Jurisdiction; Powers; Duties; Appeals
The Board shall have jurisdiction to hear and decide appeals from any decision, action or failure to act by the following officials and in the following matters only:
a. By the code Enforcement Officer or Planning Board, in the administration of the Shoreland Zoning Ordinance;
b. By the Planning Board in the administration of the Subdivision Ordinance or Regulations and 30-A M.R.S.A. Section § 841 (property tax abatements)
c. By the Code Enforcement Officer or Planning Board, in the administration of Flood plain Ordinance
d. By the code enforcement Officer or Planning Board, in the administration of Building Code Ordinance
e. By the municipal officers in the administration of 36 M.R.S.A. § 841 (property tax abatements)
The Appeals Board may exercise jurisdiction only upon receipt of a written appeal from a person aggrieved, filed within 30 days (or 60 days for property tax abatement appeals) after the action complained of, stating the relief sought and the grounds therefore. The Board of Appeals authority does not include appeals from enforcement decisions made by the Code Enforcement Officer and Board shall have no authority to act in any other matter except as expressly provided by ordinance or statute.
The Board will have the power to hear and decide administrative appeals on an appellate basis, where it is alleged by an aggrieved party that there is an error in an order, requirement, decision or determination made by, or failure to act by, the Planning Board in the administration of the Ordinance, except for a decision of the Planning Board relative to a subdivision application, which shall be appealed directly to Superior Court; and to hear and decide administrative appeals, on a de novo basis, where it is alleged that there is an error in any order, requirement, decision or determination made by, or failure to act by, the Code Enforcement Office in his or her review of action on a permit application under the ordinance.
When acting in an appellate capacity the Board of Appeals may reverse the decision of the Planning Board only upon finding that the decision was contrary to specific provisions of the Ordinance or contrary to the facts presented to the Planning Board. The Board of Appeals may remand the matter to the Planning Board for further consideration. When acting in a de novo capacity, the Board of Appeals shall hear and decide that matter afresh, undertaking its own independent analysis of the evidence and the law, and reaching its own decision.
For all matters before the Board of Appeals, the person filing the appeal or request shall have the burden of proof.