A Virginia couple’s challenge to conditions for a shoreland zoning permit will likely proceed in January. The Boothbay Board of Appeals found Eugene and Judith Molinelli’s application complete Oct. 30. It appeals conditions placed by Code Enforcement Officer Jason Lorrain for a vegetative trimming or removal on an adjacent property.

The Molinellis, of Manassas, Virginia, own a summer home on Sawyer’s Island Road. They sought a permit to maintain a view easement on 65 Sawyer’s Island Road which is owned by Peter and Kathryn Wagner of Cape Neddck. Lorrain issued three conditions in the Sept. 4 permit. Lorrain ruled prior to any trimming or removal,  the Molenellis’ arborist shall conduct an on-site pre-vegetation trimming meeting with the CEO. The discussion shall include proposed techniques and methods of vegetative trimming. Lorrain also wants the arborist to define “cutting of heights indicated by a 2007 photo” and trimming “in accordance to court directives.”

The second condition involved areas of sustained slopes (20% percent or greater) on the property adjacent to the Sheepscot River in part of the Resource Protection Area. He also ruled against cutting or removal of vegetation within the strip of land extending 75 feet inland from the high-water line. 

Condition three prohibits cutting or removal of vegetation planted as part of the “Shoreland Zone Buffer Vegetation Plan” landscape architect Sara Witte prepared in March 2018, unless authorized by the CEO. 

Attorney Patrick Lyons of Eaton Peabody told the appeals board his clients were appealing all three conditions. The application states “an error was made in the approval/denial of permit” and “issuance of permit was valid, but the conditions imposed were in error; interpretation of zoning boundary.”

Lyons also requested a hearing date after Jan. 6, 2020 to avoid the holiday season. The board agreed to seek a hearing date beginning in mid-January 2020.