Kittery Water District v. Town of York

NICHOLS, Justice.

The Town of York appeals from a judgment of the Superior Court (York County) sustaining the Kittery Water District’s Rule 80B appeal from the decision of the York Zoning Board of Appeals; that decision upheld a public recreational use condition imposed by the York Planning Board on the District’s permit to construct a reservoir in that town. The Superior Court found that even though under certain circumstances the Planning Board may, pursuant to the Mandatory Shoreland Zoning Law, 12 M.R.S.A. §§ 4811 et seq. (1981 & Supp.1984-1985) and the Town’s Shoreland Zoning Ordinance,…