A. 
A variance appeal may be received by the BOA at any time. An administrative appeal shall be received by the BOA within 30 days of the date of the decision that is being appealed, except that the BOA, upon a showing of good cause, may waive the thirty-day requirement.
B. 
A variance or administrative appeal shall be filed with the BOA on appeal forms provided by the BOA.
C. 
Upon being notified of an appeal, the CEO and the PB, where applicable, shall provide the BOA with copies of all documents pertaining to the decision that is being appealed. The BOA may receive any oral or documentary evidence but shall provide as a matter of policy for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. Every party has the right to present the party's case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct any cross-examination that is required for a full and true disclosure of facts.
D. 
The burden of proof shall be upon the person making the appeal.
E. 
The BOA shall hold a public meeting on the appeal within 35 days of the receipt of an appeal request. The BOA shall notify abutters, by certified mail, at least 10 days before the date of the public meeting.
A. 
Variance may be granted only from dimensional requirements, including but not limited to frontage, lot width, percentage of lot coverage, percentage of structure expansion, and setback requirements.
B. 
Variances may be granted only if the BOA finds that all provisions of this chapter would be met except for the specific provision that is being appealed and that the strict application of the provisions of this chapter would result in undue hardship. "Undue hardship" means:
(1) 
That the land in question cannot yield a reasonable return;
(2) 
That the need for a variance is due to the unique circumstances of the property and not to the general conditions of the neighborhood;
(3) 
That the granting of a variance will not alter the essential character of the locality; and
(4) 
That the hardship is not the result of action taken by the applicant or prior owner.
C. 
Variances issued by the BOA shall be as strict as possible in order to ensure conformance with the purposes and provisions of this chapter to the greatest extent possible. The BOA may impose conditions on a variance as the BOA deems necessary. The party receiving the variance shall comply with any conditions imposed.
D. 
Variances granted by the BOA shall be filed by the party receiving the variance in the Androscoggin County Registry of Deeds within 90 days of the granting of the variance by the BOA. A variance not recorded within the ninety-day period shall not be extended by the BOA and shall become void.
A. 
A majority of the members of the BOA shall constitute a quorum for the purpose of deciding an appeal. A member who abstains shall not be counted in determining whether a quorum exists.
B. 
The concurring vote of a majority of the members of the BOA present and voting must be necessary to make a decision.
C. 
The BOA shall decide appeals within 35 days after the close of the public meeting.
D. 
The BOA shall render its decision in writing, and this decision will become a part of the record. The decision shall include a statement of the findings of fact and of conclusions, with the reasons for these conclusions. In cases where the BOA decision is remanded back to the CEO or to the PB, the decision will include an appropriate order.
[Amended 6-13-2026]
The BOA may reconsider any decision within 45 days of its prior decision. The BOA may conduct an additional hearing and receive additional evidence and testimony, subject to the provision of § 103-37C.
Any party aggrieved by a decision of the BOA may appeal to Superior Court in accordance with state laws within 45 days of the original decision of the BOA.