Over three years after the Eastside Waterfront Park shoreland permit was approved by the Boothbay Harbor Planning Board, it was back — this time, by a court order.The board met Nov. 20 to fulfill a judge’s request for more clarification on the 2021 decision after a lawsuit last year.

April 30, the court released a ruling over issues between Boothbay Harbor Waterfront Preservation and abutters Joe and Jill Doyle, as reported in the Register. In the ruling, the court ordered a new public hearing for the project site plan and more information on its shoreland zoning permit.Oct. 24, the town's board of appeals remanded issues to the town planning board following the ruling. 

According to town attorney John Cunningham, the special meeting should produce findings tied to reviewable recordto elaborate on the board’s 2021 decisions on the permit. He said the court is looking for what the board's findings are and "what evidence supports every finding that you make,” he said.

Two members on the current board, Jon Dunsford and Lee Corbin, were voting members when the original decision was made and were able to provide some insight into the board’s thinking at the time.  

It was an unusually crowded planning board meeting with around 30 people in the audience, including lawyers representing all sides. The board did not allow speakers from the audience. 

Many of the issues with the plan were around finding space for parking, required by the town, in a relatively small lot that has buildings on it. In addition, asplashpadon the site was brought up several times as a complication. “If the splash pad wasn't here, you could just put whatever you wanted to. You could fill this whole thing up with parking,” said Chair Tom Minerich.  

The board producedfindings for the court, passed by separate votes, around six key points tied to the record. Members unanimously voted toproduce findings that clarified the lot size and constraints, said the slope of the land was not significant and has no impact on the design,and said the plans show adequate erosion control measures.In addition, they found two points, septic and vegetation, were not applicable because the site is on town water and sewer and there was little to no vegetation on the property before the park. 

However, the board disagreed on a finding around the location of structures on the property. The finding stated that given the limited space on site and the need toaccess working waterfront areas, the most practical way to add parking is to add it along a roadalready to be constructed. Jon Dunsford, Lee Corbin and Merritt Blakeslee voted in favor of the finding and Minerich and Ron Cohen voted no.

The board said it will approve the final wording of the findings after the town lawyer drafts them and they are agreed on. In addition. The second court remand, for another public hearing, will be scheduled for later.