Lincoln County Superior Court ruled in favor of Boothbay Harbor Waterfront Preservation (BBHWP) in a Dec. 5 decision on a shoreland zoning permit application for Eastside Waterfront Park. Justice Daniel Billings granted the organization’s appeal of a Boothbay Harbor Board of Appeals decision to vacate the application, effectively affirming its approval. However, days later, a notice of appeal was filed to contest the decision.  

“Basically, without having that shoreland zoning permit, we're restricted from doing pretty much anything else,” BBHWP President John O’Connell said about work along the shore. He said they want to put sod on the lawn, replace windows in a pavilion building, and lift a boathouse, projects he said have been put on hold without the permit.   

March 2023, the appeals board vacated the planning board’s approval of the shoreland zoning permit application. In subsequent court action, the matter was remanded back to the planning board for further findings of fact. According to court documents, BBHWP argued the board of appeals erred when it determined there was insufficient information to support the planning board’s approval of the shoreland permit application. BBHWP said there is substantial evidence in the record to support the original decision.  

The ruling said the court was satisfied that the planning board's supplemental findings from December 2024 and, combined with earlier findings and the administrative record, were sufficient for review. It said the planning board's finding that the application was complete was supported by substantial evidence in the record and was not an abuse of discretion. 

Abuttors Joseph and Jill Doyle presented several arguments opposing the planning board’s approval of the shoreland permit. Among them, they said a paved parking area did not meet the 75-foot shoreland zoning setback, parking is not set back to the greatest practical extent, and the park is not an institutional use as defined by town ordinance. The court disagreed with the arguments.

The ruling concluded that the matter be remanded back to the appeals board with instructions to affirm the planning board’s initial approval of the shoreland zoning permit application.  

Dec. 9, the Doyles filed a notice of appeal against the decision, according to attorney Kristin Collins. Collins said her clients agree that the board of appeals was correct in determining the plan didn’t satisfy shoreland zoning requirements. She said the appeal will also address “other noncompliance issues,” including more impervious area than allowed, wastewater and stormwater drainage issues, and commercial elements to the project. 

“The Doyles feel strongly that the court should not have decided this appeal because the developer hasn’t completed its review process with the Town,” said Collins. “The structures the developer installed on the property without permission have just come back before the planning board for review. Changes may – and should – be made during this process, which will affect the shoreland approval that the court just reinstated.” 

Dec. 10, BBHWP and Collins went before the Boothbay Harbor Planning Board for a preapplication review of a separate site plan, which has also been the subject of litigation.