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Board of Zoning Appeals
Members: Chair Richard Bayer, Willie Audet, Stan Given, Dennis Keeler, Jay Meyer, Jim Thibodeau and Jonathan Berry.
Summary
The Board conducted 12 regular meetings, addressing a total of 60 applications and appeals. The majority of those matters were applications for approval of conditional uses; there were also some appeals and variance applications.
Significant Accomplishments
- The Board conducted 12 regular meetings.
- The Board addressed a total of 60 matters, comprised of the following proceedings under Falmouth’s Zoning and Site Plan Review Ordinance (the “Ordinance”):
- Conditional Use Applications
- Home Occupation, Ordinance § 5.21: 2 (1 approved, 1 withdrawn).
- Accessory Dwelling, Ordinance § 5.22: 7 (6 approved, 1 tabled).
- Extension or Enlargement of Single Family Dwelling, Ordinance § 6.2: 26 (25 approved, 1 tabled).
- Tear Down and Reconstruction of Dwelling, Ordinance § 6.9: 7 (6 approved, 1 denied).
- Tear Down and Reconstruction of Nonconforming Accessory Structure, Ordinance § 6.10: 1 (1 approved).
- Miscellaneous Conditional Use, Ordinance § 8.3: 6 (4 approved, 1 withdrawn, 1 no action).
- Appeals; Requests for Reconsideration
- From Code Enforcement Officer, Ordinance § 8.2: 4 (3 denied, 1 granted).
- Mislocated Single Family Dwelling, Ordinance § 8.2.1: 3 (3 approved).
- Requests for Reconsideration, 30-A M.R.S.A. § 2691(3)(F): 2 (2 denied).
- Setback for Single Family Dwelling, Ordinance § 8.5: 1 (1 denied).
- Other, Ordinance § 8.4: 2 (2 denied).
- At a special conference in November, 2009, the Board received counsel from William Plouffe, Esq. regarding applicable law and best practices.
- The Board had a quorum at all scheduled meetings in 2009.
- Jonathan Berry joined the Board as an associate member.
- Richard Bayer, former Chair, departed the Board.
Summary of Duties
- The Board is constituted pursuant to Section 8 of the Ordinance and 30-A M.R.S.A. § 4353.
- The majority of matters heard by the Board are applications for conditional uses pursuant to Sections 6 (nonconforming structures, uses and lots) and 8.3 of the Ordinance.
- The Board also hears applications for variances. Ordinance §§ 8.4-.6.
- The Board also hears appeals from decisions of the Code Enforcement Officer, and appeals where a single family dwelling is mislocated and violates setbacks. Ordinance §§ 8.2, 8.2.1.
- The Board consists of five members and one or two associate members (who act if members are unable), all serving three year terms. Ordinance § 8.1(a).
- The Board was fully staffed with five members and two associate members for all meetings in 2009.
- The Board receives, relies upon and appreciates extensive assistance provided by the Town’s Code Enforcement Office, including Al Farris, Chief Code Enforcement Officer, and Patrice Perreault, Code Enforcement Administrative Assistant.
Work Plan; Goals
- The Board will continue to meet on the fourth Tuesday of every month (normally excepting December), with additional meetings if necessary to address unusually heavy volumes.
- The Board welcomes the opportunity to work with the Town Council by commenting upon possible improvements or amendments to the Ordinance. For example, in 2009 the Board responded to a Council inquiry by commenting upon “practical difficulty” variance ordinances which towns may adopt pursuant to 30-A M.R.S.A. § 4353(4-C).
Budget Request
- The Board’s members and associate members are volunteers, but some elect to receive an available payment (currently $40) per meeting attended. Sufficient funding should be allocated for these payments.
- The Board meets in space at Town Hall. Its meetings are recorded (normally both audio and video). Its meetings are normally attended by the Code Enforcement Officer and Code Enforcement Office Administrative Assistant who assist the Board, prepare meeting minutes and provide other administrative support. It is assumed that these staff and operational expenses are included in other departmental budget requests.
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