The Boothbay Appeals Board discussed its previous decision denying a permit for Coastal Maine Botanical Gardens’ expansion for 61 minutes on Dec. 17 before voting not to reconsider it. CMBG requested the five-person board reconsider its decision after a 3-2 vote Nov. 9. 

The board ruled the project located partially in the Knickerbocker Lake Watershed was not an approved use because it was more like a “museum, than educational facility.”

During the reconsideration hearing, the three members who voted in the majority last month declined to reconsider their position. Board members Scott Adams, Steve Malcom and Dick Perkins told town attorney John Shumadine they had no basis to change their minds. Perkins, who is the board chairman, said his decision to deny a permit was based on past CMBG applications describing it as a “museum.”

Municipal ordinances don’t mention botanical gardens as either an approved or unapproved use. The  board had to consider whether a botanical garden is more like a school which is approved or a museum, which isn’t approved.

“I go back to that original application. On the back page, it lists the principle use as educational facility, museum. I’m sorry; once it went down that road, it became a moot point,” said Perkins.

In a statement following the hearing, CMBG said the board failed to reconsider the facts. “On Monday, the appeals board, again, refused to consider important facts when reaching its findings, and disregarded, practical, common sense reasons why the decision should’ve been reconsidered,” according to the statement.

The statement also said a majority of board members found the expansion met all 42 environmental standards required by municipal ordinances. CMBG also claimed the watershed wasn’t in jeopardy of contamination by the project.

The statement questioned the proceeding’s overall fairness. CMBG called it “fundamentally flawed.” The statement described one member as being “consistently intemperate, bullying and confrontational.” CMBG also cited a change of viewpoint by two board members during the deliberations.

“The board declared the record closed on Sept. 21, and then announced on Oct. 17 they had not reviewed it before closing it. And later citing a late review for switching a 4-1 ‘yes’ straw vote to a 3-2 ‘no’ final vote without CMBG given an opportunity to address the new ‘information’,” wrote CMBG.

With the board denying reconsideration, CMBG is left with two options. It can appeal the permit denial in superior court or file an application for a new expansion permit. Director of Marketing and Communications Kris Folsom said CMBG has submitted a new application to Boothbay for its expansion project. The planning board will consider it in January, according to Code Enforcement Officer Art Dunlap. Folsom also said via an email that CMBG plans on filing a lawsuit.

Also, on Monday afternoon, the Anthony family submitted an appeal of the town's stop work order, according to Dunlap.