(As quoted from Letter to Town sent by Maine Department of Environmental Protection [DEP], January 13, 2022)

LESS asphalt, more green

Developer proposed new construction, pavers, new asphalt parking lot, at least 4 buildings, lots of concrete: 62% of the property IMPERVIOUS

SIMPLE: 80% green space is the answer - CLICK HERE FOR DETAILS

Links to critical documents are available below. This site publishes information that the media doesn’t have the resources to report. See the documents, decide for yourself.

COURT ORDER - Consolidated Order on Pending Motions

UPDATE - Developer sues Town to overturn Board of Appeals decision that pulled its permit.

LETTER - Recent Letter to Attonrey General & Governor

INFOGRAPHIC - CDC Splash Pad Info

VIDEO - Town Urged to Help Park Reach Compliance

LETTER - City Informs Eastside Park of Lack of Permits.

VIDEO - Planning Board Admits Illegalities

ORDER OF REMAND - Board of Appeals remands shore land zoning approval back to the Planning Board to address DEP concerns.

LETTER - Ransom Engineering Report.

NOTICE OF VIOLATION - Issued to Boothbay Waterfront Park

LETTER - Open Memo Regarding BHWP Status.

LETTER - Town Response to BHWP.

LETTER - To Geoff Smith.

LETTER - BHWP to Smith.

LETTER - Maine DEP reprimands Town. In January of ‘22, the Department of Environmental Protection wrote that plans submitted by BBHWP do not comply with shoreland zoning regulations.

PRESS RELEASE - To Maine media outlets. Sent on May 26, 2022 to local reporters and editors. “The entire BBHWP development sits within the shoreland zone, and the website publishers are concerned about contaminated graywater and runoff into the harbor.”

LETTER - List of mistakes. In March of ‘22, the Town of Boothbay Harbor received a copy of a memo entitled, “Summary of Procedural and Substantive Violations by Boothbay Harbor Waterfront Preservation and the Town of Boothbay Harbor,” detailing missteps by the Town and developer including notice failures, building permit violations, and noncompliance with shoreland zoning standards.

LETTER - Warning about lax regulation. Attorney warns Town of Boothbay Harbor about the dangers of an unrigorous review and regulatory process. “(No) development - no matter how wanted - is worth cutting corners for.”

LETTER - To town officials. Oct.. '21, the Town receives notice of an appeal that cites the Town’s failure to notify abutter of BBHWP’s application, incomplete findings by the Planning Board, and failure to meet applicable ordinances.

DOCUMENT - Submerged lands. This is a February ‘20 amendment to a Submerged Land Lease that BWHP signed with the State of Maine. BBHWP has informed the IRS that part of its mission is to “protect working waterfront.”

DRONE PHOTO - Built without permission. BHWP asked regulatory officials to build one thing, then constructed something bigger in a different place.

DOCUMENTS - Publicly available tax forms. 2020 tax forms submitted to the IRS by BBHWP. The group raised 64% less money in 2020 than it did in 2019.

DOCUMENT - 4 page excerpt from IRS Form 990. BBHWP filed for tax year 2019. It sent $40,000 to a Boston fundraising company. BBHWP claims it is, “An organization that normally receives more than 33 1/3% of its support from contributions, membership fees, and gross receipts from activities related to its exempt functions,” and “no more than 33 1/3% of its support from gross investment income and unrelated business taxable income from businesses…”

DOCUMENTS - Revised application, Natural Resources Protection Act. Application to Maine DEP for Natural Resources Protection Act approval, includes information about 3 buried tanks for contaminated water and release into harbor.

LETTER - To town officials. An attorney outlined the project’s non-compliance with shoreland zoning. The Boothbay Harbor Planning Board received this letter in November of ‘21.

LETTER - Announcing Administrative Appeal. In October of ‘21 the Town received a letter alleging violations of shoreland zoning laws and officially announcing an appeal to Board of Appeals of a recent approval for this non-compliant project.


LETTER - New pier necessary. BBHWP has a complete engineering study in hand, and a $1.2 million cost estimate for this critical safety work. When will they finally inform town officials?

REGULATORY DECISION - Order of Remand. January 18, ‘22, Board of Appeals remands the shoreland zoning approval back to the Planning Board, finding that the Planning Board needed to consider whether the proposed parking was permissible in light of concerns raised by Maine DEP regarding compliance with shoreland zoning. The remand also requires the Planning Board to determine whether necessary reviews have been conducted by other agencies. The Planning Board has not yet taken the matter back up following the remand because BBHWP states that it is revising its plans.

DOCUMENTS - Pre-application. Submitted by BHWP Apr. 8, ‘20.

MINUTES - Planning Board, Nov. 10, '21. BBHWP requests another revision to its plans. Various issues were discussed, and tabled for further discussion.

MINUTES - Planning Board, Sep. 8, '21. BBHWP wanted to amend its plan. Among the discussion points was the plan to discharge contaminated water from a splashpad “into the bay.” The Board approved the requested revision.

MINUTES - Planning Board, Oct. 14, '20. Five different uses identified, presumably some of them commercial businesses.

MINUTES - Planning Board, Jun. 10, '20. Ample discussion of the project including stormwater management & phosphorous control to protect the harbor. A member suggests that DEP expertise on shoreland zoning consists of “opinions,” and Planning Board will judge compliance.

MINUTES - Planning Board, Apr.8, 20. Boaters getting groceries is mentioned, as well as stormwater runoff into the harbor. Also dwelling units on the premises, apparently for rent.