The Boothbay Appeals Board denied a challenge Jan. 18 to a stop work order the code enforcement office issued. The board ruled 4-1 Code Enforcement Officer Art Dunlap properly enforced municipal ordinances regarding Coastal Maine Botanical Gardens’ expansion project.

On Nov. 9, the Anthony family successfully appealed the planning board’s awarding of a building permit for the Gardens. On Nov. 14, after consulting municipal attorneys, Dunlap issued the stop work order.

But the Anthony family objected to the order and submitted an appeal. The Anthonys contended Dunlap’s order was a “permission slip” for CMBG to continue activity for which it had no municipal approval. The family’s appeal centered around whether or not Dunlap overstepped his authority in allowing activities the appeals board had denied five days earlier.

Anthony family attorney Sarah McDaniel argued since CMBG had no permit, Dunlap had no authority to allow CMBG to use completed parking lots during Gardens Aglow and and continue work outside the watershed zone. The event ended last month, leading board members to vote 4-1he issue was “moot.”

“No permit means no permission. We believe Dunlap acted outside his jurisdiction,” McDaniel said.

Dunlap also allowed CMBG to continue work outside the watershed overlay zone after it had agreed to submit a new application. The family contended since CMBG had no permit it was prohibited from continuing construction until it received planning board approval.

But planning board lawyer Sally Daggett argued on the town’s behalf, Dunlap acted in accordance with municipal ordinances. She advised Dunlap in drafting both the original stop work order and an amended one.

She argued Dunlap closely followed municipal ordinances in drafting and enforcing the order. In a Nov. 9 decision, the appeals board ruled CMBG met all the state and local environmental regulations. Daggett defended Dunlap’s decision.

“The CEO has inherent discretion in interpreting municipal ordinances. He did what the ordinances allowed him to do as the code enforcement officer,” she said.

The appeals board agreed with Daggett and voted 4-1 that Dunlap acted appropriately in writing and enforcing the order. 

The Anthonys and CMBG are also challenging another of Dunlap’s stop work order rulings. He is using the 2004 Knickerbocker Lake Watershed Overlay Zone boundaries in enforcing municipal ordinances regarding development. On Jan. 18, both parties agreed that issue would be decided by the planning board later this month.