The Boothbay Planning Board denied a request to reconsider a past decision. Resident Philip Simard requested the board reconsider approving a wharves and wiers permit for a Firth Drive couple to build a pier in the Damariscotta River.

In September, the board approved a permit for Robert and Robin Zwicker for building a pier system. The Zwickers’ property abuts Philip Simard’s who wasn’t able to attend the planning board’s Sept. 30 meeting where the applicant received planning board approval. He did attend the selectmen’s June 10 meeting where he expressed concerns about the pier system limiting his access to the river.

On Jan. 20, Simard requested the planning board reconsider its past decision. Simard’s overriding concern was that the structure would block his boat’s access to the river. He believed a space as small as 30 feet wouldn’t be enough to navigate his boat by the pier and cove.

“I’m just trying to protect myself. Down the road, I may want to sell, and don’t want to have an issue with the pier impinging on navigability,” Simard said.

The planning board denied the request because it came beyond the 30-day deadline for appeals. The planning board also ruled Simard didn’t present any evidence regarding the construction violating the approved plans.

“The 30-day window has passed. So unless there is some significant evidence of incorrect or false information regarding the application, I can’t see reconsidering an application that already has been approved. We can’t reconsider based on there might be a problem,” said planning board member Alan Bellows.

The Zwickers’ pier is a 4-foot-by-60-foot, pressure-treated wooden platform attached to a set of stairs. The structure leads to a 3-foot-by-50-foot ramp connecting to a 5-foot-by-95-foot pier, and to a 10-foot-by-20-foot, pressure-treated wood float positioned 50-75 feet from the shoreline.

On Jan. 4, the town’s two code enforcement officers reviewed the pier’s construction, according to Planning Board Chairman Fran McBrearty. The officers reported the pier construction is consistent with the application’s standards. 

McBrearty said if the pier infringed upon river navigation, then it would become a code enforcement issue.

“Reconsideration is a moot point, now,” he said. “If it’s not built to the approved specification, the code enforcement officer can require them to tear it out, or you can go to court.”

In other action, the board approved two permits. The board voted, 5-0, to approve a wharves and wiers permit for an East Boothbay applicant. Cathy Hodgdon of 606 Ocean Point Road received approval to construct a 6-foot-by-80-foot pier with batter pilings, a 3-foot-by-40-foot aluminum ramp with a pressure treated wooden 12-foot-by-30-foot float, and a 10-foot by 40-foot timber frame float haul-out.

The board also approved a building permit for an East Boothbay man to relocate a 12-foot-by-14-foot bedroom and a 292-foot square foot deck. John Andrews of Scarborough requested the permit for his non-conforming cottage at 73 Van Horn Road. He needed planning board approval because the cottage is located in a Shoreland Overlay Zone. The board approved the permit, 5-0.

Members spent the remainder of the meeting in a workshop.

The planning board will meet next at 6:30 p.m. on Feb. 17 in the municipal building.