DEP Letter to Town of Boothbay Harbor, Jan. '22

STATE OF MAINE

DTpeRTITENT oF ENvIRoNMENTAL PRoTECTION

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JANET T. MILLS

r\4ELANIE LOYZIM

GOVERNOR

COIVTIV]ISSIONER

January t3,2OZz

Wendy Wolf, Chair Town of Boothbay Harbor Board of Appeals 11 Howard Street Boothbay Harbor, ME 04538 Subject: Boothbay Harbor Waterfront Preservation

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Eastside Waterfront Park

Dear Ms. Wolf and Members of the Board of Appeals: The Department of Environmental Protection (Department) has received materials regarding the administrative appeal of Boothbay Harbor Waterfront Preservation - Eastside Waterfront Park, whose property is located at 65 Atlantic Avenue (Map 16 Lot 24).,inthe Town of Boothbay Harbor.

The some of the i'ssues identified in the appeal filed on behalf Joseph and Jill Doyle, direct abutters to the above-referenced project have been reviewed and the following findings are the DEP position as it relates to the Chapter 1000 Guidelines For Municipal Shoreland Zorung Ordinances (Guidelines) :

1.

Structures and Parking Related to the Park and the 75-foot Setback

A parking iot was approved by the planning board as park of this project in an area that was once part of the prior hotel. The area for this new parking area is located within 75ft of the resource. A new parking lot would need to meet the setbaok for the district in which it is located. Per the Guidelines 15 B 1 & 15 G 1 :

B. (1) (100)

Principal and Accessory Structures principal and qccessory structures shall be set back at least one hundred feet, horizontal distance, from the normal high-water line of great ponds classified

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GPA and rivers thatJlow to great ponds classified GPA, and sevent.v:five (75) -feet, horizontal distance,.from the normal hish-water line o.f other water bodies. tributary) streams. or the upland edge o.f a wetland. except that in the General Development I District the setbackfrom the normal high-water line shall be at least twenty five (25) feet, horizontal distance, and in the Commercial Fisheries/Maritime Activities District there shall be no minimum setback. In the Resource Protection District the setback requirement shall be 250feet, horizontal distance, exceptfor structures, roads, parking spaces or other regulated objects specifically allowed in that district in which case the setback requirements specified aboye shall apply.

AUGUSTA 17 STATE HOUSE STATION AUGUSTA, MAINE 04333-OO1 7 (207) 287-7688 FAx: (207) 287-7826 website: www.maine,gov/dep

BANGOR

PORTLANI)

PR}ISQUE ISI,E

106 HOGAN ROAD, SUITE 6

312 CANCO ROAD

BANGOR, MAINE 04401 (207) 941-4570 FAX: (207) 941-45&4

PORTI-AND, MAINE 04103 QAl) 822-6300 FAX: (207) 822-6303

1235 CENTRAL DR[VE,, SKYWAY PARK PRESQUE ISLE, MAINE 04769 (207) 764-0477

FAx: (207) 760-3143

G.

Parking Areas

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Parhins areas shall meet the shoreline and tributary stream setback requirements for structures for the district in which such areas are located. except that tn the Commercial Fisheries/Maritime Activities District parking (treas shall be set back at least twenQ-five (25) feet, horizontal distance,.frr* the shoreline. The setback requirementfor parking areas serving public boat launching facilities in Districts other than the General Development I District and Commercial Fisheries/Maritime Activities District shall be no less thanfifty (50) feet, horizontal distance, from the shoreline or tributary stream if the Planning Boardfinds that no other reasonable alternative exists further from the shoreline or tributary stream.

Therefore, it is the opinion that the setback for this new parking lot would be 75ft..

2.

Two Dwellings on the properQ

When the Department was asked to review this part of the project it was determined based on the uses that existed back in 2020 that the property did contain a legally existing dwelling. The proposal to add a second dwelling on the property would require the additional dimensional requirements for the zone to be met and based on the level of development that was not going to be an approvable item unless other proposed uses were removed. No uses were removed and therefore the addition of the second dwelling on the property would not meet the dimensional requirement for the lot.

I havepersonally been to this site many times and communicated with the applicant's consultant, the Municipal Code Enforcement Officer and Planning Board on these issues as well as others on this project including Lot Coverage, Non-conforming Structure removal and replacement. I have always advised that the key to this project is to make sure that any ShorelandZoning Standards including Dimensional Requirements for new portions of this project must be followed and that any legally existing nonconformities must work within the standards to allow for these to continue. It appears that some of these items have not been adhered to and it appears that this project needs a closer look to ensure compliance o the local ordinance and the Guidelines.

Thank you in advance for thoughtfully considering our comments. Please contact me if you have any questions or seek further clarification in this matter. I may be reached by telephone at 4417419 or via email at Colin.A.Clark@maine.gov.

Sincerely,

Colin A. Clark Shoreland Zonng Pro gram Division of Land Resource Regulation Bureau of Land and Water Quality

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