Maine Law Court upholds North Haven approval of Nebo Lodge tear-down, rebuild of annex
NORTH HAVEN — On June 6, the Maine Supreme Judicial Court affirmed a decision of the North Haven Board of Appeals, which had itself, in 2014, upheld planning board permits granted to the Nebo Lodge to partially demolish and rebuild a larger structure on its property.
The Maine Supreme Court upheld the appeals board decision, saying the “BOA did not err in applying the ordinance, and its finding that the annex use would not have an adverse impact on the quiet possession of surrounding properties is supported by substantial evidence.”
Nor were the plaintiff’s due process rights violated, the court said.
“Because there is a dearth of evidence in the record that the BOA decision was the product of bias or procedural unfairness, we conclude that the decision did not violate Wolfram’s due process rights,” the court wrote.
The issue is grounded in the 2013 application by Nebo Lodge, Inc., and Nebo Real Estate, LLC for a North Haven land use permit to tear down a building on its property and rebuild it as an annex to house employees.
See attached PDF for the full Maine Supreme Court decision
Nebo Lodge describes itself as an island inn and restaurant. It has nine guest rooms and is open June 23 through Oct. 7, according to its website.
The inn said it wanted a changed of use to create two staff bedrooms, an office, and storage for food, bikes and trash, and a kitchen for processing and freezing food. Nebo Lodge also applied for a permit to demolish part of an existing building to accomplish its goals.
Steven Wolfram, a property owner across the street, opposed the 2013 planning board approvals. He was joined as plaintiff with the Mullins Development Trust. They appealed the permit approvals to the North Haven Board of Appeals.
Citing conflict of interest, four of those BOA members recused themselves from the process. The town appointed four other appeals board members and the hearing on Wolfram’s appeal took place in 2014.
When the BOA upheld the planning board permits, Wolfram then took the case to the Knox County Superior Court, “contending that the BOA erred in interpreting various provisions in North Haven’s Ordinance and that the permit review process violated his due process rights,” the Supreme Court case decision said.
After the Knox County court upheld the BOA decision, Wolfram and his attorneys appealed to the Maine Judicial Supreme Court.
The plaintiffs had argued that the annex exceeds the allowable expansion of a nonconforming structure pursuant to the North Haven land us ordinance, but the Supreme Court said: “Even strictly construed, the Ordinance clearly permits any nonconforming structure to be expanded by up to 33 percent of the ground area of the previous structure. Here, the annex expansion does not exceed 33 percent of the ground area of the structure that it replaced, the bungalow.”
The court also said: “The BOA did not err in applying the ordinance, and its finding that the annex use would not have an adverse impact on the quiet possession of surrounding properties is supported by substantial evidence.”
Matthew D. Manahan, Esq., and Catherine R. Connors, Esq. (orally), of Pierce Atwood LLP, Portland, represented appellants Steven Wolfram and the Mullins Development Trust
Paul L. Gibbons, Esq. (orally), of Camden, represented the Town of North Haven
Thomas B. Federle, Esq. (orally), Federle Law, LLC, Portland, represented Nebo Lodge, Inc., and Nebo Real Estate, LLC
Reach Editorial Director Lynda Clancy at 207-706-6657; lyndaclancy@penbaypilot.com
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