The Board shall have the power to hear and decide any appeal
by any person, affected directly or indirectly, from any decision,
order, rule, or failure to act of any officer, board, agency, or other
body where such appeal has been authorized by the Town of Bar Harbor
by ordinance specifying the precise subject matter that may be appealed
to the Board and the official(s) whose action or nonaction may be
appealed to the Board.
All powers are listed in 30-A M.R.S.A. § 2691 and
restated in the mission statement above.
Members shall have:
A. Knowledge of the land use ordinances of the Town of Bar Harbor.
B. Experience in either the Planning Board and/or the Design Review
Board.
A general boards and committees application is available from
the Town Clerk or at barharbormaine.gov. Applications should be returned
to the Town Clerk for consideration by the Town Council Appointments
Committee. The Appointments Committee will contact candidates with
interview times and make their recommendation to the Town Council
at the next Town Council meeting. The Town Council will vote on the
nominations. It is best to attend the nominating meeting, in case
Councilors have questions. Approved members will need to be sworn
in by the Town Clerk and take an ethics training exam. Members cannot
vote in their committee until these steps have been completed.
This Board shall have five members, with one associate member
as appointed by the Town Council. The associate member may not hold
any office on the Board and does not have voting rights unless designated
by the Chair to act in the stead of a member who is unable to act
due to interest, physical incapacity, or any other reason satisfactory
to the Chair. When an associate member is designated to act, they
shall have all the authority and responsibility of a member. All members
must be Bar Harbor residents. No municipal officer or direct relative
of a municipal officer may serve on this Board.
The term of each member shall be three years. There are no limits
to the number of terms served. All appointments run from August 1
to July 31.
Vacancies occurring during the middle of a term served shall
be filled by the Town Council from recommendations from the Appointments
Committee. The candidate will serve out the remainder of the vacated
term. Board openings shall be filled by vote of the Town Council from
recommendations from the Appointments Committee.
All absences must be excused prior to the start of the meeting,
and all attendance shall be recorded in meeting minutes. If a member
missed more than 75% of the regular meetings within a twelve-month
period, regardless of being excused, the member forfeits their membership
on the Board.
All meetings of the Board shall be open to the public, and notice
thereof shall be given that all members shall have reasonable opportunity
to make plans to attend. Notices shall be posted on the bulletin board
in the Town Hall, on the Town calendar, and on social media at least
three days prior to the meeting.
The Chair shall call a meeting as needed. Meetings will be announced
as stated in the Bar Harbor Town Charter.
A simple majority of appointed members is necessary to call
a meeting to order as well as take a vote.
A Chair, Vice Chair, and Secretary should be elected at the
first meeting of the Board after August 1. The Chair is responsible
for calling meetings, the meeting agenda, and leading meetings. The
Vice Chair will take over the responsibilities for the Chair if the
Chair is unable to preside over a meeting. The Secretary shall take
minutes at each meeting and send approved minutes to the Town Clerk.
Associate members may not hold an office.
Bylaws may be adopted and amended only by the Town Council.
The Board may suggest bylaws to the Town Council for its consideration.
Except to the extent that they are inconsistent with the provisions
of this article, all the provisions of 30-A M.R.S.A. § 2691,
as amended, shall apply to and govern the organization, procedures,
and jurisdiction of the Board of Appeals.
All Board members, voting and nonvoting, are subject to the
Town-Council-approved social media policy found at barharbormaine.gov
and in the Committees and Boards Handbook.