The Coburn House will remain a commercial property after the Boothbay Board of Appeals overturned the Boothbay Planning Board's decision to not extend its commercial use, which lapsed under the previous ownership.

Since 2006, the Coburn House had operated as an event center by owner John E. Hallee of Back River Properties LLC. In April of 2012, the Bank of Maine foreclosed on the property and Tindal & Callahan stepped in as the facilitating agent.

Karen Perkins of Tindal & Callahan went before the planning board in October last year seeking a permit for extended commercial use, but instead was advised to appeal for a variance, because there was no record that Hallee ever held a permit for the most last known use.

Additionally, no records showed Halle ever received planning board approval for running a commercial enterprise compliant with existing zoning laws, despite that the Coburn House was assessed as a commercial property by the town of Boothbay.

The Coburn House, located on Wiscasset Road in Boothbay, is situated within a 500-foot setback of Adams Pond, and is listed as a bed and breakfast.

Since 2004, any property owner who develops land in the watershed protection district requires planning board approval, even for a single family residence.

During the board of appeals meeting January 24, the board unanimously reversed the planning board's decision, so the Coburn House could resume its previous use as a commercial bed and breakfast.

After an hour of debating the details, Boothbay Code Enforcement Officer Dan Bryer presented the meeting minutes of the October 17 planning board meeting. The meeting minutes provided insight, and a platform for which the board of appeals based its reversal on.

The minutes highlighted a similar case involving Boothbay resident, Bo Brewer, who was cited and approved by the planning board for an extended use for Dave's AG, issued for one year.

By the same principle, the board of appeals found that the planning board was incorrect in not issuing a year extension to the Coburn House, because although no record exists of Hallee's permitted use, the town knew of the use, allowed the use to continue, and taxed the property annually, according to tax records.  

The grandfathered use for the Coburn House is now extended to October 2013, and will enable prospective owners to use the property as a bed and breakfast once again.