Belgrade Marina is not eligible for additional permit, according to legal opinion

Shawn grant The lot may not be large enough to grant a shoreline zoning permit, leaving the Belgrade businessman’s attempt to comply with a consent order pending.

The town planning council discussed the answers provided in a note from City Attorney Michael Hodgins about Grant’s application for a shoreline zoning permit for his boat business. The Belgrade board unanimously approved the town planning council’s seeking legal advice to answer questions related to the permit at a meeting last week.

Shawn Grant on the docks on July 16, 2018, at Brightside Marine, the company he owns in Belgrade Lakes Village. File Andy Molloy / Kennebec Journal

“Because the combined lots in the waterfront always appear to be undersized, such commercial use would create an impermissible expansion of the non-conforming condition,” as determined by the settlement agreement, Hodgins wrote in the memo.

No action was taken at Thursday night’s planning board meeting, but the Maine Department of Environmental Protection issued a similar note with similar wording to Hodgins, Chairman of the Planning Council Peter Rushton noted.

Brightside Marine is a catering and boat rental company located at 21 Hulin Road, near the Belgrade Lakes Village. Opened by Grant in 2008 under a home occupancy permit, it changed his license from business to business as part of a consent agreement reached with the city in July 2020 after a lawsuit over the docks of Grant. Another element of the settlement agreement is obtaining a riparian zoning permit.

No construction is proposed in Grant’s application.

Some of the lots Grant owns are expected to be amalgamated in accordance with the shoreline zoning ordinance, Hodgins wrote, making the area less than 100,000 square feet, which is not large enough to comply with the shoreline ordinance. zoning.

Hodgins wrote that the company may continue with its residential occupancy permit in the coastal zone and consider commercial uses on other properties outside the coastal zone.

“However, approval of the Business Development Review Order was contingent on the existing site plan and approval of a shoreline zoning permit, so the Business Development Review Permit should be reviewed and amended as it is ineffective without the shoreline zoning permit, ”Hodgins wrote. “As the boat repair shop requires a larger footprint or more employees, Brightside would need to relocate or rebuild the boat repair shop entirely outside of the Shoreland area, assuming the remaining land can support this activity in accordance with existing ordinances. “

Shawn Grant’s wife Samantha asked if the side where the business is located could be separated as a different use under different permits.

“The problem is, I don’t know if there is 60,000 square feet of land area with the coastal zone, so you’ll have to literally move the commercial uses of the border by 250 feet,” Hodgins said.

Member of the Richard Baker Planning Council believes that the lot on the far side of the riparian zone is not large enough to be self-sufficient for a permit. The vote for a permit will come at a subsequent meeting of the planning board.

“I hope we can use this (memo) for similar cases in the future,” said George Seel, member of the Planning Council.

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