(Lamoine) — Members of Lamoine’s Planning Board have drafted
a new ordinance to coordinate all the other ordinances which allow appeals
to the Lamoine Board of Appeals. The measure received mixed reviews from
the Appeals Board in June.
Currently the rules are different in the many ordinances already on the
books in Lamoine. The Building & Land Use ordinance allows for administrative
appeals which greatly narrow the focus of the Appeals Board. Most of the
other ordinances require “de novo” appeals, which means the
Appeals Board has to hear the entire application all over again—essentially
acting as a second Planning Board.
The proposed ordinance would clarify that administrative appeals would
be allowed in most cases, except where a permit was not granted by the
Planning Board due to a tie vote. The Appeals Board debated what it’s
scope ought to be under an ordinance. Many feel the board should be a
true appeals board, hearing only evidence in a narrow scope of what’s
being appealed. At least one member, though, felt the board should be
open to applying all aspects of a permit, even if they are not the initially
identified subject of the appeal, and thus keeping the “de novo”
option open for all appeals. The ordinance has yet to be scheduled for
the Selectmen or Town Meeting.
|