FARMINGDALE — A revised Board of Appeals Ordinance that will go before voters at the June 23 town meeting would require the five-member board to become familiar with all of the town’s ordinances, in addition to state law.
Mary Denison, attorney for the town, told residents at a public hearing Monday that an appeals board is required in towns that have zoning. The quasi-judicial board acts on appeals brought to them from residents regarding decisions determined by the code enforcement officer or planning board, or a request for variance by a landowner.
Now, the Board of Appeals meets only when there is an appeal or request for variance.
The Board of Selectmen and the Planning Board want the Board of Appeals to have more of a framework to follow when making decisions. The revised ordinance would require the board to meet more often so it can study the law and learn about cases elsewhere.
The board “has level-headed decisions to make and write within a period of time. It can go to Superior Court,” Denison said.
Any person aggrieved by an action that comes under the authority of the board must file an application for appeal, in writing, within 30 days of the granting or denial of a permit. The board is required to hold a public hearing on the matter within 35 days. Decisions by the board must be made no later than 30 days from the date of the final hearing, and must be sent to the applicant within seven days of the decision, Denison said.
“I think this is going to give people some clarity,” Denison said.
The Planning Board also talked about two other proposals that will go before voters.
Residents will be asked to vote on a revised ordinance that would update the portion of the land use ordinance that pertains to back lots. Now, a landowner is required to have 150 feet of frontage on his or her property. The ordinance would enable the landowner to give a 50-foot right of way to a relative or friend to whom they are selling a back lot, and still have a conforming lot. The revised ordinance requires a change of one sentence.
Another ordinance would allow residents to take advantage of low-interest energy loans to upgrade their homes through a program called Property Assessed Clean Energy program, known as PACE, offered through Efficiency Maine.
Dana Fisher, residential program manager for Efficiency Maine, told residents that municipalities can administer the program or Efficiency Maine will do it at no cost. He said most municipalities opt to have Efficiency Maine handle the paperwork.
Residents who qualify can borrow up to $15,000 for up to 15 years to make improvements so their homes are more efficient and less reliant on oil. The ordinance, he said, is a formality that enables Efficiency Maine to handle the applications.
Send questions/comments to the editors.
