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Planning

Contacts

Timothy C. Polky, Town Manager

Terry Brackett, Code Enforcement Officer

Scope of Services

Planning is responsible for ensuring compliance with State and local development laws, ordinances and the Town Charter. 

The staff works closely with the Planning Board on applications, permitting, appeals and the maintenance of our ordinances. If you have an appeal, it should be directed to the Town Manager.

 

Planning Board

 

Members Term Expires
Noah Bly 2017
Gary Minery 2018
Kate Hewlett 2017
Anne Cox, Chairperson 2019
Jane Brown 2018
Raymond Emerson, Alternate 2017
Paul Gill, Alternate 2017

 

Responsibilities

The Planning Board is responsible for reviewing and acting upon land use applications, not within the authority of the Code Enforcement Officer, pursuant to Town ordinances and federal and state regulations; such applications typically involve non-residential / commercial site plans, subdivisions, and certain shore land zone permits.  It is also the Planning Board's responsibility to draft and update Town ordinances consistent with the recommendations of the Town Comprehensive Plan. 

The Board consists of five voting members with staggered three-year terms appointed by the Select Board.  Two alternate members are appointed for one year terms.  The Board meets regularly on the second and fourth Tuesdays of each month and also conducts on-site public hearings on certain applications.  All Planning Board meetings and hearings are open to the public, and residents are encouraged to attend.

 


Board of Appeals

Members Term Expires
Richard Cohen
2019
Steve Miller, Chairperson 2017
Frederic Carey 2017
William S Reinhardt 2018
Mark Bartholomew 2018
Michael Jordan 2017
Vacancy, Alternate 2017
   

 

Responsibilities


The Board of Appeals hears administrative or variance appeal requests as governed by either an ordinance or the charter.


The Board of Appeals consists of five voting members with staggered three-year terms. Two alternate members are appointed for one year terms. Annually, the Board elects a chairperson and secretary from its membership.

Administrative Appeal

An administrative appeal may offer relief from the decision, or lack of decision, of the Code Enforcement Officer or Planning Board. One of the following reasons must apply:

  • An error was made in the denial of the permit
  • The denial of the permit was based on misinterpretation of the ordinance
  • There was a failure to approve or deny a permit within a reasonable period of time
  • Other – description provided by the appeal applicant

Variance Appeal

A variance appeal is a request to waive or reduce some requirement of the Town Charter or Ordinance. In order for a variance to be granted, the applicant must clearly describe the nature of the variance and demonstrate that the strict application of the terms of the Charter or Ordinance would cause undue hardship.

Please refer to the Board of Appeals Procedure Document for a detailed description of the process.

Note: The Procedures identified below will be converted to a file and posted as a document on the Board of Appeals Page.

Procedures

A. The chairman shall call meetings of the Board as required. The chairman shall also call meetings of the Board when requested to do so by a majority of the members or by the municipal officers. A quorum of the Board necessary to conduct an official Board meeting must consist of at least a majority of the Board's members. The chairman shall preside at all meetings of the Board and be the official spokesman of the Board.

B. The secretary shall maintain a permanent record of all Board meetings and all correspondence of the Board. The secretary is responsible for maintaining those records which are required as part of the various proceedings which may be brought before the Board. All records to be maintained or prepared by the secretary are public records. They shall be filed in the municipal clerk's office and may be inspected at reasonable times.

C. The Board may provide by regulation, which shall be recorded by the secretary, for any matter relating to the conduct of any hearing, provided that the chair may waive any regulation upon good cause shown.

D. The Board may receive any oral or documentary evidence but shall provide, as a matter of policy, for the exclusion of irrelevant, immaterial or unduly repetitious evidence. Every party has the right to present the party's case or defense by oral or documentary evidence, to submit rebuttal evidence and to conduct any cross-examination that is required for a full and true disclosure of the facts.

E. The transcript or tape recording of testimony, if such a transcript or tape recording has been prepared by the Board, and the exhibits, together with all papers and requests filed in the proceeding, constitute the public record. All decisions become a part of the record and must include a statement of findings and conclusions, as well as the reasons or basis for the findings and conclusions, upon all the material issues of fact, law or discretion presented and the appropriate order, relief or denial of relief. Notice of any decision must be mailed or hand delivered to the petitioner, the petitioner's representative or agent, the Planning Board, agency or office and the municipal officers within 7 days of the board's decision.

F. The Board may reconsider any decision reached under this section within 45 days of its prior decision. A request to the Board to reconsider a decision must be filed within 10 days of the decision that is to be reconsidered. A vote to reconsider and the action taken on that reconsideration must occur and be completed within 45 days of the date of the vote on the original decision. The Board may conduct additional hearings and receive additional evidence and testimony as provided in this subsection.

Notwithstanding paragraph G, appeal of a reconsidered decision must be made within 15 days after the decision on reconsideration.

G. Any party may take an appeal, within 45 days of the date of the vote on the original decision, to Superior Court from any order, relief or denial in accordance with the Maine Rules of Civil Procedure, Rule 80B. This time period may be extended by the court upon motion for good cause shown. The hearing before the Superior Court must be without a jury.

Jurisdiction - Any municipality establishing a Board of Appeals may give the Board the power to hear any appeal by any person, affected directly or indirectly, by any decision, order, regulation or failure to act of any officer, Board, agency or other body when an appeal is necessary, proper or required. No Board may assert jurisdiction over any matter unless the municipality has by charter or ordinance specified the precise subject matter that may be appealed to the Board and the official or officials whose action or non-action may be appealed to the board. Any Board of Appeals shall hear any appeal submitted to the board in accordance with Title 28-A, section 1054.

There is an application fee for an appeal or a variance and that fee is currently $150.00, which covers the cost of public notice.

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Applications & Forms

Visit the Applications page to view and print the following: 

  • Application for Building or Use Permit
  • Flood Hazard Development Permit
  • Subdivision Approval Application
  • Application for Variance or Appeal
  • Wharf Permit Application

Documents & Ordinances

Visit the Documents page to view the following:

  • Comprehensive Plan, 2007
  • Flood Plain Ordinance
  • Housing Conversion Ordinance
  • Minimum Lot Size Ordinance
  • Shoreland Zoning Ordinance
  • Site Plan Review Ordinance
  • Subdivision Ordinance
  • Wellhead Protection Ordinance

Related Information

Board of Appeals


Comprehensive Planning Committee


Conservation Committee


Planning Board Meeting Minutes

Board of Appeals Meeting Minutes

Websites of Interest

Maine Department of Environmental Protection - Shoreland Zoning Newsletter

US Army Corps of Engineers

 

 


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