A long agenda filled with controversial items resulted in a large attendance for Boothbay selectmen’s Feb. 26 meeting. Twenty-seven residents filled the town office’s conference room for public hearings on a proposed rewrite of municipal ordinances, proposed town meeting warrant articles, non-profit organizations seeking municipal funding and the bi-monthly board meeting. This was the second of multiple planned public hearings on the updated municipal ordinances. On Feb. 12, Selectman Kristina Ford requested a summary letter detailing a “user friendly” version of the planning board’s proposal. 

Consultant Mark Eyerman crafted the 2.25-page summary which Ford praised Feb. 26  prior to the hearing. “The two-page summary was exactly what I was looking for and in fact, I thought it was perfect,” Ford said. But the second public hearing spent most of the time on a proposed amendment not in the current version. Coastal Maine Botanical Gardens proposed a change in the Watershed Protection Overlay District. CMBG sent the planning board a proposal earlier this month which would allow botanical gardens as an approved use in the district. The proposal resulted in written responses from Boothbay Region Water District and the Anthony family,  who own a farmhouse bordering CMBG, to the planning board.

Resource Protection Manager Sue Mello sent an e-mail to the planning board on the water district’s behalf. In her email, she recommended a further revision. “Once botanical garden was defined, it was included in the use table, but not specifically included as within the Watershed Protection Overlay. We recommend this omission be corrected, and the use of botanical garden added.” Bernstein Shur lawyer Mary Costigan responded on behalf of CMBG supporting the water district’s amended language. 

A third letter was sent by Jason Anthony whose family sued Boothbay and CMBG in 2018 claiming the expansion violated municipal ordinances. Two court cases were resolved in a consent agreement permitting CMBG to complete its expansion project. 

Anthony described CMBG’s proposal as allowing for future WPO expansion because a new ordinance described botanical gardens as an authorized use. “What is the upside for us in making this change,” Anthony asked. “I can see them in 10-15 years coming back as a way of getting around the consent decree.”

Selectmen Steve Lewis and Desiree Scorcia predicted any attempt to skirt the consent decree would likely lose in a court challenge. And Lewis added, “I think you are splitting hairs. I don’t see where this might happen.” The planning board has received all public comments either made during the hearing, mailed or emailed. CMBG’s proposed amendment is currently not included in the updated proposed municipal ordinances changes. 

An East Boothbay resident also proposed another ordinance. Jean Reece Gibson has been a frequent participant in the planning board workshops in rewriting the municipal ordinances. She is proposing an ordinance based on one supported by Maine Department of Environmental Protection, Maine State Planning Office and Androscoggin Council of Governments. Under her proposal, applicants would be required to list hazardous materials stored on their premises. The listing would make it easier for landowners to test their wells for hazardous substances. 

A third ordinance review public hearing is scheduled for 7 p.m. March 11 in the municipal building’s conference room.