Board of Appeals Meeting Minutes April 13, 2007

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Board of Appeals Hearing / Workshop Meeting Minutes
April 13, 2007
Islesford Neighborhood House Library

Attendance:
Eve Harrison, B.O.A.
Ted Spurling, JR, B.O.A.
Evelyn Boxley, B.O.A.
Kate Chaplin, B.O.A.
Nanette Hadlock, Deputy Clerk

I. Call to Order: 8:45 A.M. by Eve Harrison

II. Appointment of Chairman
Evelyn Boxley nominates Kate Chaplin as Chairman of the Board of Appeals.
Kate Chaplin accepts the nomination.
Evelyn Boxley moves to appoint Kate Chaplin as Chairman of the Board of Appeals. Ted Spurling seconds the motion.
(3-0 in favor, with Kate Chaplin abstaining). Motion passes.

III. Appointment of Secretary
Eve Harrison nominates Evelyn Boxley as Secretary of the Board of Appeals.
Evelyn Boxley accepts the nomination.
Eve Harrison moves to appoint Evelyn Boxley as Secretary of the Board of Appeals. Kate Chaplin seconds the motion.
(3-0 in favor, with Evelyn Boxley abstaining). Motion passes.

IV. Review / Approval 11/29/06 Meeting Minutes
Tax Map 26, Lot 23 Mosswood Road, Islesford. Administrative appeal submitted by Arthur and Ann Fernald.
Eve Harrison moves to accept the minutes for 11/29/06 as written. Evelyn Boxley seconds the motion. (4-0 in favor). Motion passes.

V. Review / Approval 12/18/06 Meeting Minutes
Tax Map 10, Lot 26 Dog Point Road, GCI. Administrative appeal concerning a dock construction permit issued to Eve Harrison.
Ms. Harrison would like to include in the record that at this meeting she stated that the Whitney Appeal does not have standing. Chairman Kate Chaplin recommended that the Board of Appeals err on the side of caution and proceed with the hearing. Ms. Harrison also would like added to the record that “it is not her intention to trespass the centerline of the stream on the property. Her intention is not to trespass over the line.”
Evelyn Boxley moves to accept the minutes with the above clarifications for 12/18/06. Ted Spurling seconds the motion. (4-0 in favor). Motion passes.

VI. Review, and accept if possible, bylaws for conduct governing internal processes of Cranberry Isles Board of Appeals
Sample By-law Provisions were used as a guide for this process. The Sample By-law provisions used come from the Maine Municipal Association’s Board of Appeals Manual, Chapter 8, Appendices 2-3-7.

1. Meetings

a. The annual organizational meeting of the board shall be held within thirty (30) days following the annual town meeting. At this meeting, a Chairman, Vice Chairman and Secretary will be appointed.
b. Meetings of the Board will be called by the Chairman. Written notice of the time, place and business of the meeting shall be given each member of the board within forty-eight (48) hours of its initial scheduling. Written notice of the meeting will be given to the selectpeople, the planning board and the code enforcement officer within a timely fashion. Reasonable efforts will be made to ensure that all appeals board members can attend.
c. The Board of Appeals shall hold a public hearing on the appeal, after eighteen (18) days notice, within thirty (30) days of its receipt of an appeal request. (TCI Land Use Ordinance for the Shorelands, section VII, G, 3.) The Chairperson shall call a special meeting within ten (10) days of receipt of a request from any two members of the board, which request shall specify the matters to be considered at such special meeting.
d. The order of business at regular meetings of the board shall be as follows:
(a) roll call
(b) reading and approval of the minutes of the preceding meeting
(c) action on held cases
(d) public hearing (when scheduled)
(e) other business
(f) adjournment

e. All meetings of the board shall be open to the public, except executive
sessions. No votes may be taken by the board except in public meeting. The board shall not hold executive sessions except as permitted by the Right to Know Law.

2. Voting

a. A quorum shall consist of three (3) members of the board.
b. No hearing or meeting of the board shall be held, nor any action taken, in the absence of a quorum; however, those members present shall be entitled to request the chairperson to call a special meeting for a subsequent date.
c. All matters shall be decided by a show of hands vote. Decisions on any matter before the board shall require the affirmative vote of a majority of those members present and voting. (Note: If the ‘present and voting’ rule is chosen, the legislative body must adopt it as part of an ordinance.)
d. A tie vote or favorable vote by a lesser number than the required majority shall be considered a rejection of the application under consideration.
e. If a member has a conflict of interest, that member shall not be counted by the board in establishing the quorum for the matter in which he or she has a conflict.
f. The chairperson shall appoint an alternate member to act for a regular member who is: disqualified from voting, unable to attend the hearing, or absent from a substantial portion of the hearing due to late arrival. The alternate member will act for the regular member on each appeal heard by the alternate member until the case is decided.
g. No member shall vote on the determination of any matter requiring public hearing unless he or she has attended the public hearing thereon; however, where such a member has familiarized himself or herself with such matter by reading the record and listening to any audio recording of the meeting(s) from which the member was absent and represents on the record that he or she has done so, that member shall be qualified to vote on that matter.

3. Reconsideration

a. The board may reconsider any decision. The board must decide to reconsider any decision, notify all interested parties and make any change in its original decision within thirty (30) days of its prior decision. The board may conduct additional hearings and receive additional evidence and testimony.
b. Reconsideration should be for one of the following reasons:
(1) The record contains significant factual errors due to fraud or mistake regarding facts upon which the decision was based; or
(2) The board misinterpreted the ordinance, followed improper procedures, or acted beyond its jurisdiction.

Eve Harrison moves to accept the first reading of the proposed bylaws for the Board Appeals as written. Ted Spurling seconds the motion. (4-0 in favor) Motion passes.

VII. Appoint additional members to, and define responsibilities of an “Appeals Ordinance Committee”.
Suggestions for members of an ordinance writing committee for the Board of Appeals include the following: Evelyn Boxley, Eve Harrison, and Richard Beal if he accepts.
Eve Harrison moves to appoint Evelyn Boxley the Chairman of the Ordinance subcommittee. Kate Chaplin seconds the motion. (4-0 in favor) Motion passes.

VIII. Other Business
• Nan Hadlock will type up the suggestions for the first reading of the Appeals Board Bylaws and distribute to the Appeals Board Members.
• Title 30-A, §2691 of the Maine Statutes governs all boards of appeals established after September 23, 1971. A copy of this statute is available in the Maine Municipal Association’s Board of Appeals Manual, appendices, chapter 8, page 1-4-1.
• Drafts of Appeals Board Minutes will be forwarded to the Chairman and the Secretary of the Board for review before distribution.

IX. Adjournment: 10:55 A.M.
Kate Chaplin moves to adjourn the meeting. Eve Harrison seconds the motion. (4-0 in favor). Motion passes.

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