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In re In re Belgrade Shores, Inc.

Citation: 7 ELR 20391
371 A.2d 413/(Me., 03/29/1977)

In a decision construing the Maine Site Location of Development Law, ELR 43027, the court denies an appeal against a decision of the Board of Environmental Protection approving, with conditions, an application concerning a proposed residential subdivision. The conditional approval required several modifications of the original plan regarding number of single-family houses on the lots, prohibition of private permanent docks, and common beach, docking, and parking areas. The court rejects appellants' argument that the Law does not contemplate Board approval of mere subdivision of unimproved land; the statutory language and legislative intent indicate no such restriction. Rather, the Board supervises location, not ongoing use. Furthermore, following the decision in In re Spring Valley Development, 3 ELR 20589 (Me. Sup. Jud. Ct. 1973), the Board may control future development by imposing specific responsibilities on the subdivider. Secondly, consistent with the flexible approach to site regulation mandated by the Law, the court upholds the Board's conditional approval rather than requiring that the application be denied outright. Finally, the court concludes that there was sufficient evidence in the developer's application to justify the Board's decision without a full hearing.

Counsel for Appellants
Robert E. Sandy, Jr.
Sandy & Sandy
105 Main St., Waterville ME 04901
(207) 872-7727

Counsel for Maine Department of Environmental Protection
Gregory W. Sample, Ass't Attorney General
State House, Augusta ME 04330
(207) 289-3661

Counsel for Applicant
Stephen Dubord, Alton C. Stevens
Marden, Dubord, Bernier & Chandler
44 Elm St., Waterville ME 04901
(207) 873-0186

Wernick, J. joined by Dufresne, C.J., Pomeroy, Archibald, Delahanty & Godfrey, JJ.