Doyles file second appeal of BHWP planning board approval

Mon, 12/27/2021 - 7:30am

Boothbay Harbor homeowners Joseph and Jill Doyle filed an appeal Dec. 16 on a Nov. 17 planning board approval of a shoreland zoning permit for abutter Boothbay Harbor Waterfront Preservation. BHWP has been constructing a waterfront greenspace at 65 Atlantic Ave. since Oct. 2020. The Doyles recently lost an appeal on BHWP’s site plan revision.

The latest appeal requests the board require BHWP to submit a structural assessment of its pier, location of the high water line and an amended National Resources Protection Act (NRPA) permit evaluating impacts of a splash-pad structure; have a third-party engineer confirm the application fits the town ordinance; and deny the project as it is proposed.

The Doyles’ attorney Scott Anderson of Verrill Dana law firm said in an email, his clients are in support of the park and are financial donors, but are concerned BHWP’s uses are too many. Anderson said they are concerned the town has ignored that the proposed parking lot is within the 75-foot setback from the high tide line despite Maine Department of Environmental Protection’s determination it must be outside the setback.

“This runs the risk of the DEP taking enforcement action against the Town,” Anderson said. “The Doyles are simply trying to ensure that this development is safe, ‘green’ and that it complies with the town’s requirements.”

BHWP President John O’Connell said his board and the park’s supporters are frustrated by the latest developments, but are working through it. “It’s a gift to the people, to the community and to the harbor’s visitors. It’s a year round area, except for the splash pad for obvious reasons, where people can go to relax, view the harbor … watch the fireworks and boat parades. It’s an asset for the community.”

The board of appeals will meet at 6 p.m. Jan 13 via Zoom. To connect: https://us02web.zoom.us/j/83788283473. To connect by mobile, call: 1-929-205-6099. To connect by landline, call: 1-929-205-6009. When prompted, use meeting ID: 837 8828 3473.