Court rules in our favor
Dear Editor:
The Maine Superior Court ruled in our favor on the longstanding dispute regarding the Newcastle Realty Building (across from the town hall) that was constructed almost five years ago:
“The court vacates and remands the CEO’s decision granting Harbor Crossing the June 8, 2020 building permit.”
This ruling was made public weeks ago. It appears that Selectmen have not been informed by the town manager nor has any action been taken on the building that now cannot legally be occupied.
Since 2020 the town’s CEO and attorney have used every procedure in their power to avoid a hearing on the code issues resulting in an earlier ruling in 2022 where the Maine Supreme Court sent the matter back to the Planning Board. At that hearing the Board ignored the courts and refused site review or a discussion of the code declaring “this was a dispute between two neighbors.” That is ridiculous - neighbors cannot work out the code. We appealed.
The Appeals Board then refused to send it back to the Planning Board because they considered the building a “remodel” and not a “new building” even though the application (as affirmed by the judge) was for a “new building” after the old building was demolished! In its place a larger foundation was poured and the height was doubled. We appealed to the Superior Court and they have now ruled.
Boothbay Harbor needs to take the code seriously. Taxpayers should be appalled at the ~$100k they have spent to avoid this accountability.
It’s time the Selectmen take action and remove the oversight of this case from the town manager and CEO.
Tom Myette
29 Mckown Street
Boothbay Harbor
