SOUTHWEST HARBOR — In a split vote on Tuesday, selectmen tabled a request from the town’s code enforcement officer regarding a proposed 40-home subdivision on Main Street.

Code enforcement officer (CEO) Donald Lagrange is asking selectmen to give him the authority, if necessary, to enforce a state law that could apply to The Village at Ocean’s End, which is now under development by Jeff Crafts.

Maine law makes it “unlawful to sell, lease, develop, build upon or convey for consideration any land or dwelling unit in a subdivision that has not been approved by the municipal reviewing authority” which, in Southwest Harbor, is the planning board. Mr. Crafts is marketing the homes without having planning board approval for subdividing the property; nor has any application for subdivision review been made to the town.

Mr. Lagrange said the town’s ordinances do not give him the authority to enforce this section of the law. The state attorney general’s office, selectmen and the planning board do have that authority. Selectmen can grant that authority to the CEO as well.

Mr. Crafts, who did not attend the meeting, said in a recent interview with the Islander that he is offering potential buyers the “opportunity to purchase” homes in the subdivision through a “priority reservation program.” Mr. Crafts said he expects to apply for subdivision review some time this fall.

In a memo to selectmen, Mr. Lagrange states that the priority reservation program “appears to circumvent” the intent of the law. He is waiting for an opinion from the legal services staff at Maine Municipal Association (MMA). He indicated that Mr. Crafts’ attorney maintains that a judge ruled in a 1983 case that a similar arrangement as the priority reservation program did not violate state law.

Selectman Ralph Dunbar, Jr. was leery of granting the authority to Mr. Lagrange. Mr. Lagrange assured Mr. Dunbar that he would take the matter to court only with the approval of selectmen.

Kristin Hutchins, chairman of the board of selectmen, was the first to suggest tabling Mr. Lagrange’s request until the town hears from MMA.

“I’m hearing we don’t need to decide on this now,” she said. “We can wait.”

Selectman Skip Wilson agreed, saying another legal opinion might also be necessary. “I’m questioning the whole project,” he said.

Selectmen voted 3-1-1 to table the request. Trudy Bickford cast the opposing vote; Mr. Wilson abstained, stating he did not know enough about the legal implications.

The discussion gave Mr. Lagrange the opportunity to suggest to selectmen that the town’s subdivision ordinance needs to be updated.

Selectmen acted on another code enforcement issue Tuesday, agreeing to a consent agreement with the owner of a seasonal home on the Connor Point Road that would remedy shoreland zoning violations.

In July, Mr. Lagrange sent a notice of violation to Virginia Rolfes of Wyoming, Ohio stating that trees and other vegetation had been illegally removed from the shorefront lot.

Mr. Lagrange said he met with Ms. Rolfes and she is willing to sign the consent agreement. But first, he said, he would like selectmen to approve the deal.

Ms. Rolfes would have to replace vegetation that was removed with six white pine trees that are between 6 and 8 feet tall, and remove bark mulch from along the shoreline, replacing it with native vegetation. If the work is not completed by next June, Ms. Rolfes would be required to pay a $2,500 fine.

One selectman who is familiar with the property asked if the required plantings would replace the number of trees cut.

“This is quite generous as far as tree planting,” Mr. Wilson said.

Mr. Wilson was also dismayed that Ms. Rolfes may not be required to pay a fine. “I have issues with that,” he said. “If you violate the shoreland zoning ordinance you should pay a fine. I don’t see any punishment here.”

Selectmen voted 5-0 to enter into the consent agreement with Ms. Rolfes.