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Coastal Maine Botanical Gardens can proceed with its $30 million expansion thanks to a federal ruling earlier this week. A judge approved a consent agreement that settles two lawsuits filed against Boothbay over a Nov. 9, 2017 board of appeals decision halting the project that already was underway.
The Bangor Daily News reported that U.S. District Court Judge Jon D. Levy signed the decree on Tuesday, nearly three weeks after hearing arguments by attorneys for the Coastal Maine Botanical Gardens, the town of Boothbay and an abutter named as an intervenor in the lawsuits.
Under the consent decree, which was approved by Boothbay selectmen on March 28, Coastal Maine Botanical Gardens may now complete all construction as initially approved by the Boothbay Planning Board. The November 2017 decision by the Boothbay Board of Appeals to overturn that building permit is now vacated. The botanical gardens dismissed its claims against the town as part of the settlement, with prejudice, meaning they cannot be filed again.
BDN reported that the town has agreed that the botanical gardens will be treated as “substantially similar to and compatible with an educational facility,” which had been opposed by the Anthony family and other abutters.
Under the decree, Coastal Maine Botanical Gardens will place a permanent conservation easement on 75 acres of its land within the watershed of Knickerbocker Lake, which neighbors had argued was too fragile and could not withstand further deterioration.
The Boothbay Register reported that Boothbay and the botanical gardens presented arguments for the proposed settlement at the April 5 court hearing, while the Anthony’s family lawyer argued against it.
The newspaper reported that in the March 28 vote approving the consent decree, Boothbay Selectmen Chuck Cunningham, Steve Lewis, Dale Harmon and Mike Tomacelli supported the agreement, while Selectman Kristina Ford voted against it.
Read more
Coastal Maine Botanical Gardens plots multimillion-dollar expansion
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Botanical Gardens pursues lawsuit over rescinded $30M expansion permit
Boothbay weighs settlement in Coastal Maine Botanical Gardens legal dispute
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:
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Learn moreThe Giving Guide helps nonprofits have the opportunity to showcase and differentiate their organizations so that businesses better understand how they can contribute to a nonprofit’s mission and work.
Work for ME is a workforce development tool to help Maine’s employers target Maine’s emerging workforce. Work for ME highlights each industry, its impact on Maine’s economy, the jobs available to entry-level workers, the training and education needed to get a career started.
Few people are adequately prepared for all the tasks involved in planning and providing care for aging family members. SeniorSmart provides an essential road map for navigating the process. This resource guide explores the myriad of care options and offers essential information on topics ranging from self-care to legal and financial preparedness.
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