The Historic Preservation Commission shall hold meetings at
the call of the Chair or at the call of any three members, provided
that public notice shall be given as provided for elections. In the
event of emergency meetings, local representatives of the media shall
be notified. Notification shall include the time, date and location
of the meeting.
All meetings of the Historic Preservation Commission shall be
open to the public, except for executive sessions held under the Maine
Freedom of Access Act, 1 M.R.S.A. § 405, as the same may
be amended or replaced.
Prior to issuance of a certificate of appropriateness or certificate
of demolition, the Historic Preservation Commission shall notify the
applicant of consideration of his or her application.
No final action shall be taken by the Historic Preservation
Commission which could in any manner deprive or restrict the owner
of a property in its use, alteration, maintenance, disposition or
demolition until such owner either has knowledge of the proceeding
or is sent a notice by certified mail, return receipt requested, offering
an opportunity to be heard.
If the application is judged complete by the Historic Preservation
Commission, the Commission shall:
A. Vote on the application; or
B. Postpone action on the application for no more than 35 days; or
C. Schedule a public hearing within 35 days thereof unless the applicant
agrees in writing to a later date.
A quorum shall consist of three voting members.
No member of the Historic Preservation Commission shall participate
in the hearing or disposition of any matter in which he or she has
a direct or indirect pecuniary interest, or any interest that would
create the appearance of a conflict of interest.
Certificates must be approved by majority vote. A tie vote shall
result in denial of the application.
The Historic Preservation Commission, in its discretion, and
with the owner's consent, shall view the premises and obtain additional
facts concerning the application before arriving at a decision.
At the request of the applicant, or where the Historic Preservation
Commission deems it necessary, a public hearing shall be scheduled
and the following procedures shall be followed:
A. Notice of the hearing shall be mailed to the Code Enforcement Officer,
the Planning Board, the applicant, the owner of the property if different
from the applicant, owners of property within 100 feet of the boundaries
of the historic site, landmark or structure, and any consultants and
professional advisors of the Historic Preservation Commission.
B. The time, date and place of the hearing shall be published in a newspaper
of general circulation at least 10 days prior to the hearing.
C. The hearing shall be continued only for good cause shown.
D. The Historic Preservation Commission shall act on the application
within 20 days of the hearing date, unless the applicant shall agree,
in writing, to an extension.
E. Failure to render a decision within the specified time shall be deemed
to constitute disapproval by the Historic Preservation Commission.
If the application is approved or deemed approved by the Historic
Preservation Commission, the Commission shall issue a certificate
signed by the members, which may include any changes, conditions,
or stipulations necessary to fulfill the intent of this chapter. The
approval shall include sufficient written or graphic material to be
strictly enforceable. The decision shall be dated and forwarded to
the Code Enforcement Officer for issuance of any necessary permits.
If the Historic Preservation Commission determines that a certificate
of appropriateness or demolition should not be issued, it shall place
upon the record the reasons for denial. The Historic Preservation
Commission shall notify the applicant of such determination, furnishing
him or her with an attested copy of the reasons for denial, as appearing
in the records of the Historic Preservation Commission. A copy shall
be sent to the Code Enforcement Officer.
Certificates of appropriateness and certificates of demolition
shall be valid for a period of one year from the date of issuance.
The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by Chapter
225, Zoning, by the Ogunquit Municipal Codes or by state or federal law.