Kristin M. Collins
kcollins@preti.com 207.791.3292
March 12, 2022 Town Manager and Board of Selectmen Town of Boothbay Harbor 11 Howard Street Boothbay Harbor, Maine 04538 RE:
Boothbay Harbor Waterfront Preservation
Dear Ms. Latter and Selectmen: Even if you have been following the various Town board meetings regarding Boothbay Harbor Waterfront Preservation, it may be hard to understand why this application and the have been so problematic. Joseph and Jill Doyle own the residence next to the planned marina, apartments, store and park, and have asked me to offer some perspective on this situation. I represent over 20 municipalities and have seen first-hand how this type of complicated land use development can spin into years of costly appeals, whether or not the town problem-solve any points of dispute, will be key to avoiding that fate. Attorney Scott Anderson has been helping the Doyles navigate this troubled application process and has prepared the attached, useful timeline of the missteps that have plagued this development review. In reviewing this, you will see a concerning pattern of lack of notice, overlooked violations, incomplete reviews and back-channel and after-the-fact approvals. In large part, these problems replicate those found in the review of the Harbor Crossing application, which is currently under appeal at the Maine Supreme Judicial Court. In that case, as I detailed in a May 2020 letter to this Board, the CEO did not publish notices of building permits as required, and did not notice significant violations of those permits when they occurred. Then, instead of prosecuting the developer for those violations, the Town allowed it to quietly modify its project without further permits and without the Planning Board review it should have had from the start. In both cases there were errors in the process that compounded over time and ultimately left the neighbors with no choice but to look to the courts for redress. You may have read about the Rockport Harbor Hotel, which has been the subject of much regional news due to multiple appeals, a petition drive, and a court case which ultimately overturned or remanded most of what town officials had done in their review of the project. While principally a dispute between the developer and local residents, the Town of Rockport has been along for the ride, spending approximately $200,000 in legal fees. Having litigated that case on behalf of the neighbors for over two years, one lesson stands out: no development no matter how wanted is worth cutting corners for. Scrutiny is always rewarded with a better project and more community satisfaction.
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PRETI FLAHERTY March 12, 2022 Page 2 We are thankful that the Code Enforcement Officer and Town Attorney have heeded the guidance given by Maine DEP on the BHWP development and have asked the developer to come back to the drawing board with a revised and fully compliant plan. This will provide the opportunity for the Town to apply the necessary amount of scrutiny to a project that seeks multiple mixed uses on a tiny oceanfront lot, the discharge of wastewater into Boothbay Harbor, and use of a pier that has been deemed by experts as unsafe for the planned purposes. There is no doubt that there is a plan out there that will allow BHWP to do more or less what it wishes on the property, while keeping the project safe, environmentally friendly, and compliant with the strict standards that rightfully apply to this oceanfront lot. The Town has various tools in its toolbox to help ensure this. First, the boards and CEO should engage the help of consultants and engineers in their review of the project (municipal boards often have such and strict compliance in every exercise of discretion. Third, given the record of violations to date, the CEO should conduct frequent and thorough site visits before and during any construction. And fourth, the Town should engage with BHWP, the Doyles and other neighbors early and often to find a plan for this project that will be of benefit to all. Thank you for your service to the Town and for your attention to this letter. Sincerely
Kristin M. Collins
Encl. cc: John Cunningham, Esq.
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