Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Coastal Maine Botanical Gardens v. Town of Boothbay

United States District Court, D. Maine

April 24, 2018

COASTAL MAINE BOTANICAL GARDENS, Plaintiff,
v.
TOWN OF BOOTHBAY, MAINE, Defendant and VAUGHN C. ANTHONY, JOANNE A. ANTHONY, KEVIN ANTHONY and JASON C. ANTHONY, Intervenors.

          CONSENT DECREE

          JON D. LEVY, U.S. DISTRICT JUDGE

         Upon the consent of Coastal Maine Botanical Gardens (“CMBG”) and the Town of Boothbay (the “Town”) (collectively the “Parties”), the Parties stipulate they knowingly and willingly agree to the entry of this Consent Decree by the Court without any further notice to resolve CMBG's claims against the Town as follows:

         1. Parties. The following are the parties to this Consent Decree and their counsel of record:

Party Counsel
Plaintiff: George F. Burns, Esq.
Coastal Maine Botanical Gardens Bernstein Shur 100 Middle Street; West Tower; 6th Floor PO Box 9729 Portland, ME 04104-5029 207-774-1200
Party Counsel
Defendant: Sally J. Daggett, Esq.
Town of Boothbay, Maine Jensen Baird Gardner & Henry 10 Free Street PO Box 4510 Portland, ME 04112-4510 207-775-7271

         The Town, acting by and through its duly authorized Board of Selectmen, conducted a public hearing on the terms and conditions set forth in this Consent Decree on March 28, 2018, and at the close of the public hearing, voted to authorize the resolution of CMBG's claims as set forth herein.

         2. Current Construction. CMBG is allowed to complete all construction pursuant to the Development Permit approved by the Boothbay Planning Board on December 15, 2016 and as amended April 19, 2017 and all associated building permits and, thereafter, to use all structures and facilities on its current property (the “Property”) in compliance with all applicable laws, ordinances, regulations, licenses, permits and approvals. That portion of the November 9, 2017 Board of Appeals decision concluding that CMBG's use is not an allowed use within the Watershed Overlay Zone is vacated. Nothing herein is meant to bar the Intervenors from litigating their pending Rule 80B appeal in state court, Vaughn C. Anthony, et als. v. Town of Boothbay, et al., Docket No. WISSC-AP-2018-02. Any further development beyond the December 15, 2016 Planning Board approval, as amended, will need to comply with then existing law. Parking lots within the Watershed Overlay Zone shall be monitored for stormwater quality in accordance with the monitoring plan as set forth in Paragraph 6 below.

         3. CMBG Operation. So long as CMBG continues to operate as it has, as a botanical garden, at the Property, the Town agrees that CMBG's use of the Property in the General Residential Zone and the Watershed Overlay Zone is to be treated as substantially similar to and compatible with an educational facility (and thus allowed with Planning Board review and approval) for development permit application purposes; provided, however, that future development of the Property shall be subject to the limitations set forth in Paragraph 4.

         4. Future Construction. CMBG shall not seek to construct or in fact construct any additional structures or facilities east of the 2016 Watershed Line shown on Exhibit A attached hereto, except for those structures that are depicted on Exhibit A as being located east of the 2016 Watershed Line; provided, however, that CMBG may seek to and in fact construct pedestrian trails and walkways in accordance with any limitations set forth in any applicable conservation easements and subject to first obtaining all necessary permits and approvals. The Parties understand that all structures depicted on Exhibit A east of the 2016 Watershed Line have been approved by the Maine Department of Environmental Protection pursuant to Site Location of Development Act/Natural Resources Protection Act Permit #L-21490-26-E-B/L-21490-TE-F-M.

         5. Conservation Easement. CMBG shall place a permanent conservation easement on approximately 75 acres of CMBG's land within the Watershed Overlay Zone (the “Conservation Easement”), as depicted in green on Exhibit B attached hereto. CMBG shall work with a qualified person or entity to serve as the Conservation Easement holder and to negotiate the terms of and to finalize and record the Conservation Easement at the Lincoln County Registry of Deeds. The Conservation Easement shall grant the Town third-party enforcement rights. Failure of Town Meeting to accept ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.