In Hartwell v. Town of Ogunquit, 2015 ME 51, the Maine Supreme Judicial Court reinforced the importance of strictly following local zoning ordinances—even in cases involving small-scale projects like a proposed lobster pound.

The Dispute:

Wayne Perkins sought to convert his garage into a lobster pound in Ogunquit. While selling live lobsters was a permitted retail use, questions arose when Perkins said he might cook lobsters for customers—prompting concerns from neighbors, James and Patricia Hartwell, that it crossed into prohibited “restaurant” use under the local ordinance.

The Planning Board approved the application without requiring all the design review materials mandated by the zoning ordinance—specifically, building elevations. After multiple court appeals and remands, the case made its way to Maine’s highest court.

The Ruling:

The Law Court affirmed that:

• Mandatory Ordinance Provisions Must Be Followed: Perkins failed to submit required building elevations for design review. The Court held that the Planning Board had no authority to ignore or waive those requirements, even if the project seemed minor or non-controversial.
• Site Plan Decision Must Be Based on Proper Findings: The Court vacated the approval of the site plan review because the Planning Board did not make any findings about the central issue—whether the project was a prohibited restaurant use. The case was sent back for further proceedings.

Why It Matters:

This decision is a reminder to municipalities, boards, and applicants that procedural shortcuts—even well-intentioned ones—can derail development projects. Zoning ordinances mean what they say, and courts will require full compliance unless a lawful waiver process is properly invoked.

If you’re preparing a land use application or facing neighborhood objections, make sure every requirement is checked off—or be prepared for a long road ahead.

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