[HISTORY: Adopted by the Town of Kennebunkport as indicated
in article histories. Amendments noted where applicable.]
[Adopted 4-14-1982; amended 6-12-2018]
The Inhabitants of Kennebunkport, having determined that the
operation of a fish pier and public landing is a public purpose and
having determined that such a facility is needed in Cape Porpoise
Harbor for the convenience and economic well-being of the Inhabitants
of the Town of Kennebunkport, enact this article to be known as the
"Cape Porpoise Fish Pier Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
The existing pier on Bickford's Island in Cape Porpoise and
the related real estate, fixtures, personal property, easements and
other rights belonging to the Town of Kennebunkport and any replacement,
improvement, extension or modification of said premises and facilities
made hereafter.
The Town of Kennebunkport organized and existing as a municipal
corporation under the laws of the State of Maine.
The Cape Porpoise Pier shall be managed by the municipal officers
of the Town, or their designee, primarily as a public fish pier for
the berthing, servicing, loading, offloading, repair and other needs
of commercial fishing vessels. To the extent compatible with its primary
use as a public fish pier, and to the extent permitted by agreements
between the Town and the State of Maine, the pier shall also be available
for use by other vessels, by residents of the Town, and by members
of the general public.
After notice and public hearing, the municipal officers shall
establish a reasonable schedule of fees for the use of the Cape Porpoise
Pier, its related facilities, and for services provided at the pier.
In establishing the schedule of fees, the municipal officers shall
consider the value of the services provided, the costs to the Town
for administration, maintenance, salaries, equipment, debt service
and repairs to the pier, the expenses incurred by the Town for piers,
docks and harbors and the amounts collected by the Town in personal
property taxes on boats. Copies of the schedule of fees as established
by the municipal officers shall be available at the municipal office
during normal business hours and shall be posted in the vicinity of
the Cape Porpoise Pier.
After notice and public hearing, the municipal officers are
authorized to adopt regulations governing the rules of operation of
the Cape Porpoise Pier, which rules shall be designed to ensure its
primary use as a fish pier, to prevent obstruction, overcrowding and
unnecessary delays, to prevent personal injury or damage to vessels
or property, to maintain safe and healthful conditions, to prevent
vandalism and theft of property, to establish reasonable limits on
the hours of operation, to prevent disturbance of the peace, to ensure
that fees established are collected, and to govern such other matters
as may be necessary or useful to the management and operation of the
pier.
The municipal officers are authorized to contract on such terms
and conditions as are in the best interest of the Town with private
persons or corporations for the provision of services to fishermen,
vessels, residents of the Town and members of the public using the
Cape Porpoise Pier and to contract for the operation of food takeout,
ship store, retail and wholesale, lobster pounds and other incidental
businesses on the Cape Porpoise Pier facilities. Prior to entering
into any such contract, the municipal officers shall give notice of
their intention to enter into such a contract and shall afford interested
persons a reasonable opportunity to submit proposals for consideration.
All fees, rents, leasehold payments or other sums collected
by the Town in connection with the operation of the Cape Porpoise
Pier shall be kept in a separate account to be known as the "Cape
Porpoise Pier Account." The funds in said account shall be used by
the municipal officers to supplement any other sums appropriated by
the Town for the costs associated with the Cape Porpoise Pier, including,
without limitation, expenses for administration, salaries, debt service,
maintenance, equipment and repairs. Funds remaining in the Cape Porpoise
Pier Account at the end of the fiscal year shall not lapse and such
funds shall not be transferred to other accounts unless by vote of
the Town at a regular or special Town Meeting.
The municipal officers are authorized to contract with or employ a pier manager and such other personnel as may be necessary to the operation of the Cape Porpoise Pier on such terms and conditions as are in the best interest of the Town. The municipal officers may delegate to the pier manager responsibility for the management and operation of the Cape Porpoise Pier under the general direction and supervision of the Police Chief, or his or her designees, provided that the municipal officers shall not delegate the authority to establish fees under § 61-4, to adopt regulations under § 61-5 or to enter into contracts under § 61-6 of this article.
Whoever violates the provisions of this article or any regulation
or rule established under this article shall be punished by a fine
of not more that $100 for each such occurrence. If any violation continues
for a period longer than 24 hours, each day that it continues shall
be deemed a separate violation, subject to the penalty herein provided.
The right of any person to use the Cape Porpoise Fish Pier may be
suspended by the municipal officers, after reasonable notice and hearing,
for failure to pay any fees due or for violation of regulations adopted
pursuant to this article.
[Adopted 6-12-2012; amended 11-6-2018]
A.
Title. This article shall be known as the "Waterfront Ordinance of
the Town of Kennebunkport, Maine." It shall be referred to herein
as the "ordinance."
B.
Authority. This article is adopted pursuant to the authority granted by 38 M.R.S.A. Chapter 1, as amended, 30-A M.R.S.A. §§ 3001, 3007, 3009 and 4452, as amended, and the Home Rule provisions of the Constitution of the State of Maine with additions and deletions.
C.
Purpose. Kennebunkport's waterfront is a limited and valuable resource.
The demands on this resource have been increasing for both commercial
and recreational uses; therefore, this article is adopted for the
following purposes:
(1)
Ensure that there will always be adequate and usable mooring space
for the Kennebunkport commercial fishing fleet.
(2)
Preserve the working waterfront, which includes commercial fishing,
marine-related businesses and recreational boating.
(3)
Provide ordinance guidelines and authority for the Harbor Master
to administer mooring space and to resolve any conflicts.
(4)
Address dangerous and unsuitable mooring placements.
(5)
Ensure consistency with the policies set by the State of Maine and
the US Army Corps of Engineers.
(6)
Plan, establish and maintain the arrangement and utilization of mooring
areas, public landings, boat ramps, harbor channels and other related
properties in Kennebunkport waters.
D.
Applicability. The provisions of this article shall apply to all
tidal water areas located within the municipal boundaries of Kennebunkport,
Maine, with the exception of the Kennebunk River, hereinafter referred
to as "Kennebunkport waters."
E.
Severability. If any section, subsection, sentence, clause, phrase
or portion of this article is for any reason held invalid or unenforceable
by any court, such portion shall be deemed a separate, distinct and
independent provision, and such holding shall not affect the validity
of the remaining portion.
F.
Conflict. Whenever any section, subsection, sentence, clause, phrase
or portion of this article is deemed to be in conflict with any existing
state law and/or federal rule(s), then the stricter provision shall
apply, unless preempted by federal law.
G.
Effective date. This article shall become effective immediately upon
adoption.
For the purpose of interpreting this article, the following
terms, phrases and words shall be defined as set forth below:
An enterprise, as defined in 12 M.R.S.A. § 6001,
Subsection 6-A, which is directly or indirectly concerned with the
commercial harvest of wild or aquacultured marine organisms, whose
primary source of income is derived from these activities. "Commercial
fisheries business" includes, but is not limited to:
Licensed commercial fishermen, aquaculturists and fishermen's
cooperatives;
Persons providing direct services to commercial fishermen, aquaculturists
or fishermen's cooperatives, as long as provision of these direct
services requires the use of working waterfront property; and
Municipal and private piers and wharves operated to provide
waterfront access to commercial fishermen, aquaculturists or fishermen's
cooperatives.
A vessel used in furtherance of the purposes of a commercial
fisheries business, including vessels rigged to engage in the commercial
harvest, processing or transport of wild or aquacultured marine organisms,
as well as supporting vessels, such as lobster, crab and shellfish
cars.
A charge for the use of Town-owned waterfront facilities;
all fees described herein are set by the Board of Selectmen annually
and will be effective upon adoption by the Board of Selectmen at a
public meeting.
A civil penalty for a violation of this article; all fines
are set by the Board of Selectmen annually and will be effective upon
adoption by the Board of Selectmen at a public meeting.
A person appointed pursuant to 38 M.R.S.A. § 1
and this article; all references to the Harbor Master shall include
any Deputy Harbor Master.
Has the meaning defined by § 61-11D.
The means of securing a vessel to a particular location in
Kennebunkport waters, other than temporarily by anchor for a period
of no more than 72 hours. Dock, pier, wharf or float tie-ups are not
moorings. There are three classes of moorings, commercial, recreational
and transient, which are defined below:
COMMERCIALA mooring issued to and utilized by a commercial fisheries business for the purpose of mooring a commercial fishing vessel. In Cape Porpoise; the mooring permit holder must either be a Cape Porpoise Pier member in good standing or a shorefront owner. This excludes moorings in Paddy Creek, Turbats Creek, Land's End, Goose Rocks Beach and Langsford Road, as noted by their mooring designation.
[Amended 6-14-2022]
RECREATIONALA mooring other than a commercial mooring that is permitted for the purpose of mooring a specific vessel. In Cape Porpoise, the mooring permit holder must either be a Cape Porpoise Pier member in good standing or a shorefront owner. This excludes moorings in Paddy Creek, Turbats Creek, Land's End, Goose Rocks Beach and Langsford Road, as noted by their mooring designation.
[Amended 6-14-2022]
TRANSIENTA mooring set aside for temporary (seven days or less) use by vessels cruising along the coast.
An annual permit that is issued by the Harbor Master to a
mooring permittee, authorizing the placement of a specific class of
mooring at a specific mooring site and which expires on May 31 of
the year following its issue.
A person granted a mooring permit.
A list of persons desiring a mooring permit as described in § 61-14C(2).
A list of mooring permittees desiring relocation of a mooring site as described in § 61-14C(2).
A specific location assigned by the Kennebunkport Harbor
Master for placement of a mooring, defined by GPS coordinates where
practicable.
An individual, a corporation, a firm, partnership, an association
or any other entity.
Ship channels as described herein and depicted on the NOAA
nautical chart and other such channels designated by the Harbor Master
which shall be kept open for the passage of watercraft. These channels
are maintained by the US Army Corps of Engineers and are depicted
on the Corps Condition Survey for Cape Porpoise and the Kennebunk
River.
A person who owns Kennebunkport shorefront property with
a minimum 100 feet of shore frontage on Kennebunkport waters who can
demonstrate that a mooring site fronting their property is both practicable
and safe.
Any type of watercraft, including a ship, boat, barge, float
or craft, other than a seaplane, used or capable of being used as
a means of transportation on water. For purposes of this article,
floating docks, including commercial work floats and lobster, crab
and shellfish cars, are vessels.
The person who can demonstrate the controlling interest in
a vessel and who is named on the boat registration or the person identified
as the managing owner on the USCG Certificate of Documentation.
A.
Appointment and compensation. Pursuant to the Kennebunkport Administrative Code, Article III, the Board of Selectmen shall annually appoint a Harbor Master who shall be subject to all the duties and liabilities of that office as prescribed by state law, regulations adopted by the municipal officers and municipal ordinances. Pursuant to the Kennebunkport Administrative Code, Article II, the Town Manager shall establish compensation and may remove the Harbor Master for cause after notice and hearing and appoint another instead.
B.
Powers and duties.
(1)
Removal of vessels.
(a)
The Harbor Master, upon complaint from the master, owner or
agent of any vessel, shall cause any other vessel or vessels obstructing
the free movement or safe anchorage of that vessel to be removed to
a position as designated by the Harbor Master and may, without any
complaint being made, cause any vessels anchoring within the ship
channels to be removed to such anchorage as the Harbor Master may
designate. If that vessel has no crew on board or if the master or
other person in charge neglects or refuses to move such vessel as
directed by the Harbor Master, the Harbor Master may put a suitable
crew on board and move that vessel to a suitable berth at a wharf
or anchorage at the expense and risk of the owner(s) of the vessel
and shall charge a vessel removal fee, plus expenses, to be paid to
the Town of Kennebunkport by the master or owner of that vessel.
(b)
Once a vessel has been removed by the Harbor Master, the owner
of record shall be notified, in writing, and mailed a notice via US
Mail, certified return receipt. Such notice shall give the owner 30
calendar days to relocate the vessel to a suitable location and pay
a vessel removal fee as set by the Board of Selectmen. Should the
vessel not be relocated within the set time period, a fine of up to
$100 per day may be assessed until the vessel is relocated. After
60 calendar days, the vessel may be declared abandoned. Abandoned
vessels may be disposed of at the direction of the Harbor Master.
(2)
Mooring removal or replacement.
(a)
In case of neglect or refusal of the mooring permittee to remove
a mooring or to replace it by one of a different character when so
directed by the Harbor Master, the Harbor Master shall cause the entire
mooring to be removed or shall make such change in the character of
the mooring as required and shall charge a mooring removal/replacement
fee, plus expenses, to be paid to the Town of Kennebunkport by the
mooring permittee for either of those services rendered. Before removing
a mooring, the Harbor Master shall notify the mooring permittee by
first class mail, at the address on the current mooring application,
of the action desired, the fact that the mooring will be removed,
and the amount of the mooring removal/replacement fee. If the matter
is not settled to the Harbor Master's satisfaction within 14 days,
the Harbor Master may take any action provided for in this section.
(b)
The Harbor Master is authorized to remove any unmarked and/or
unauthorized moorings. The Harbor Master may remove the mooring immediately
and shall charge a mooring removal fee, plus expenses, to be paid
to the Town of Kennebunkport by the owner of the unmarked and/or unauthorized
mooring.
(3)
Training. The Harbor Master shall complete training as required by
38 M.R.S.A. § 1-A, as amended. In addition the Harbor Master
shall be required to attend the annual harbor master training by the
Maine Harbor Masters Association.
A.
Anchorages. No person shall place or allow to anchor or to lay any
vessel in any position in Kennebunkport waters for more than 72 hours
unless written permission has been granted by the Harbor Master. The
Harbor Master may designate a specific area available as a general
anchoring area.
B.
Designation of mooring sites.
(1)
The Harbor Master shall designate mooring sites in accordance with
38 M.R.S.A. § 3, as amended. Mooring sites shall be permitted
for the sole use of the vessel indicated on the application. Any change
in the vessel using the mooring site must be in accordance with this
article and state law and have the written approval of the Harbor
Master.
(2)
The Harbor Master shall have the authority to determine the total
number of allowed moorings based on available mooring sites. The Harbor
Master may consult with the Board of Selectmen and any other appropriate
authority to determine mooring areas and their capacity. Commercial
moorings shall comprise at least 60% of the total number of mooring
sites within Cape Porpoise Harbor. If an existing commercial mooring
becomes available within Cape Porpoise Harbor, it may not be assigned
for use as a recreational or transient mooring if such assignment
would cause the number of commercial moorings to constitute less than
60% of the total number of available mooring sites within Cape Porpoise
Harbor. Mooring sites outside of Cape Porpoise Harbor may be designated
commercial, recreational, or transient at the discretion of the Harbor
Master.
(3)
The Harbor Master may change the location of assigned mooring sites
when the crowded condition of the harbor, the need to conform with
38 M.R.S.A. §§ 3 and 7-A, or other conditions render
the change desirable.
C.
Mooring permit.
(1)
Application.
(a)
Application for a mooring permit shall be made annually and
shall contain the information set forth on the application. The applicant
must demonstrate that the applicant is the vessel owner of the vessel
associated with the mooring. An application will not be processed
unless it is complete, the payment of required fees, including excise
taxes or other taxes or charges owed to the Town of Kennebunkport,
or its agent, is made prior to May 1 and there is a current mooring
inspection certification on file with the Harbor Master. At the time
of each annual review of mooring permits, existing mooring permittees
shall be given priority over other applications for a mooring.
(b)
The Harbor Master shall deny any application where incorrect
information is submitted, where outstanding Kennebunkport pier use
fees or fuel fees are owed to the Town, or where an applicant is not
in compliance with this article.
(2)
Waiting list.
(a)
The Harbor Master shall maintain a mooring permit waiting list
and a mooring relocation waiting list, each of which shall be available
for inspection at the Harbor Master's office. The operation of all
waiting lists shall conform to 38 M.R.S.A. § 7-A, as amended.
(b)
All persons desiring mooring space in Kennebunkport waters shall
place their name and the type of mooring desired on the mooring permit
waiting list. All mooring permittees desiring a different mooring
site shall place their names and their desired mooring location on
the mooring relocation waiting list. A fee may be charged to be placed
on the mooring permit waiting list which shall be applied against
the mooring permit fee as a credit the year the mooring is placed.
(c)
The mooring permit waiting list will be operated on a first-come,
first-served basis, priority being given as stated below:
(d)
Waiting list members must renew their waiting list application annually
to retain placement on the waiting list. All information such as vessel
type, and length, residency status, as well as contact information,
must be updated by the person on the list.
[Added 6-11-2019]
(e)
The mooring relocation waiting list will be operated on a first-come, first-served basis. The Harbor Master shall attempt to accommodate any request for a relocated mooring site when, in the Harbor Master's discretion, conditions do not render the relocation undesirable, and the relocation is consistent with § 61-14B.
(3)
To whom issued. A recreational mooring permit shall only be issued
to the vessel owner, and a commercial mooring permit shall only be
issued to an officer or principal of the commercial fisheries business.
A transient mooring permit shall be issued to the person who will
maintain and operate the transient mooring.
D.
Mooring identification. All moorings shall have the number of the
mooring permittee indicated on the float or buoy above the waterline
for the purposes of identification. Such number and name shall be
displayed in at least three-inch letters and be legible at all times.
Mooring buoys shall be white with a single blue horizontal band clearly
visible above the waterline.
E.
Placement of moorings. No person shall place a mooring of any type
within the boundaries of Kennebunkport waters without a mooring permit
issued by the Town of Kennebunkport's Harbor Master.
F.
Size and construction. All moorings shall be of a suitable size and
construction for the vessel. Mushroom or pyramid anchors are recommended,
unless the owner can demonstrate holding power adequate for his boat.
Blocks are permitted; however, they may only be granite; concrete
or cement blocks are not allowed. The weight of the mooring anchor
shall conform to the requirements of either the chart or formulas
below. Chain size shall conform to the chart below, regardless of
whether the weight conforms to the chart or formulas below.
|
Length of Boat
(feet)
|
Weight of Mooring Anchor
(pounds)
|
Minimum Chain Size
(inches)
|
|---|---|---|
|
20 or less
|
500
|
1/2
|
|
20 to 30
|
1,000
|
1
|
|
30 to 40
|
1,500
|
1 1/4
|
|
40 to 60
|
2,000
|
1 1/2
|
|
Mooring weight: To determine the minimum weight of a mushroom
or pyramid anchor, multiply the length on deck (feet) by the beam
(feet) by 1.5. The product is the minimum mooring weight in pounds.
|
Example: Boat length 31 feet, beam 10 feet: 31 × 10 × 1.5 = 465 lbs. minimum
weight. Round up to the next even mooring size.
|
|
|
|
|
Shallow-water (restricted) moorings are set in less than 6 feet
of water at high tide for boats 20 feet or less. Minimum requirements
shall be length × beam = anchor weight for mushroom or pyramid anchors (minimum weight
50 pounds).
|
Dead weight anchor's length × beam x 1.5 × 2 = dead weight.
|
G.
Inspection of moorings. The Board of Selectmen shall have the authority
to approve regulations to establish a program requiring the inspection
of moorings.
H.
Denial. The Harbor Master may deny the replacement or use of a mooring
if, in the judgment of the Harbor Master, the vessel is:
I.
Nonuse of moorings. If a mooring permittee fails to use the assigned mooring site or mooring for the vessel listed on the current mooring permit during the term (June 1 to May 31) of that permit, the mooring permit shall not be renewed. A mooring permittee may appeal such nonrenewal to the Board of Selectmen pursuant to § 61-20 of this article.
J.
Mooring assignments.
(1)
There shall be no transfer of a mooring permit or an assigned mooring
site and no renting of a recreational or commercial mooring, except
for good cause with the prior written approval of the Harbor Master
and, if otherwise required by law, the Army Corps of Engineers, or
as otherwise noted in this article. Municipal and commercial transient
moorings are permitted to be rented.
(2)
A mooring permittee shall promptly notify the Harbor Master of a
proposed change of vessel on a recreational or commercial mooring.
Such change of vessel shall be permitted only with the prior written
approval of the Harbor Master.
(3)
Any assigned mooring site used for commercial fishing purposes may
be transferred only at the request or death of the permittee, and
only to a member of the permittee's family and only if the mooring
assignment will continue to be used for commercial purposes. For the
purpose of this section, "member of the permittee's family" means
a permittee's parent, child, or sibling, by birth or by adoption,
including a relation of the half blood or an assignee's spouse.
(4)
As of the effective date of this article, a vessel may only be assigned
to a single mooring site.
The Board of Selectmen shall establish and provide for the collection
of fees, including but not limited to fees for mooring permits and
the mooring permit waiting list, and may establish and provide for
the collection of fees for the inspection of moorings. The Board of
Selectmen may establish and provide for the collection of fines for
violations of this article. Such fees may be a flat amount or vary
according to the size of the vessel. Fines may be a flat amount or
vary according to the infraction or violation. The vessel removal
fee and mooring removal/replacement fee shall be consistent with 38
M.R.S.A. §§ 4 and 5. A schedule of the fees and fines
established under this section shall be available at the Town office
and from the Harbor Master. Fees and fines shall be set by the Board
of Selectmen annually and will be effective upon adoption by the Board
of Selectmen at a public meeting. If a fee or fine is not paid in
the prescribed time, after billing, the mooring permit will be void
and the mooring site reassigned to the next eligible individual on
the mooring permit waiting list.
No person shall cause to be abandoned any vessel, floating device,
cradle, or any other obstruction on the shore within Kennebunkport
waters. Any such object left within the confines of Kennebunkport
waters and which has been unattended for a period of 90 days shall
be deemed to be abandoned. The Harbor Master shall then order the
last owner of any such abandoned vessel, floating device, cradle or
other obstruction, if such owner is ascertainable, to remove same
within 30 days. Upon refusal or failure to do so, the Harbor Master
shall cause its removal or destruction at the cost of the said last
ascertainable owner. Any violation of the above shall be considered
a Class E crime pursuant to 38 M.R.S.A. § 9 and further
punishable as set forth in this article.
Except in case of emergency imperiling life or property or unavoidable
accident, collision, or stranding, no person shall discharge or suffer
or permit the discharge of sewage, garbage, trash or other refuse
of any kind, by any method, means, or manner into or upon Town wharves
or docks or Kennebunkport waters.
The Harbor Master shall recommend to the Board of Selectmen
for adoption such rules and regulations as shall be necessary to implement
the intent of this article.
A.
Enforcement by the Harbor Master. It is the duty of the Harbor Master
to enforce the provisions of this article. No person shall fail to
observe any lawful order of the Harbor Master with reference to the
navigation and disposition of vessels or moorings within Kennebunkport
waters. If, after investigation, the Harbor Master finds that any
provision of this article is being violated, he or she shall give
written notice delivered by hand, if the owner agrees to sign a receipt
for the notice, or by certified mail, return receipt requested, to
the person responsible for such violation, and/or to the owner and/or
to the operator of such vessel. The notice shall indicate the nature
of the violation and order the action necessary to correct it, including
discontinuance of illegal use of moorings, or work being done, removal
of illegal moorings, fishing equipment and abatement of nuisance conditions.
The notice shall demand that the violation be abated within some designated
reasonable time. If, after such notice, the violation is not abated
within the time specified, the Harbor Master shall take appropriate
measures to enforce this article, including notifying the Selectmen
of the need to institute appropriate action in the name of the Town
of Kennebunkport to prevent, enjoin, restrain or abate any violation
of this article. A copy of each such notice of violation shall be
submitted to the Board of Selectmen and be maintained as a permanent
record.
B.
Enforcement by law enforcement officers. In addition to the Harbor
Master, any law enforcement officer vested with the authority to carry
a weapon and make an arrest shall have the authority to enforce the
provisions of this article.
C.
Misdemeanor fines; separate violations. Any person who violates any
provision of this article or a lawful order of the Harbor Master shall
be subject to a fine. Each day that a violation continues, without
action to effect abatement after receipt of notification by the Harbor
Master, shall be considered a separate violation for purposes of this
section. Pursuant to 38 M.R.S.A. § 13, intentionally, knowingly,
or recklessly failing to obey any lawful order of the Harbor Master
is a Class E crime.
D.
Legal action. The Harbor Master may impose fines as approved by the
Board of Selectmen as may be appropriate to enforce any provision
of this article. The Board of Selectmen, upon notice from the Harbor
Master, is hereby authorized and directed to institute any and all
action and proceedings, either legal and/or equitable, including seeking
injunctions of violations and the collection of fees or fines as may
be appropriate or necessary to enforce the provisions of this article
in the name of the Town. In any such action in which the Town prevails,
the Town shall be awarded reasonable attorneys' fees and the cost
of suit in addition to any other relief to which it may be entitled.
The Board of Selectmen shall hear and decide appeals alleging
error by the Harbor Master in the administration of this article.
The aggrieved person must make a written appeal within 30 days of
the date of the decision being appealed, and the Board of Selectmen
shall hold a public hearing within 30 days from the date of receipt
of the appeal. The Board may establish additional rules and procedures
for such hearings. A party aggrieved by the decision of the Board
may appeal it to Superior Court within 30 days from the date of the
original decision pursuant to Maine Rules of Civil Procedure, Rule
80B.
