The Boothbay Harbor selectmen approved the wharves and weirs application concerning a dock expansion for the Chimes Subdivision, with two conditions. One, that only one additional 10 by 30-foot float be built, not two; and also that if it is determined that Chimes does not have proper right, title and interest to expand the dock, that the approval from the town will be considered null and void.

The vote was 4-0, with Chairman Denise Griffin recused as her husband, attorney Chip Griffin, was involved in the situation. In Boothbay Harbor, all “wharfs and weirs” requests go directly to the board of selectmen.

The discussion regarding this dock began in August 2014, when selectmen asked that an attempt be made to settle a disagreement over the dock expansion between two neighbors before a decision was made.

The two properties are owned by the Chimes Association and Ebb Tyed, located at the far end of West Boothbay Harbor next to the Southport bridge. Chimes wished to expand their shared dock with the addition of two more 10 by 30-foot floats, both placed at a 90 degree angle to the current dock.

The next-door neighbors, Thomas and Debrah Yale, owners of Ebb Tyed, objected to the expansion. They said the additional dock space was unnecessary, would impair their view, and place a restriction on the oyster and mussel farming projects they are planning. They also stated that the Chimes association did not have the legal right to expand the dock.

According to Tom Yale, the dock is actually on the Ebb Tyed property, and is reached through a 10-foot wide pedestrian easement across their land. The dock is owned by the Chimes subdivision, who are responsible for maintenance and repairs.

At the Aug. 25 meeting, Selectman Bill Hamblen said that they could only approve or disapprove on the dock, and that it was not their place to mediate a civil matter.

Then, at a Nov. 24 meeting of the selectmen, the Chimes Association again brought up the application, stating that a compromise was unable to be reached between the two groups. According to Joe LeBlanc, representing the Chimes subdivision, Ebb Tyed has suggested creating a rhombus-shaped dock, but the proposal was inadequate and would not be approved by the Department of Environmental Protection.

They asked the selectmen to approve the application as written.

The selectmen said they felt a decision could not be made without a representative of Ebb Tyed there, and tabled the discussion.

“Why do they have to be notified?” asked Max Ross, a member of the association. “We aren't asking for a variance or anything.”

“In terms of process you are correct, but as a matter of courtesy they should be here,” Selectman Bill Hamblen replied.

Selectman Wendy Wolf complimented the association members for attempting to come to a resolution with Ebb Tyed. She explained that if any person wanted to, the decision made could be appealed to the Superior Court. An appeal would need to be filed within 10 days of written notice of the decision.

At the Dec. 8 meeting, Ebb Tyed was there.

“The town just opened itself up to suit,” Yale remarked as he left the room. He explained the next day that he feels allowing this expansion sets a dangerous precedent.

“This issue should have been that Chimes does not have sufficient right, title and interest to expand the dock,” Yale said. “They should have been made to prove that.”

Although Yale stated he will most likely let the situation go, he may approach the town to get a reassessment on the land as he feels the dock expansion will “definitely devalue our property.”

Related: Proposed dock expansion makes waves with neighbors