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July 7, 2020

Belgrade boat shop owner must pay town $20K for unpermitted business use

Photo / Maureen Milliken Brightside Wooden Boat Services, on Hulin Road in Belgrade Lakes, has agreed to pay the town of Belgrade $20,000 for unpermitted business activities.
By Staff

The owner of Brightside Wooden Boat Services has agreed to pay the town of Belgrade $20,000 as part of an agreement stemming from a three-year dispute over the nature of his business that went all the way to the state Supreme Judicial Court.

Shawn Grant, in an enforcement action concerning unpermitted commercial activities at 24 Hulin Road, on Mill Stream, agreed to pay $20,000 within 21 days of the agreement's July 2 acceptance by Kennebec County Superior Court. Mill Stream connects Great and Long ponds in Belgrade Lakes village, and Hulin Road runs alongside it.

Grant owns three lots on Hulin Road close to where the stream meets Great Pond. His home and the bulk of the business are at 21 Hulin Road, across the street from the water. In 2008 he got a home occupation permit from the town planning board for "cleaning, painting and varnishing boats" at the property.

The dispute centered mostly around 24 Hulin Road, which is on the bank of the stream. The 25,000-square-foot lot has 200 feet of shore frontage on the stream as well as a small house that he rents out. Grant installed docks at the property several years ago and expanded his boat repair business to mooring and renting boats.

After complaints in 2017 from neighbors about traffic both on narrow Hulin Road and in the stream, as well as issues with cars parking at 24 Hulin Road, the town told Grant he had to get a commercial permit for the marina. 

Photo / Maureen Milliken
24 Hulin Road, left, and 21 Hulin Road, right, are at the center of a dispute in Belgrade concering permitted business uses. The town argued, and the courts agreed, a marina at 24 Hulin Road, as well as other activites at 21 Hulin Road, were not allowed under the permit for Brightside Boat Services.

Grant applied for a seasonal dock and boat rental business at 24 Hulin Road under the town's Commercial Development Review Ordinance and the Shoreland Zoning Ordinance. The board denied the application, concluding that the property didn't meet the minimum lot standards.

In May 2018, Grant filed an appeal with the town zoning board of appeals, arguing that the Shoreland Zoning Ordinance was misinterpreted in his case. He also offered to remove the residence from the 24 Hulin Road, so the lot would have one principle use instead of two. The board held a "de novo" hearing — looking at the request anew from the perspective of any ordinance that may apply, but denied his appeal, again citing the lot size.

Grant then took the matter to Superior Court, which in February 2019 upheld the zoning board's decision. Grant appealed the Superior Court decision to the Maine Supreme Judicial Court, which denied the appeal in December. That action spurred the settlement, which was approved by the Belgrade Select Board June 16 and by Kennebec County Superior Court July 2.

Under the terms of the agreement, Grant will:

  • Pay the town $20,000 by July 23.
  • Not engage in any commercial activity at 24 Hulin Road, although docks may remain. Grant can let others use them, but can't charge for their use, or for activities that require using the the land at this property.
  • Apply for a permit for additional commercial uses at 21 Hulin Road that exceed the scope of the home occupation permit, which allowed boat cleaning, painting and varnishing. The court agreed that the business has evolved to include renting canoes, kayaks, paddle boards and boats; boat charter services; selling and brokering boat sales; and boat storage. The new permit application must be submitted and approved by the town within 90 days, or the additional commercial uses must cease.

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