Appeals Board:
Van Austin
Gary Cheimis
Kathy Houston
Stephanie Rushton
Kate Spardello
The powers and duties of local boards of appeal are
governed by the provisions of State statutes, local ordinances and, in some
cases, town or city charters. A board of
appeals cannot take any legally enforceable actions unless it has been formally
created and unless the action which the board wants to take is specifically or
implicitly authorized by a statute, ordinance, or charter provision.
Statutory Appeals Jurisdiction
There are four statutory provisions which give
jurisdiction to the appeals board over certain types of appeals.
Zoning Title 30-A § 4353 authorizes
the appeals board to hear and decide administrative appeals, interpretation
appeals, and requests for variances filed in connection with decisions made
under a zoning or shoreland zoning ordinance. That section also authorizes the
board to grant special exception or conditional use permits in strict
compliance with the ordinance, except where the planning board has been
authorized by ordinance to act; in that case, the board of appeals is
authorized to hear appeals from such decisions unless the ordinance requires
appeals to go directly to Superior Court.
Enforcement Decisions Title
30-A § 2691 authorizes an appeals board to hear and decide appeals from
enforcement decisions (i.e. notices of violation or enforcement orders) issued
by a code enforcement officer under a land use ordinance, unless a municipality
has expressly provided by charter or ordinance that certain decisions from its
CEO are only advisory and may not be appealed. The Maine Supreme Court has held
that a notice of “no violation” is also appealable, unless a municipality
expressly provides otherwise.
Special Amusement Permits Title
30-A § 2691(4) grants jurisdiction to appeals boards over appeals filed under
the State law relating to special amusement permits (28-A M.R.S.A. § 1054). A
special amusement permit is required from the municipal officers before any
licensed liquor establishment can offer “entertainment” as defined in that law.
Municipalities are required to have ordinances or regulations spelling out the
conditions which an applicant must meet in order to obtain such a permit.
