Following last month's stalled discussions, progress was made Oct. 29 at the public merit review hearing for Boothbay Harbor Waterfront Preservation (BBHWP)'s amended site plan application.  

The Boothbay Harbor planning board revisited a Sept. 28 conversation about the possible expiration of BBHWP’s 2020 site plan review. In July, it decided that determining expiration was outside its authority and asked interim Code Enforcement Officer (CEO) Dan Feeney for a ruling.  

However, deadlines could not be met. In a Sept. 17 letter to BBHWP lawyer Anthony Muri, Feeney expressed the need for “additional, project-specific information concerning actual expenditures and the corresponding approved project scope before a determination can be made.” Feeney’s appointment as interim CEO has since ended.  

The board unanimously found that BBHWP would "endeavor to provide" the CEO with the information requested in the Sept. 17 letter within 90 days of Sept. 28 or no later than Dec. 28. The CEO will use the information to decide if the 2020 site plan review approval and/or the 2021 shoreland zoning permit approval expired, per provisions of §170-66(A)(9) and/or §170-101.11(F).  

Town Attorney Dan Stockford suggested that before granting final approval, the planning board could make a motion clarifying that approval does not address continuing validity or expiration of a municipal approval/permit.  

For parking standards (§170-50), BBHWP's amended application has 32 parking spaces after removing 16 spots previously approved in 2020. Part of the downsizing came from BBHWP eliminating two residential uses, also approved in 2020. They currently maintain three uses: marina, outdoor recreation/conservation (park) and a neighborhood grocery store.  

The abutters contend that 32 spaces are not adequate for the number or size of the uses.  

Member Ron Cohen proposed tabling discussion until the board had clarification on the proposed grocery store's square footage and the number of berths, so the needed number of spaces could be calculated. The motion failed.  

The board decided that, as long as the original site plan review approval remains in force, it declines to revisit the number of parking spaces and uses. The motion passed 3-2; Cohen and Tom Minerich opposed.  

"(I'm) just going to put on the record that you're going to try and pass something that will be appealed, because if you're refusing to do the correct calculations, it will be appealed. I was just trying to prevent that," said Cohen.  

In other business, the board voted 4-1 that BBHWP maintain a 15-foot buffer along the property line due to the possibility of windblown debris (§170-35(A)(5)), such as trash and litter generated from park visitors and events. Member David Cody opposed.  

The board also voted that, as a condition for final approval, BBHWP obtain a letter from Boothbay Harbor Sewer District (BHSD) stating that it has received a comprehensive operations and management plan to prevent stormwater inflow from the splashpad entering the sewer's collection system.  

The stormwater management measures shown on Plan L-2 (dated May 1, 2026) in conjunction with the April 2026 Gartley & Dorsky "Stormwater Management Plan Summary Report" and attached materials were deemed satisfactory for § 170-56.  

For the “Lighting and Photometric Plan” shown in Plan L-4 (dated May 27, 2026), the board found it satisfied the requirements of § 170-45, without restricting its authority to examine BBHWP's lighting scheme for compliance with other ordinance provisions.