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Ordinance change vote December 20
Lisa Kristoff
Staff Reporter
It was a swift and harmonious public hearing regarding the proposed amendment to the Boothbay zoning ordinance on Tuesday, November 27.
Boothbay selectmen Chuck Cunningham, Ross Edwards, Dan Harris and Steve Ham (Eric Hodgdon was absent) unanimously voted to approve the amendment to the new Boothbay zoning ordinance appeals section as presented for the town warrant.
Planning board members Estelle Appel, Svend Jorgenson and Nancy Cunningham were present to show their support. Jorgensen thanked Harris for creating the document.
Appeals board members Scott Adams and Steve Malcolm were also in attendance. Adams said that the appeals board continues to support the amendment as presented.
The warrant will go before Boothbay voters on Thursday, December 20 at 6 p.m. at the Boothbay Town Offices. This is an open special town meeting; the vote will be counted by a show of hands, not by ballots.
The amendment of Section 5.4.5.2.4 shall be amended as follows: after the title "Administrative Appeal" the phrase "a de novo review…shall issue a written statement of the reasons for the remand: shall be deleted and substituted with the following:
The board of appeals will examine the facts that were presented to the planning board or the code enforcement officer (CEO) as the case may be, and will determine if the planning board or CEO was correct in applying the zoning ordinance to those facts. The board of appeals will accept the presentation of facts, whether orally or in documentary form, from any person. They may accept presentation of such facts from any person who did not present facts in the proceedings of the planning board or the CEO, and they may examine other facts that had not been presented to the planning board or the CEO. The board of appeals will listen to parties and to their lawyers or other representatives that the parties may bring to the board of appeals. When the board of appeals has completed its work under paragraphs (1) and (2) above, the board of appeals will take one of the following actions: a. The board of appeals can decide that the planning board or CEO needs to consider more facts before making a valid decision, in which case the board of appeals will send the matter back to the planning board or CEO with instructions to consider these additional facts and then make a decision based on all of these facts; or
b. The board of appeals can decide that the planning board or CEO did not apply the zoning ordinance properly, or did not interpret the zoning ordinance properly, in which case the board of appeals can reverse or modify the decision of the planning board or CEO; or
c. The board of appeals can decide that the planning board or CEO was correct in its interpretation and application of the zoning ordinance, in which case the board of appeals can uphold the decision of the planning board or CEO.
If the board of appeals sends the matter back to the planning board or the CEO under paragraph (3) (a) above, then the planning board or CEO will hold another hearing or otherwise conduct further proceedings, at which time additional facts will be presented in accordance with the instructions from the board of appeals, and make a decision based on all the facts. The board of selectmen, appeals board and planning board will be composing a joint letter of agreement to appear in next week's Boothbay Register. | |
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