Three docks have been installed on Middle Range Pond in front of Cyndi’s Dockside Restaurant off Main Street (Route 26) in Poland. Andree Kehn/Sun Journal

POLAND — The state Department of Environmental Protection will be reviewing the town’s Comprehensive Land Use Code after a local shoreline business was found to not be on the correct zoning map.

Town Manager Matt Garside on Tuesday night informed the Select Board that Code Enforcement Officer Scott Neal is sending the document for review.

The issue arose after resident Jacob Legee came before the Selectboard last month questioning why the town approved a third dock at Cyndi’s Dockside, which he said shouldn’t be allowed. He has been questioning the town about the dock since July 2021.

“I am here because I believe the business has expanded past what was allowed. And there is no one willing to do the right thing,” Legee told the board in April.

DEP shoreland zoning coordinator Colin Clark, after hearing Legee’s complaint, found the 2021 addition of the third dock at the Middle Range Pond restaurant, owned by Cyndi Robbins, was not compliant.

“Cyndi’s Dockside property seems to have been pulled from the Shoreland Zone some time ago, which is not consistent with the ordinance or state law,” Clark said.

The Planning Board had approved the dock in 2020, citing it was in Village One Commercial Zone and agreeing with the project’s agent Mike Morse of Morse Environmental that, “Shoreland zoning standards don’t specifically apply to this project.”

Clark said the land on which the restaurant is situated should have been included in the Shoreland Zone of the town’s map.

He noted two other areas are also omitted from the Shoreland Zone.

Clark said he was expecting a submission from the town on their updates to the land use code so the issues can be addressed.

“Given that (the restaurant) is not located in the Shoreland Zone on the town’s map as it should be, they did the approval (for the dock) based on the district standards not located in the Shoreland Zone,” Clark said. “I have informed the town of this and we are working through the process of getting the maps rectified.”

Garside said if the DEP sees a discrepancy in a particular zoning category the issue would first come to the town to be rectified through the town meeting process.

If the voters say no then the DEP may have to issue some direction, Garside added.

OTHER BUSINESS

Deputy Town Manager Nikki Pratt announced that the town offices will be closed on a temporary basis for one hour from noon to 1 p.m. on Monday, Tuesday, Thursday and Friday.

The offices will be closed to the public all day on Wednesday.

Pratt said the staff is down due to an emergency leave of absence of one clerk and hopes residents will understand the necessary cut of office hours.

The Select Board approved an HVAC engineering contract with Turner Building Science & Design of Harrison for not more than $8,000.

The firm will provide the “scope of work” needed for HVAC upgrades for the town office.

Town voters approved utilizing up to $200,000 from the Poland’s share of the American Rescue Plan Act.