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
William R. Hickey, Chair
2014
Stephen Adams
2015
Kate Hewlett
2014
Raymond Emerson
2013
James Graf
2015
Charles Christensen, Alternate
2013
Vacancy, Alternate
2013
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
2013
Vacancy
2014
Frederic Carey
2014
George K. Rizkalla, Jr.
2015
James Westervelt
2015
Steve N Miller, Alternate
2013
Vacancy, Alternate
2013
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.
