The Board of Appeals shall be governed by 30-A M.R.S.A. § 2691, Article VI, Section 3, of the Town Charter, and as specified herein.
A. 
There shall be a Board of Appeals of five members, and one alternate, all of whom shall be property owners of the Town of Frye Island. The members of the Board shall be appointed by the Board of Selectmen of the Town of Frye Island. Terms of members shall be for three years, except that the appointments after the initial one-year appointments shall be such that the terms of office of no more than two members shall expire in any single year.
B. 
The members of the Board shall annually elect a Chairman and a Secretary, who shall provide for the keeping of the minutes of the proceedings of the Board of Appeals. All minutes of the Board shall be public record. A quorum shall consist of three members.
C. 
The Board shall adopt a set of written procedures by which the Board will conduct its regular meetings and public hearings.
A. 
The Board of Appeals shall schedule meetings approximately once a month between April 30 and Columbus Day, and the Board shall not be required to hold a meeting or hearing otherwise.
B. 
The Board shall not be required to hold a meeting if no appeals are pending.
The Board of Appeals shall have the following powers and duties:
A. 
Types of appeals. The Board of Appeals shall hear the following types of appeals:
(1) 
Administrative appeals.
(a) 
To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the Code Enforcement Officer in the enforcement of any ordinance, bylaw, or regulation of this Zoning Ordinance.
(b) 
To modify or reverse the action of the Code Enforcement Officer by a concurring vote of a majority of the quorum of the Board of Appeals.
(2) 
Special exceptions.
(a) 
To hear and decide only those special exceptions which are specifically listed in the various zoning districts as special exceptions, and to act for the enlargement of nonconforming uses and nonconforming setbacks, which shall be treated as special exceptions.
[Amended 10-11-2008 TM by Art. 20]
(b) 
To decide such questions as are involved in determining whether such special exceptions should be granted.
(c) 
To grant by majority vote such special exceptions with such conditions and safeguards as are appropriate, or to deny such special exceptions when not in harmony with the purposes and intent of this Zoning Ordinance.
(3) 
Variance appeals. To authorize variances upon appeal, within the limitations set forth in Subsection B below.
(4) 
Disability variance appeals. To grant by a concurring vote of a majority of the quorum of the Board of Appeals a variance to a property owner for the purpose of making that property accessible to a person with a disability who is living on the property.
B. 
Variance appeals restrictions and conditions. Variances may be permitted only under the following conditions:
(1) 
The Board shall not grant a variance unless it finds that all of the criteria listed below are met:
(a) 
The proposed structure or use would meet the provisions of Articles I and II, except for the specific provision which has created the nonconformity and from which such relief is sought.
(b) 
The strict application of the terms of this chapter would result in undue hardship. The term "undue hardship" shall require that all of the following conditions apply:
[1] 
The land in question cannot yield a reasonable return unless a variance is granted.
[2] 
The need for a variance is due to the unique circumstances of the property and not to the general conditions in the neighborhood.
[3] 
The granting of a variance will not alter the essential character of the locality.
[4] 
The hardship is not the result of action taken by the applicant or prior owner.
(2) 
The Board shall restrict any disability variance granted under § 10-1.58, Subsection A(4), solely to the installation of equipment or the construction of structures necessary for access to or egress from the property by the person with the disability. The Board may impose conditions on the variance, including limiting the variance to the duration of the disability or to the time that the person with the disability lives on the property. The term "structure necessary for access to or egress from the property" shall include railing, wall or roof systems necessary for the safety or effectiveness of the structure.
(3) 
The Board of Appeals shall limit any variances granted as strictly as possible in order to ensure conformance with the purposes and provisions of the Town Zoning Ordinances to the greatest extent possible, and in doing so may impose such conditions to a variance as it deems necessary. The party receiving the variance shall comply with any conditions imposed.
(4) 
Within the Shoreland Zone, as shown on the Official Shoreland Zoning Map, variances are subject to the additional restrictions of Part 3, § 10-3.42, Subsection B, Variance appeals.
Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the other members.
A. 
Making an appeal.
(1) 
An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party from any decision of the Code Enforcement Officer or the Planning Board.
(2) 
Such appeal shall be taken within 30 days of the date of the decision appealed from and not otherwise; except that the Board, upon showing of good cause, may waive the thirty-day requirement.
(3) 
The Board is not required to hold a meeting or hearings from Columbus Day to May, when the Island again opens.
(4) 
An administrative, special exception, or variance appeal shall be made by filing with the Board of Appeals a written notice which includes:
(a) 
A concise written statement indicating what relief is requested and why it should be granted.
(b) 
A sketch, drawn to scale, showing lot lines and the locations of existing buildings, structures, and other physical features of the lot pertinent to the relief sought.
(5) 
Upon being notified of an appeal, the Code Enforcement Officer or Planning Board, as appropriate, shall transmit to the Board of Appeals all of the papers constituting the record of the decision appealed from.
(6) 
The Board of Appeals shall hold a public hearing on the appeal within 35 days of its receipt of a completed application, provided this time period falls within the normal meeting schedule established by the Board under § 10-1.57, Board of Appeals meetings, above.
(7) 
The Board of Appeals shall notify by mail only the abutters of the property for which an appeal is taken, describing the nature of the appeal and the time and place of the public hearing thereon.
(8) 
Fees to cover the administration costs of appeals shall be set by the municipal officers annually.
(9) 
Failure of any abutter to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the Board of Appeals.
(10) 
Following the filing of a complete appeal application, the Board of Appeals for the Town of Frye Island shall notify forthwith the Code Enforcement Officer and the Planning Board, and the appeal shall be ordered for hearing at the next meeting of the Board of Appeals following, by at least seven days, the mailing of notices.
(11) 
The Code Enforcement Officer or his designated assistant shall attend all hearings and may present to the Board of Appeals all plans, photographs, or other material he deems appropriate for an understanding of the appeal.
(12) 
If the Board grants a variance under this Article XI, a certificate shall be prepared in recordable form indicating:
(a) 
The name of the current owner.
(b) 
The property, by reference to the last recorded deed in this chain of title.
(c) 
The fact that the variance, including any conditions on the variance, has been granted.
(d) 
The date of granting.
(13) 
This certificate must be recorded on the Cumberland County Registry of Deeds within 90 days of the date of final approval of the variance.
(14) 
If this certificate fails to be so recorded in the specified time period, the variance is void.
B. 
Decision by Board of Appeals.
(1) 
The concurring vote of a majority of the members of the Board of Appeals present and voting shall be necessary to reverse an order, requirement, decision, or determination of the Code Enforcement Officer or Planning Board, or to decide in favor of the applicant on any matter on which it is required to decide.
(2) 
The Board may reverse the decision or failure to act of the Code Enforcement Officer or Planning Board only upon a finding that the decision or failure to act was clearly contrary to specific provisions of this Zoning Ordinance.
(3) 
A member who abstains shall not be counted in determining whether a quorum exists.
C. 
Appeal to Superior Court. Any aggrieved party who participated as a party during the proceedings before the Board of Appeals may take an appeal to Superior Court in accordance with state laws within 45 days from the date of any decision of the Board of Appeals.
D. 
Reconsideration.
[Amended 10-6-2007 TM]
(1) 
In accordance with 30-A M.R.S.A. § 2691(3)(F), the Board of Appeals may reconsider any decision reached under this section within 45 days of its prior decision. A request to the Board to reconsider a decision must be filed within 10 days of the decision that is to be reconsidered. A vote to reconsider and the action taken on that reconsideration must occur and be completed within 45 days of the date of the vote on the original decision. Reconsideration of a decision shall require a positive vote of the majority of the Board members originally voting on the decision, and proper notification to the landowner, petitioner, Planning Board, Code Enforcement Officer, and other parties of interest, including abutters and those who testified at the original hearing(s). The Board may conduct additional hearings and receive additional evidence and testimony as provided in this subsection.
(2) 
Appeal of reconsideration to the Superior Court must be made within 15 days after the decision on reconsideration.