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Board approves seasonal dock at Nautical Way parcel after confirming parcel lacks rights to community dock
Summary
The Planning Board approved a ramp, pier and seasonal float for a Nautical Way parcel, concluding the proposed fixed pier does not extend beyond mean low water in navigable water and that the parcel no longer has deeded rights to use a subdivision community dock; the approval is conditional on standard permit requirements.
The Harpswell Planning Board on April 1 approved a seasonal dock for a property on Nautical Way after concluding the shore area where the applicant proposes a ramp and fixed pier does not constitute navigable water past mean low water and that the parcel does not currently hold rights to use an existing community dock associated with the recorded subdivision.
Applicant and site history
Gregory Smith, represented by Kelly Waddle of Fly Catcher LLC, asked the board to permit a ramp, pier and seasonal float. The board discussed site mapping and whether the fixed pier would extend beyond mean low water; staff and the applicant described a low‑tide sand bar that produces a pocket of water but does not create navigable water beyond the local mean low‑water line. The application included a recorded instrument showing a prior owner had relinquished rights to the subdivision common area and community dock roughly 27 years earlier.
Board findings and rationale
Planner Margaret McIntyre briefed the board on the subdivision history: at one point lot owners deeded away rights to the community area, and later lot lines were reorganized, leaving the Nautical Way parcel without practical access to the subdivision’s shared dock. The board interpreted the ordinance language — which bars new docks on recorded subdivision lots that have deeded rights to a community dock — to mean a lot without deeded access to the community dock is not automatically prohibited from seeking its own dock. The board also reviewed cross‑sections and concluded the proposed pier would not extend into navigable water beyond mean low water.
Decision and conditions
On that basis the board approved the seasonal dock application, incorporating the planner’s recommended conditions (including standard local and state permit requirements and the requirement that the seasonal float be stored off site when not in use). The motion passed on a voice vote with all members present voting in favor.
Ending
Board members and staff characterized the parcel’s situation as a unique by‑product of earlier deed instruments and lot‑line changes and reiterated that clearer ordinance language about subdivision dock rights would help avoid similar ambiguity in future applications.
