Boothbay Harbor’s appeals board ruled Oct. 17, Maine Department of Marine Resources’ application to the code enforcement officer is a governmental use. DMR had approached CEO Geoff Smith about building a structure for seasonal employees, but Smith ruled the closest definition in the town codes would be a boarding house, which is not allowed.

DMR sought a variance which only gives the board the power to grant permission for a use not allowed in the district. After the last appeals board meeting, Smith contacted Department of Environmental Protection's Shoreland Zoning Coordinator Colin Clark who suggested to Smith and the board the use would be governmental.

Chair Merritt Blakeslee suggested the board take the agenda in a different order because he felt that not only is the definition as a boardinghouse wrong, but it should be considered as an accessory use to DMR's main operations. Blakeslee argued if the board were to move in that direction, the definition of “governmental” would be moot.

Smith interjected. He said while it was his role to determine the use to the closest approximation in town codes, it would be the board’s role to determine if a variance should be reviewed or granted.

If Smith had denied the application and the board wanted to interpret the definition differently, it would be an appeal, Smith clarified. Then the applicant would have to withdraw its application for a variance, the board would adjourn, the applicant would resubmit as an appeal, and Smith would have to advertise a new meeting for the board to decide whether or not to overrule Smith’s interpretation.

Blakeslee wanted to keep investigating the use as an accessory use, but board member Richard Burt said he could not see housing as being accessory to a marine laboratory.

“The definition here says 'a use or structure which is customarily incidental and/or subordinate to the principal use' which to me says, OK, house/garage, house/garden shed, marine lab/storage building. It doesn't say marine lab/residence or marine lab/housing. That's not customarily associated with a marine lab to me … not in any stretch.”

Burt proposed the board carry on with the agenda as written. The motion went on to carry unanimously. Then, board member Dave Racicot moved for the board to accept a clarification on the proposed use being “governmental. The vote ran 4-1, with Blakeslee dissenting.

“I'll reiterate my belief that this is not a principal use or structure and therefore certainly is not a governmental use meeting (170-Table 1) 15(E),” said Blakeslee.

DMR Lab Director Carl Wilson withdrew DMR's variance request. The board accepted it by consensus.

Said Smith, “This makes this all very, very simple in my opinion because this gets it out of this board's hands, it goes back to the planning board, they can apply ... for whatever they want to do because it's now housed under governmental use ... (and) it would just have to undergo a site plan review.”