BRUNSWICK

Proponents of a planned passenger train maintenance shed said they were happy that the town council has decided not to file for intervener status at a future state environmental hearing for a permit for the 60,000- square-foot layover facility between Church Road and Stanwood Street.

The council, instead, voted unanimously to register as a “municipal participant.”

Those granted intervener status will prefile their testimony, and “will have the right to offer testimony and evidence and crossexamine the witnesses of other parties,” according to the Maine Department of Environmental Protection. Those who can be granted intervener status include those that are “substantially and directly affected by the licensing proceeding.”

The deadline for filing for intervener status is Dec. 24. However, as a municipality, the town has the option to file as an intervener at a later date, according to Stephen Langsdorf, the town’s attorney.

The town and DEP “have a very limited ability to regulate the project,” said Langsdorf, because many local regulations are preempted by the federal government.

The Federal Railroad Administration has already approved the project, however, the storm water permit is necessary before the Northern New England Passenger Rail Authority’s contractor can begin work on the facility.

A permit already in place was vacated in July when a superior court judge determined that abutters to the site weren’t properly notified.

NNEPRA’s contractor reapplied for the permit in August, which was rejected because it lacked sufficient information. Another appli- cation with additional information was sent to DEP in September, and was approved the following month.

DEP decided in November to hold a public hearing on the permit after a request by the Brunswick West Neighborhood Coalition, which opposes the facility.

The town council had traditionally been hands-off regarding the train shed, having, in April, narrowly voted against requesting a further study of the facility from the federal government, despite a similar request from Gov. Paul LePage and the urging of the Brunswick West coalition.

Wayne Davis, head of rail advocacy group TrainRiders/ Northeast, said the council on Monday made a good decision.

“It shows there’s an interest,” Davis said, and could lead to clarity about the controversial plans for the shed.

Davis said TrainRiders will be filing for intervener status, adding that “it’s our baby, so we want to see that it gets properly vetted.”

“I think the council made a prudent decision that’s going to be a challenge further down the line,” said Jeff Reynolds, a resident and train shed supporter. “If they do participate, how will they express the will of a council that has thus far been split? I’m having trouble seeing the council speaking in a unified voice.”

Reynolds added that it was a challenge that may be overcome.

Outgoing Council Chairman Benet Pols said he wanted the council to address the question of whether to become an intervener.

“The position of the town may evolve to the point where they may want to take a position,” Pols said.

The hearing for the DEP’s storm water permit had not been set as of Monday.

In the past

THE BRUNSWICK TOWN COUNCIL had traditionally been hands-off regarding the train shed, having, in April, narrowly voted against requesting a further study of the facility from the federal government, despite a similar request from Gov. Paul LePage and the urging of the Brunswick West Neighborhood Coalition, which opposes the facility.