webinar ID: 850 2378 3253

The agenda lists a public hearing “to consider and act on a proposed Stipulated Final Judgment and Final Order” in connection with a court case the town brought to enforce an alleged shoreland zoning violation over the ramp project. The selectboard and/or town attorney will present the proposed terms, for 15 minutes; then Spinney and/or his attorney will also present the terms, or make comment, for 15 minutes; next is comment by the matter’s five other parties and/or their attorney, for eight minutes each, “for a total of 40 minutes, to be divided as they see fit.”

The hearing continues with public comment, three minutes a person. The agenda notes written or electronic public comment the town clerk receives by 5 p.m. Oct. 18 would be posted on the town website.

At the hearing’s close, the board is to deliberate “on whether to authorize and direct the Town Attorney to enter a Stipulated Judgment” in the court matter.

“Please note that because this would be a stipulated judgment by the parties to that enforcement action ... changes can only be made by agreement of both those parties. If changes are not acceptable to both those parties, then the vote of the Selectboard on the 19th can only be up or down on authorizing the entry of this existing Proposed Stipulated Judgment.”

The Oct. 12 release of the agenda came seven days after Second Selectman Steve Graham and Third Selectman Coreysha Stone emerged from an executive session and announced the Oct. 19 hearing date, if continued talks led to a proposed deal, as they now have. First Selectman Ed Pentaleri was not taking part in that portion of the Oct. 12 meeting. The rest of the board censured him earlier this year for the possible appearance of bias in the town’s litigation with Spinney.

Reached by phone Oct. 12, Graham declined comment on the proposed deal.

Under it, the town and Spinney would each pay their own legal costs. And Spinney would consent to the court finding his project is an unpermitted nonconforming permanent structure in the town’s resource protection district, violates shoreland zoning that bans permanent structures extending over or below the normal high water line, and violates another town rule by being less than 20 feet from a lot line.

Responding to a question via email, Spinney’s lawyer Kristin Collins explained, “I believe it is likely that if the appeal litigation proceeds, the Court will uphold the Planning Board’s approval of the project and therefore find the project not in violation of these ordinances. However, Mr. Spinney is willing to make these concessions in the interest of settling the matter.”

Under the proposed deal, once it is finalized with the court, Spinney would then drop his Superior Court appeals of the Alna appeals board’s handling of the issue. According to the proposal, Spinney and the town want to resolve the dispute to put an end to all the spending. 

Former selectman Doug Baston observed via email Oct. 12, the would-be deal is “almost identical to the one (then-selectman) Greg Shute and I negotiated with Mr. Spinney (nearly) three years ago.” Baston said he was glad Graham and Stone “took control of this matter. They made an agreement that is in the best interests of the entire community ...”