PURPOSE

  1. To provide an applicant a way to petition the Town to rectify a failure to act, denial of a permit, decision made, or enforcement action taken by the [PERMITTING AUTHORITY] or Planning [BOARD / COMMISSION] when an alleged error or misinterpretation has been made in the enforcement or application of the standards of this Code.

APPLICABILITY

  1. Any aggrieved party may appeal an interpretation, order, requirement, direction, or failure to act by a [PERMITTING AUTHORITY] within 30 days of such action or failure to act.
  2. An appeal of a Variance constitutes a judicial appeal.
  3. An appeal of written interpretations, development plans, special permits, plan revisions constitute an administrative appeal.

AUTHORITY

  1. The Board of Appeals holds a “de novo” hearing to review and decide appeals of decisions of the [PERMITTING AUTHORITY] as applicable in this Code.
  2. The Board of Appeals holds an appellate hearing to review and decides appeals of decisions of the Planning [BOARD / COMMISSION] as applicable in this Code.

PROCEDURE

  1. Within 30 days of an action or failure to act, any aggrieved party may file an appeal with the Appellate Authority.
  2. Within 30 days of receiving an appeal, the Appellate Authority must review the application and hold a public hearing.
  3. Within 45 days after the closing of the public hearing, the Appellate Authority must make a decision to uphold or reverse the decision of the [PERMITTING AUTHORITY], and file said decision with the Town Clerk.

RECONSIDERATION

  1. In accordance with MRSA Title 30 Section 2691, an applicant may file a request to the Board of Appeals to reconsider its decision within 10 days of the decision.
  2. The Board of Appeals will hold a public hearing, and vote to reconsider its decision.
  3. If a majority of Board members who originally voted on the decision vote to reconsider, the Board of Appeals may conduct additional hearings, and receive additional evidence and testimony before taking action.
  4. If the Board of Appeals reconsiders its original decision, the Board must conclude its deliberations and vote within 45 days of the original decision.
  5. Decisions of the Planning [BOARD / COMMISSION] may not be reconsidered.