Why has the Waterfront Park been delayed?
A brief history
We hope that the park will serve as a beautiful place of quiet respite that celebrates our waterfront history, for locals and visitors alike. View Document
Board of Directors letters to the BBH Planning Board
Attorney Siviski has made a submission on our behalf regarding the remand order before you. Please also consider this supplemental submission of our Board’s perspectives. View Document
Attorney Collins forwarded her September 12 letter outlining the permitting history of our project. What follows is our understanding of what has transpired. View Documents
Response to the RANSOM report
Waterfront Preservation needs to clarify an erroneous and misleading report by RANSOM that is now being publicized on a website by the Doyles. View documents
Boothbay Register Park Ad
The approved “Park and Marina Building Permit” and the approved “Amended Site Plan” are currently under appeal by an abutter at the Town level and in Superior Court. View Ad
There have been a number of delays on the project due to local regulatory issues. A summary of our filings, all of which are public record, is as follows:
Waterfront Park permitting Questions and Answers
Which Waterfront Park permit APPEALS are currently active? View document
Why was the Park construction “STOP WORK ORDER” issued and where does it stand? View document
Where does the Park Water Conservation Plan stand? View document
October 14, 2020: The Boothbay Harbor Planning Board approved the Initial Site Plan after extensive shoreland zoning review.
February 23, 2021: Boothbay Harbor Code Enforcement officer confirmed that all local permitting had been obtained, and construction could proceed pending permits for individual structures.
September 8, 2021: Boothbay Harbor Planning Board unanimously approved an amendment to the site plan, which included the 0.5% change to the impervious surface (bringing the total impervious surface to 29.5% from 28.9%), concluding that the amendment is “minor”.
November 11, 2021: The code Enforcement Officer issued the park and marina a building permit.
January 13, 2022: The Boothbay Harbor Board of Appeals held a hearing to consider an appeal to the issuance of the Building Permit by the abutting property owners. On the same day, an official from the Department of Environmental Protection submitted a letter to the Board of Appeals stating that the parking area did not meet the 75-foot setback.
September 6, 2022: Boothbay Harbor Code Enforcement Officer issued a notice of violation alleging three violations related to the stabilization of exposed ground area, a retaining wall that was built outside of the approved project scope, and work being done within a special flood hazard development permit. In response to this notice of violation, BBHWP has:
completed the stabilization of the exposed ground area
confirmed that the concrete structures being poured at the property are part of a retaining wall necessary to prevent erosion beneath the south edged of a paved parking area, which was consistent with both the original and amended site plans, which were approved.
Submitted the flood hazard development permit to do the work within the special flood hazard area.
January, 13 2022: The Board of Appeals Remanded the park and marina permit back to the Planning Board.
June 23, 2022: The Department of Environmental Protection withdrew its objection to the parking area.
October 14, 2022: The Boothbay Harbor Planning Board voted to hold a public hearing on the Order of Remand on November 9, 2022. It voted unanimously to accept only information that was available in November 2022 and pertained directly to the specific remand questions.
Next Steps
November 9, 2022: The Planning Board considered the Board of Appeals remand questions and re-affirmed their original findings from November 2021
January 31, 2023: The Board of Appeals will hold a later public hearing to consider the Park and Marina building permit appeal.
