| (Lamoine) — After granting numerous delay requests from attorneys
representing both sides, the Board of Appeals will start to hear testimony
in the case filed against the Seal Point Lobster Pound. There are two
appeals pending, one on a Shoreland Zoning Permit issued by the Planning
Board, the other on a Site Plan Review Permit, also issued by the Planning
Board.
At a preliminary hearing in June, the Board set up the format in which
it would hear the testimony. Things will start with a site visit on Saturday,
August 21, 2004 at 8:00 AM to the Lobster Pound. The actual hearings will
start on Sunday, August 22, 2004 at Noon. The Board agreed to the unusual
Sunday session as the owners of the Lobster Pound run a restaurant that
is open Monday through Saturday during the busy summer months.
Neighbors of the pound filed suit after the Planning Board issued the
permits for expansion of the parking area in 2003. During the permitting
process it was discovered that the pound complex covered more of the lot
than permitted by ordinance. The expansion of the parking lot and construction
of a residence were to be offset by re-vegetation of other parts of the
lot to restore the coverage percentage to the level prior to expansion.
The appellants complained that the permits constituted a change of use
of the lobster pound, and cited increased truck traffic to and from the
facility as evidence that it has gone from a commercial use to an industrial
use.
The Appeals Board, under ordinance, must hear the entire case “de
novo” or in its entirety, instead of a limited hearing on just the
areas of appeal. It’s expected that the hearings will last beyond
the August 22nd session, with the Appeals Board deciding the matter at
a future date.
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