Dear Editor:

Last night (January 23), the Boothbay Harbor Appeals Board denied our request for a fair hearing involving construction of the Newcastle Realty building downtown. After over 3 years we still cannot get a town board to address what everyone understands: the building was already an oversized, non-conforming, structure before it was ultimately rebuilt larger - and that’s not allowed by town code.

The Appeals board offered two justifications for their decision:

First, they adopted a strained and narrow interpretation the Maine Supreme Court’s instructions for a fair hearing (think: 1/2 a fair hearing) to avoid considering whether the new building should have been allowed at all.

Second, and even after the owner tore down the shack that was there, removed the pilings on dirt and the old structure, dug out a new hole, expanded the floor plan, poured a foundation with a cement-floored crawl space, and built a new second story, no board member thought that constituted a “new building.”

They did admit that the neighbors were not informed of plans or permits but they misrepresented the point that notice was always required by town law and not a new court requirement. They then reprimanded the neighbors for not being more aggressive in anticipating ongoing un-notified changes - and for not “measuring” and “snooping around” ourselves.

Property owners apparently now have two choices: You can worry about the precedent set by this latest action, or plan your new building without restriction around this road map.

We will obviously return to the courts. While some in the town office may be poor stewards of the town’s laws this ultimately proves the dictum that the only way to get a fair hearing in Boothbay Harbor is to have that hearing outside of Boothbay Harbor.

Tom Myette

29 Mckown Street