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Boothbay weighs settlement in Coastal Maine Botanical Gardens legal dispute

An architect's rendering shows what the entry way to the new visitor center at Coastal Maine Botanical Gardens in Boothbay would look like when completed. Designed by Steven Blatt Architects of Portland, this two- and three-story shingled building will provide three times the square footage of the current single-story visitor center. COURTESY / COASTAL MAINE BOTANICAL GARDENS
By Staff

A settlement that would allow the Coastal Maine Botanical Gardens, which had 190,000 visitors last year, to proceed with a $30 million expansion faces a public hearing and possible action tonight by the Boothbay Board of Selectmen. 

The project, which had been initially approved by the Boothbay Planning Board in December 2016 and April 2017, has been stalled since last fall when the town’s Board of Appeals voted on Nov. 9 to rescind CMBG’s permit, based on wording in its applications describing it as a “museum,” which is a use not permitted in the watershed, rather than an educational facility. The board’s 3-2 decision favored an appeal by CMBG abutters, who said the $30 million expansion would further degrade the water quality of nearby Knickerbocker Lake, which supplies drinking water to the Boothbay region.

But it also came months after construction had started on the CMBG’s multi-year expansion, which includes a new visitor center and gift shop, a restaurant in the existing visitor center, a 16,000-square-foot horticulture research and production facility, a nearly six-story conservatory, expanded parking, formal gardens and trails. CMBG promptly filed lawsuits in both the Lincoln County Superior Court and in U.S. District Court seeking to overturn the Boothbay Appeals Board decision, according to news reports at that time.

Details of the proposed settlement

An architect's rendering shows what the new year-round glass conservatory and gardens when completed in 2019-2020. COURTESY / COASTAL MAINE BOTANICAL GARDENS

The Bangor Daily News reported that if the proposed settlement is approved, CMBG would dismiss its lawsuit in Lincoln County Superior Court with prejudice.

CMBG also states in the settlement that’s been proposed as part of its federal lawsuit:

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  • It would place 75 acres within the watershed zone into a conservation easement
  • It would not build any additional structures east of the Knickerbocker Lake watershed line.

The proposed settlement also would vacate the November 2017 Board of Appeals decision overturning the building permit granted to the botanical gardens for the expansion, and would allow CMBG to complete all construction initially approved by the town’s planning board in 2016 and 2017.

Boothbay selectmen are scheduled to hold a public hearing tonight and possibly take action after the hearing on the proposed settlement, the BDN reported.

Read more

Judge rules Coastal Maine Botanical Gardens can proceed with expansion

About the expansion

Since its opening in 2007, Coastal Maine Botanical Gardens has become one of the largest public gardens in the country, ranking among the top 10%. Phase 1 of its original master plan — which was completed in 2011 and included original buildings, infrastructure, gardens, parking and restrooms — was based on a predicted attendance of 40,000 annual visitors.

In fact, CMBG surpassed 40,000 in its second year of operation and in 2017 its attendance surpassed 190,000, including visitors from 63 countries and all 50 states.

Between 2007 and 2017, its staff grew from 10 full-time and 12 part-time employees to 52 full-time and 50 part-time employees.

CMBG’s multi-year $30 million expansion has four primary goals, according to the nonprofit’s website: 

  • To build capacity to enable the botanical gardens to properly serve current and future guests.
  • To foster year-round visitation.
  • To strengthen programming in the botanical garden’s key mission areas of horticulture, education, and research.
  • To continue to be a model for best practices surrounding fiscal and environmental sustainability.
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