The lakefront property at 18 Fernwood Road in Raymond as seen Sep.14, 2022, is one of two at the center of a shoreland zoning ordinance violations case, which has now been settled. Daryn Slover/Sun Journal

LEWISTON — The town of Raymond has reached a settlement in the more than two-year-old shoreland zoning violations case involving Auburn businessman Donald Buteau and his real estate holding company Management Controls, according to information provided to the Sun Journal.

At least two sources, who couldn’t speak officially, said the settlement involves paying all the town’s attorney fees, a fine and restoration of the lakefront. Specifics of the settlement, including the amount of the fine and the cost of restoration are being withheld until a Select Board meeting scheduled for April 4.

The law firm representing Raymond, Pierce Attwood, said the agreement was the result of a mediation effort March 11 among representatives of the town Management Controls, Q-Team Tree Service and contractor Robert Durant.

In an email response to questions about the settlement, Pierce Atwood said the agreement requires the restoration of the two sites to bring them back into compliance with Raymond’s shoreland zoning standards.

A photo of the property at 18 Fernwood Road in Raymond taken in August 2021 before the shoreland changes were made to owner Donald Buteau’s property. Town of Raymond photo

The response, in part, states: “Restoration of the site has always been the town’s top priority. As part of the resolution the town will also receive a monetary payment which will reimburse the town for the costs it has incurred in connection with this enforcement matter and provide a meaningful amount of penalties for the violations.”

The agreement still requires approval by the Select Board, as well as the Bankruptcy Court, because Durant has a bankruptcy case pending, and will then be entered as a judgment by the Superior Court.

In late October 2021, the shoreland in front of two homes owned by Buteau at 18 Fernwood Road and 28 Whitetail Lane was transformed in two weeks from its natural landscape of towering trees, native vegetation and rocky shore to an open landscape of at least 400 linear feet, the equivalent of 10 school buses, of riprap lining the shore.

The town cited Buteau and Management Controls for 15 violations of the shoreland zoning ordinance and unpermitted work at the lakefront on adjoining properties on Sebago Lake.

The property at 28 Whitetail Lane, right, and 18 Fernwood Road, left, on Sebago Lake in Raymond are seen in 2022 after construction at the two properties was completed. Daryn Slover/Sun Journal file

The Maine Department of Environmental Protection also cited Buteau and his primary contractor, Durant, for violations of the Maine Natural Resources Protection Act and confirmed in an email Wednesday that “enforcement action is still pending.”

The statute that the town follows for shoreland zoning violations allows for a minimum fine of $100 per day per violation and a maximum of $2,500 a day per violation.

In court documents, attorneys for Buteau and Management Controls referred to the proposed fine as “an extortionist, multi-million-dollar fine.”

The case has been tied up in a series of appeals in Cumberland County Superior Court until now.

A bill, LD 2101, sponsored by state Sen. Tim Nangle, D-Windham, would allow municipalities the authority to restrict, suspend or revoke any municipally issued permit to the owner of real estate who violates the state mandated Shoreland Zoning Ordinance.

It would also allow municipalities and the Maine Land Use Planning Commission to place a lien against the real estate for all costs related to the ordinance violation incurred by the municipality, including, but not limited to, attorney fees and court costs, and any unpaid penalties imposed on the owner of the real estate.

The bill has had a public hearing and several work sessions and stands a good chance of passage, based on the limited opposition evident during the public hearing.

Editor’s Note: A previous version of this story reported a town meeting would be held April 2 to reveal details of the settlement. The story is now updated to reflect it is a Select Board meeting April 4.