Waterfront Preservation files reconsideration motion with appeals board
Boothbay Harbor Waterfront Preservation (BHWP) filed a motion July 25 for the Board of Appeals to reconsider a July 17 decision against it.
July 17, the board ruled against BHWP, upholding an April decision by the Code Enforcement Officer (CEO). The decision required the organization to apply for a flood hazard development permit to make repairs at 65 Atlantic Ave. Representatives from three affiliated parties, the town, abutters and CEO, presented their cases during the meeting.
However, according to BHWP, the July 17 hearing, and events leading up to it, contained several irregularities and errors across several parties. Their arguments include allegations of improper document delivery, misleading information, unfair treatment, and mistakes in legal interpretations.
The motion says the board has authority to reconsider a case and act, including holding further hearings and gathering more evidence and testimony. BHWP asked the board to schedule a hearing on the motion to reconsider and hold a further hearing if the motion is granted. For both, BHWP requested that additional evidence and arguments be allowed.
Board chair Wendy Wolf, and the town manager and CEO, each said they were unable to comment.