The saying, "It is an ill wind that doesn't blow some good" was certainly true on Westport Island when a shoreline violation penalty put $12,500 into the coffers of the Westport Island Human Resource Committee to help islanders this winter.

The violation occurred around 2002, but apparently did not come to light until the current owners, Bobby and Janice Adkisson were in the process of selling the property, and because of the violation it held up the sale.

John MacNamara, the owner of the property when the violation occurred, and Karl Olson, a surveyor hired to measure the setback, attended the May 19 selectmen's meeting to discuss what action could be taken to resolve the issue, and allow the sale of the property to go forward.

The selectmen called in the town's Code Enforcement Officer to the meeting to be a participant in the discussion, and decided to take no action until more research could be done, and a penalty determined.

According to selectmen, because of the length of time the violation had existed, the penalty could be between $40,000 and $45,000, and perhaps even could require moving of the building.

The violation occurred when an expansion of a garage and deck was built closer to the Back River than the 75' setback and the 30 percent allowable expansion was exceeded. After over a week of research and negotiations with the Adkissons, the selectmen and the CEO signed an agreement with the Adkissons.

"After due inquiry by the town's board of selectmen and CEO, they have determined that the waterfront setback violation does not currently, and will not in the future, contribute to any ongoing environmental damage to the Back River, and will not pollute the environment or otherwise constitute a public nuisance," the agreement says. "It was not done deliberately, a building permit had been sought and obtained at the time the expansion work was done, and the respondents and the general contractor who built the garage and deck improvements are not repeat violators of the town's Shoreland Ordinance."

The town will not take any further enforcement action with regard to the improvements or water setback violations other than the penalty imposed and agreed upon, to pay $12,500 plus legal costs, provided no expansion or improvements are made closer to the Back River in the future.

The penalty check of $12,500 was made payable to the Town of Westport Island Human Resource Committee, and a check for the legal fees of $175 was made payable to the town. The consent agreement was signed by the town's three selectmen, and the Adkissons.

Selectman Brenda Bonyun said following the signing, "This donation to the town's Human Resource Committee will help our citizens this winter that will need fuel."

Selectman Jack Swanton said, "It was our First Selectman George Richardson who came up with the idea to allow the donation be made to the Human Resource Committee. It also gives the violator, paying the penalty, a good feeling his money is going to a good cause."