letter to the editor

BOA applied wrong standard of review in appeal

Mon, 04/10/2023 - 3:15pm

    Dear Editor:

    On March 30, 2023, the Boothbay Harbor Board of Appeals (BOA) granted an administrative appeal filed by our abutters, Joseph and Jill Doyle. The appeal was decided on the narrow basis that there was “insufficient evidence in the record and proceedings before the Planning Board” that a proposed 12-spot parking area on the southerly portion of the site had been relocated to comply with shoreland zoning setbacks “to the greatest practical extent,” as required by Boothbay Harbor’s Zoning Ordinance. The BOA specifically found that all other findings of fact by the Planning Board were supported by evidence in the record and that the Planning Board made no errors in its interpretation of Boothbay Harbor’s Zoning Ordinance.

    Prior to Boothbay Harbor Waterfront Preservation’s acquisition of the property, it was occupied by the Cap’n Fish’s Motel, which included a 15,000-square-foot asphalt parking area and multiple nonconforming hotel buildings. The proposed site of the 12-space parking area referred to in the BOA’s decision lies completely within areas previously developed with parking or a nonconforming hotel building.

    BBHWP is considering an appeal of the BOA’s decision to the Superior Court because we believe that the BOA applied the wrong standard of review in deciding the appeal, and that the appeal was decided based on an argument that was not raised when the appeal was filed in December 2021.

    Despite the many unforeseen delays, BBHWP remains committed to our goal of protecting working waterfront from development pressures and expanding public access to the water for the benefit of residents and visitors alike. We value the strong moral and financial support we continue to receive from our local community.

    John O’Connell, President

    Boothbay Harbor Waterfront Preservation