The Boothbay Board of Appeals determined Feb. 28 that Coastal Maine Botanical Gardens’ application was complete, but it may take a while before the board makes another determination. In the first of an expected series of meetings, the board set the hearing schedule for two challenges to CMBG’s permit.

The board expects a lengthy process in determining whether to uphold challenges from Boothbay Region Water District and Gaecklein Road residents Vaughn and Jodie Anthony regarding the building permit the planning board approved in December.

On Feb. 28, the appeals board heard from all three parties  involved in the two appeals, and estimated the hearing would take 12-16 hours. Members also set a four-hour time limit per weekly meeting. The board expects to conduct three to four meetings toward rendering a decision.

This was the first time the board had met in more than a year. Five of the seven members attended: Vice Chairman Steve Malcom, Scott Adams, David Steinmetz, James Tonon and alternate Martin Page. Chairman Dick Perkins and Jeanne Fuller were absent.

CMBG has received a permit for the first phase of its $30 million expansion project. Based on town ordinance, the appeals board will conduct a de novo review of CMBG’s application. As town attorney James Shumadine explained, “De novo is a fancy way of saying it’s a do-over. The appeals board will make its own independent evaluation of information presented.”

A public comment period was held prior to a vote on the completeness review. Malcom requested comments pertain only to the completeness review and limited questions to five minutes. Only one person spoke — Boothbay resident and Boothbay Region Water District Trustee Jon Lewis. “Just for clarification, is the completeness review for tonight, or when the planning board evaluated it? Can you explain the legal standard?”

Lewis’ question pertained to information presented by Boothbay Code Enforcement Officer Art Dunlap about when CMBG received a permit for its septic system. Anthony family attorney Sarah McDaniel, partner with the Westbrook law firm Douglas, McDaniel & Campo,  previously questioned Dunlap about whether CMBG had a plumbing permit. Dunlap responded the permit was issued about three to four weeks ago. Dunlap’s response led to Lewis questioning the Dec. 16 completeness review made by the planning board. Lewis wondered why planning board members ruled the application complete when a plumbing permit wasn’t approved until 10-14 days later.

Shumadine ruled the planning board’s previous decision didn’t matter in the de novo review.

“This board can’t rely on the planning board’s finding. It must be their own analysis,” he said.

McDaniel told the board four Anthony family members would testify. She will also present expert testimony and reports regarding phosphorus contamination and stormwater runoff, discuss interpreting municipal ordinances regarding buffering, protecting adjacent properties, and the town’s water supply.

The BRWD was represented by attorney Brian Marshall of Portland law firm Verrill Dana. According to Marshall, the Water District’s interest is limited to protecting the public water supply. He plans to present expert witnesses and reports indicating CMBG’s expansion threatens to contaminate the Knickerbocker Lake watershed. He also plans on challenging whether CMBG is allowed in a general residential zone.

“On their application, the Botanical Gardens calls itself a museum, which such a use is prohibited in the municipal ordinance,” he said.

CMBG is represented by attorney Mary Costigan of the Portand law firm Bernstein Shur. CMBG previously received Department of Environmental Protection and Army Corps of Engineers approval prior to receiving a building permit from the town. She plans on introducing evidence showing the project meets all state and local regulations.

The application completeness review wasn’t the only item on the board’s agenda. The board tabled an appeal by Boothbay summer resident Mary Lou Teel. She is appealing a notice of violation regarding an alleged illegal clear-cutting of her Barters Island Road neighbor’s property. She is currently negotiating with the town and her neighbor, CMBG, regarding repairing and replanting the property. Shumadine reported Teel wanted to appeal the violation in case negotiations with the other two parties ended unresolved. The board voted 5-0 to table her appeal.

The board set a Wednesday, March 15 deadline to receive all environmental reports. The board will reconvene at 6 p.m. on Tuesday, March 28.