WATERBORO — The approval of a campground expansion that includes two 90-foot docks for campers at Little Ossipee Pond has been upheld.

The town’s Zoning Board of Appeals last week voted to affirm the decision of the Planning Board that allows the expansion of Little Ossipee Lake Campground to move forward.

The decision had been appealed by Sunnyside Cottages LLC.

In January, the Planning Board approved 55 new RV sites at the campground. The town does not regulate docks, the Planning Board noted, and so did not address the addition of two, 90-foot docks in the proposal.

David Bozza, who owns the campground with his wife Maryellen, told the Planning Board that night he would remove five existing moorings on Little Ossipee Pond, just across Route 5. That means that with the two docks, the campground would have a total of 32 boat slips — 11 more spaces for boat parking than they have now, plus two for public use. 

James Cloutier, the attorney for Sunnyside Cottages LLC, said the Planning Board erred when it treated the docks as an accessory use, and not a marina, among other issues.

The ZBA determined. the docks meet the definition of an accessory use to the campground, and not a marina. The ZBA found that because the docks space — other than the two free public slips — are available only to campers, for a fee, and not to the general public, it is an accessory use to the campground. 

The ZBA noted changes to docks are not regulated under the town’s Shoreland Zoning Ordinance and not subject to set back requirements. Similarly, the Planning Board was not required to make findings as to the impact on water safety from the docks, or take any action as a result of any submerged land permit the state may require, for the same reasons.

The appellants had argued they were not properly noticed, but the municipality had certified letters showing they had attempted to notify them. As well, the ZBA noted the appellants took part the January Planning Board hearing.

The appellants said the Planning Board erred in their decision based on factual errors and other issues, including whether the campground had right, title and interest in the property across Route 5 from the campground where the docks would be located. The ZBA determined it had.

— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, ext. 327 or twells@journaltribune.com.