The Boothbay Harbor Planning Board on Oct. 9 had a long and at times heated meeting for several permit and plan reviews. Among them, the board tabled a site plan review of Conley’s Garden Center pending more information around wetlands.

As reported [../../article/carousel-marina-conley-s-and-minor-subdivision-progress-planning-board/187574] in the Register, Conley’s was found in violation of the land use code in March 2023. Owners Ben and Tim Stover came to the board in June to correct the issues, which involve changes to the property including a driveway, expansion of impervious surfaces, a mulch storage structure and a gazebo. The board did a site visit soon after.  

Represented by attorney Mellisa Holmes, the applicants returned to the board Oct. 9 with a site plan from a professional surveyor. The meeting had several heated moments, including what acting board chair Merritt Blakeslee called out-of-order outbursts from the audience — outbursts that threatened to table the review. In addition, Holmes requested board member Lisa Tholl recuse herself because she is an abutter. Blakeslee made a motion for recusal that was not seconded. “I think that I can be a fair and impartial member of the planning board on this issue,” Tholl said.

According to the board, the application did not fulfill Maine Department of Environmental Protection (MDEP) requirements, including wetland delineations and whether MDEP would require permits. Holmes presented a communication from MDEP that noted wetlands, but the board said it did not include enough information. 

The applicants agreed to move a concrete structure for mulch storage farther from potential wetland boundaries. “If it's an issue. It's moved. Whatever we have to do,” Tim Stover said. 

In addition, the board required wetlands be marked by a certified wetlands specialist and that there be a clear answer from MDEP on permits. On the applicants' request, Blakeslee said the board cannot waive the requirements, and rules around wetlands are some of the most constrictive they face.

“We've got a small fortune invested in this process alone. To ask us to spend another three, four, five thousand dollars I think is just ridiculous. If the goal is to shut down small businesses, then you're doing a good job,” Ben Stover said.  

However, when asked if they wanted to table the issue, Tim Stover said they would like to move forward. "We'll get it figured out, don't table it. Proceed with whatever you need to proceed with." 

The board scheduled a special meeting Oct. 30 to continue. 

In other business, the board approved changes to a subdivision at 50 Reed Road without issue according to Code Enforcement Officer Geoff Smith; lots in the subdivision were restructured to join half of one lot with abutting land outside the subdivision and join the other half with another lot in the subdivision.  

A shoreland permit was approved to replace a fire damaged shed at Flagship Inn, more information was requested for a shoreland permit at 5 Wharf St., and a discussion regarding a letter submitted on behalf of Boothbay Region Housing Trust was tabled to give the board and public more time to review. The unfinished items are on the Oct. 30 agenda.