WINDHAM — The Windham Planning Board decided this week to hold off on preliminary approval for a development project on Highland Lake until it gets more information on the potential lake impact.

Despite voting 4-0 to recognize that the developer, Chase Custom Homes & Finance of Westbrook, and its engineering firm Terradyn Consultants of New Gloucester, had submitted a complete application, some members of the board said they need more information about the proposed Highland Views manufactured housing park and mixed-use development.

“I’m looking for someone to give us a little more feedback and understanding of the impact of the project on the lake,” board member Bill Walker said at a board meeting Monday, Aug. 28. Planning Board member Keith Elder raised the possibility of bringing in a third-party engineer to conduct a review.

Jeff Amos of Terradyn Consultants presented updates on Highland Views to the board, in which he noted that the previous version of the plan failed to identify some wetlands on the property and that the plan was tweaked after walking the site again with someone from the Maine Department of Environmental Protection (DEP).

“We have redesigned to that,” Amos said, adding, “we try to present things and be as transparent as possible” and that its “regrettable that this issue happened … it’s been corrected.”

The Highland Lake Association again mobilized a large crowd for the meeting. At a Town Council meeting last week association members showed up in force to ask the council for a moratorium on high density development around the lake.

The group is concerned about potential impacts, including increased nutrients such as phosphorous, that Highland Views and another proposed development at Babbidge Farm could have on a lake. Over the past few summers, the lake has had temporary water quality issues in the form of a cyanobacteria bloom.

Lake association board member Chantal Scott of Falmouth said after the meeting that her group believes there are additional wetlands on the property that haven’t been disclosed on the plan. She and others were frustrated that they did not have an opportunity to weigh in publicly Monday night, which was an application review for the project and not a public hearing.

Planning Board Chairman David Douglass noted during the meeting that there had been previous public hearings in January and April, along with a site walk.

At one point, following outbursts from the audience, Douglass asked the audience to refrain from speaking out of turn.

“If people keep continuing to speak out, I will clear the room,” Douglass said. “We understand this is a contentious issue, it’s an emotional issue.”

The Planning Board actually took an initial vote on whether or not to give preliminary approval, which deadlocked at 2-2. When town planning staff pointed out that the vote technically counted as denying approval, the board reconsidered the vote, undid the vote, and decided to take the issue up again at a future meeting once they have more information.

If the board eventually signs off on preliminary approval for the project, it would still need to provide final approval as well.

Terradyn’s Amos said after the meting that he wasn’t surprised with how the planning board meeting went Monday night.

“I think the lake association has been diligent and passionate in support of the lake,” Amos said. “We certainly applaud that.”

“Certainly, they are being diligent making sure they are protecting the watershed. I respect their position.”

Chase Custom Homes owner John Chase declined by phone to comment on the Planning Board’s action Monday night.

Chase’s history with lakefront development is not without controversy. In 2010, he agreed to pay the town of Naples $65,000 in a settlement involving tree removal on Long Lake.

An Aug. 13 email that Chase sent to Town Planner Amanda Lessard was included in the materials for Monday night’s meeting.

“I think the association thinks they are the judge[,] jury and verdict people. This is clearly a not in my backyard situation. Take a look at their damage they have done to the lake over the years. Sad sad sad,” said Chase in the email.

“I wanted you to see the level of being a good neighbor but it seems since these people illegally trespass on my posted land only want to get it there [sic] way and do not want to meet with me to discuss,” he continued.

Members of the lake association do not dispute that some of their group have walked the property themselves and not as part of an official planning board site walk.

“I’ve walked the property, but it’s not posted,” said Greg Scott of Falmouth, Chantal’s husband, who also said he’s familiar with Maine trespassing laws. His wife said the property has since been posted.

In a previous interview, lake association President Rosie Hartzler said she and others had entered Chase’s property through a neighboring property where there weren’t any “no trespassing” signs. She acknowledged that some other parts Chase’s property do have posted signs, but didn’t think any association members had entered the property from there.

Hartzler also said that her group has concerns that when the initial official site walk was done last fall, the conditions were dry and wetlands may not have been apparent.

Chase’s email in the Planning Board documents also includes an Aug. 10 email from lake association board member Dennis Brown to Chase Custom Homes Vice President Bill Noone. In that email, Brown declines to meet with Chase and an engineer unless they agree to “significantly scale back” the Highland Views project.

“My point is simple. I have property owners rights as they do as well,” Chase continued in his email to Lessard. “The state of Maine owns the water not me nor any of the other members of the lake. The DEP is monitoring this project and will do so until the end. As you know I will fight for my rights me [sic] not be bullied around by anyone. The laws and ordinance speak for themselves and need to be followed. I have my law firm which is a very prominent firm that deals with water and land right issues ready with just a phone call.”

Matt Junker can be reached at 781-3661 ext. 123 or [email protected]. Follow him on Twitter: @MattJunker.

Jeff Amos of Terradyn Consultants presented updates and answered questions before the Windham Planning Board about the Highland Views proposed development project on Highland Lake.