[HISTORY: Adopted by the Town of Wells 3-11-1967; amended in
its entirety 8-2-2011. Subsequent amendments noted where applicable.]
This Harbor Ordinance is hereby established to regulate marine
activities within Wells Harbor of the Town of Wells, Maine, in order
to ensure safety to persons and property, promote availability and
use of valuable public resources, and to create a fair and efficient
framework for the administration of these waters.
Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings. Words used in the
present tense include the future, and the plural includes the singular.
The word "shall" is always mandatory.
As used in this chapter, the following terms shall have the
meanings indicated:
A vessel that has one or more of the following characteristics:
a) The vessel is required to be registered with any federal or state
governmental agency, but is not so registered; b) The vessel's owner,
operator or custodian cannot be located nor identified; c) The vessel
is a motor-powered vessel which does not have a working engine; d)
The vessel does not have operable and effective bilge pumps; e) The
vessel has not been in operation for 60 or more consecutive days;
f) The vessel is sinking or a threat and its owner cannot be contacted
by good faith effort prior to the need to act to prevent personal,
property or environmental damage; g) The vessel is one which is the
subject either of an unauthorized berthing, complaint, or complaint
for unauthorized mooring at a public or private pier or mooring whose
owner cannot be contacted within a period of 24 hours from the time
of the complaint.
[Added 1-7-2020]
The area of Wells Harbor where the wake zone is enforced
from the green day mark "5" south to the southernmost mooring in the
Webhannet River.
A person, vessel or master able to provide the following:
[Amended 6-7-2022]
Proof they hold a valid state or federal commercial Fishing
or Harvester/Aquaculture license;
Proof that activities associated with commercial fisheries contribute
no less than $5,000 USD to their annual income;
Proof of commercial liability insurance;
Proof they possess a valid USCG Captain's license.
A permit issued annually by the Harbor Master to an applicant,
authorizing the applicant to use a specific mooring space for a specific
overall length and type of vessel, for a period of one year.
Includes all fixed fore and aft extensions.
A vessel lacking structural integrity due to neglect, design,
or damage, thereby creating an unsafe environment for vessels, persons,
or property in its vicinity.
A vessel discharging or otherwise emitting toxic or environmentally
damaging materials above and beyond normal operating standards or
promoting the congregation of waterfowl.
The Webhannet River and all of its tributaries both now and
hereafter appearing where the tide ebbs and flows.
A.Â
This chapter shall apply to all shores of Wells Harbor as described in the definition of "Wells Harbor" in § 124-3, with the addition of the channel to the outer end of the north and south jetties, all of its access roads and lands adjacent thereto, both now and hereafter created by natural or mechanical erosion, including acreage on all public properties.
B.Â
This chapter and all applicable state, federal and local regulations
shall apply to the jetties, access roads, parking lots and all other
public properties adjacent thereto.
A.Â
The Board of Selectmen shall be authorized to make rules and regulations governing the use of Wells Harbor and all areas set forth in § 124-4, by resolution, after a public hearing held at least 10 days before their enactment.
B.Â
The Board of Selectmen shall be authorized to set fees for the use
of all harbor facilities, after a public hearing held at least 10
days before the fees being set.
The Board of Selectmen shall be authorized to appoint a suitably
qualified Harbor Master and Assistant Harbor Master and fix a reasonable
compensation for such service.
The Harbor Master shall enforce all ordinances, rules and regulations
and state and federal statutes applicable to Wells Harbor and other
public properties as herein described in this chapter.
The enforcement of this chapter shall be the duty of the Harbor
Master whenever not otherwise provided. The Assistant Harbor Master
shall have the powers and duties of the Harbor Master in the Harbor
Master's absence.
All orders and directions of the Harbor Master shall be complied
with.
No dock, floats or any other type of structure shall be erected
in Wells Harbor without first obtaining all necessary permits, including
from the Board of Selectmen and the Army Corps of Engineers whenever
required.
The Harbor Master may, after consultation with the Town Manager
and subject to the approval of the Board of Selectmen and confirmation
and approval by the Coast Guard, lay out a channel through the anchorage
and place markers determining such channel if necessary.
The Harbor Master shall mark for public safety any shoal or
other submerged object with the approval of the Coast Guard.
[Amended 2-21-2017]
A.Â
General provisions. The following provisions are applicable to all
moorings located within Wells Harbor (regardless of whether they are
public or private):
(1)Â
Designation of mooring area. The Harbor Master shall plot plan the
anchorage area and designate the area where all boats, vessels or
any type flotation may be moored in consultation with the Town Manager
and subject to the approval of the Board of Selectmen.
(a)Â
Placement of moorings. All moorings shall be placed at the discretion
of the Harbor Master.
(b)Â
Denial of mooring placement or use. Except as otherwise specified in § 124-14C, the placement or use of a private mooring within the limits of Wells Harbor is prohibited. The Town may deny use of the Town-owned dock(s), piers, moorings and other float facilities, as well as of private moorings, within the limits of Wells Harbor for the following reasons:
[1]Â
Boat, vessel or flotation is structurally unsafe.
[2]Â
Boat, vessel or flotation shows neglect where such neglect can
be construed as dereliction.
[3]Â
Boat, vessel or flotation is unsanitary.
[4]Â
Boat, vessel or flotation whose overall length does not permit
proper moorage or imparts greater than normal strain on hardware,
tackle or lines for dock and float facilities.
[5]Â
Boat, vessel or flotation whose overall length does not permit
proper moorage or imparts greater than normal strain on hardware,
tackle or lines for the mooring area.
[6]Â
Boat, vessel, houseboat or any other type of flotation is being
used for living quarters for more than five days.
[7]Â
Boat, vessel or flotation would be dangerous to persons or property,
including docks, wharves and floats.
[8]Â
Boat, vessel or flotation is emanating noxious fumes, oils or
any other materials detrimental to the safety and comfort of others,
including the pollution of its waters, shores and floats.
[9]Â
Boat, vessel or flotation is moored without permit.
(c)Â
Unapproved moorings restricted. No moorings shall be placed
in Wells Harbor by anyone other than the Harbor Master except by permission
of the Harbor Master in case of emergency.
(d)Â
Tying up to moorings required. No boat, vessel or any type of
flotation shall be moored or tied up to any other device in the mooring
area or any other part of the river within the limits of Wells Harbor
for the purpose of mooring, except at a mooring or float assigned
for that purpose by the Harbor Master or by an individual or entity
previously approved by the Harbor Master or Board of Selectmen. This
section shall not apply in the event of emergency or by written permit
of the Harbor Master.
(2)Â
Mooring standards. All moorings shall conform to the specifications
as set forth by the Harbor Master for public and private moorings,
respectively. The Harbor Master shall have the discretion to assign
boats, vessels and any type of flotation to a mooring or a float meeting
appropriate specifications, but in no event shall there be more than
one boat, vessel or any type of flotation per mooring, except with
permission from the Harbor Master for a short duration.
(a)Â
Moorings for smaller boats, vessels or any type of flotation.
The Harbor Master may develop standards for the placement of boats,
vessels or any type of flotation of certain overall length on floats
versus moorings.
(3)Â
Mooring fee schedule. Mooring fees are payable in advance as per the mooring fee schedule as established by the Board of Selectmen pursuant to § 124-5B. Said fee schedule shall be based on overall length of the vessel, which shall include all fore and aft extensions, pulpits, tender davits, and similar equipment.
(a)Â
All boats, vessels or any type of flotation shall be charged
by their overall length.
(4)Â
Mooring space assignment and reassignment. All mooring spaces are
under the exclusive control of the Harbor Master and must be assigned
annually from established lists maintained by the Harbor Master of
persons either holding or desiring a mooring permit, except for designated
mooring spaces which the Harbor Master may assign to transient boats,
vessels or any type of flotation.
(a)Â
Mooring space assignees may change their boat, vessel or type
of flotation on their assigned mooring only with the permission of
the Harbor Master. In general, assignees will be limited to the same
approximate overall length and type of boat, vessel or type of flotation
unless, in the judgment of the Harbor Master, a change can be made
without adversely affecting the Harbor mooring plan or adjoining mooring
space assignees.
(b)Â
Any change in the overall length of a boat, vessel or any type
of flotation assigned to a mooring must be requested, in writing,
and approved by the Harbor Master. In the event that the request to
go from a small boat, vessel or flotation mooring to a large boat,
vessel or flotation mooring is approved, the mooring holder will be
placed on the appropriate mooring waiting list, which list is on file
with the Town Clerk and the Harbor Master.
(c)Â
Moorings not transferable. Moorings are not transferable to
others except to commercial fishermen's next of kin for continued
commercial fishing purposes as indicated by Maine State Law. See 38
M.R.S.A. § 3-A, as amended.
(d)Â
When a mooring holder does not put a boat, vessel or any type
of flotation on the mooring assigned to him/her after the mooring
fee is paid, he/she shall have a one-year grace period in which to
replace the boat, vessel or flotation with one that is similar in
overall length. After the year's grace period, if the same boat, vessel
or flotation or a boat, vessel or flotation similar in overall length
is not placed back on the leased mooring by July 1, the mooring will
be forfeited and opened to the mooring waiting list applicants.
(e)Â
It is the responsibility of the mooring holders to provide proof
of ownership of a boat, vessel or any type of flotation assigned to
a specific mooring. Ownership is to be proven at the time of application
for a mooring permit.
(5)Â
Mooring permit application and payment. The application for a mooring
permit shall include the overall length, draft, and type of boat,
vessel or flotation proposed for the mooring space, the application
fee, and other pertinent information requested on the application
form. It is the responsibility of the applicant to fill out the application
and submit it to the Town of Wells. It is also the applicant's responsibility
to ensure that all pertinent information, including but not limited
to contact information for notification purposes, remains up to date.
An application shall not be considered received until the application
and fees, excise taxes and any applicable penalties are received by
the Town of Wells. The Harbor Master shall review the application,
approve it, and issue the mooring permit or deny the application.
All mooring permits and renewals must be paid in full by April 15
except as set forth below. Any mooring permit that has not been paid
for within the time period specified in this section shall be revoked
and given to the next appropriate vessel on the governing waiting
list.
[Amended 1-7-2020]
(a)Â
If any payment is not received by April 15, a registered letter will
be sent requesting payment within 14 days. At the end of 14 days,
another registered letter will be sent informing the owner that the
boat will be removed and/or the mooring will be forfeited within seven
days unless payment is received in full. This may also be considered
a failure to obey an order of the Harbor Master.
(b)Â
At the discretion of the Harbor Master, exceptions in the case of
hardships may enter into a payment agreement with the Town of Wells.
In such cases only, one standard payment plan will be available as
follows:
[1]Â
One third of the total mooring fee must be paid no later than April
15.
[2]Â
One third of the total mooring fee must be paid no later than July
15.
[3]Â
Remaining balance of the total mooring fee must be paid no later
than September 15.
[4]Â
A late fee of $30 a month will be assessed on the 15th of every month
until the outstanding balance is paid in full.
(6)Â
There are two distinct waiting lists. One is maintained for the benefit
of assignment to recreational boaters and the other is exclusive to
assignments to be made to those defined as "commercial fisherman."
All new mooring assignments shall be made on a first-come-first-served
basis. An individual's position on a wait list is determined by the
chronological order, date, that the fee associated with their application
is received. All waiting lists are maintained by the Harbor Master,
except as provided by statute. See 38 M.R.S.A. § 7-A, as
amended. Applicants will be listed publicly in chronological order
and will be assigned berthing according to the overall length of their
boat, vessel or type of flotation. The Harbor Master shall review
mooring applications with regard to space available for the overall
length, draft and type of boat, vessel or flotation indicated, as
evaluated by the Harbor Master. Applicants on a waiting list may refuse
an offered mooring space and retain their relative position on the
list only twice before being stricken from their respective list.
Applicants will have 14 days to respond to mooring assignment offers.
Each of the waiting lists shall be available for inspection by the
public during regular business hours at the office of the Harbor Master
and at Wells Town Hall.
[Amended 6-7-2022]
(7)Â
Any person with special circumstances needing special accommodations
may submit a written letter to the Harbor Master to be considered
for special placement. If such needs are deemed valid, special placement
may be granted to mooring or slip holders if such space is available.
(8)Â
General mooring prohibitions.
(a)Â
Except for emergencies or when approved by the Harbor Master, no boat, vessel or any type of flotation shall be tied alongside any municipal float for more than 30 minutes at any one time, except that commercial boats, vessels or any type of flotation having an assigned mooring are allowed a maximum of 45 minutes upon return. Upon violation of this subsection, the violator will be subject to the penalties set forth in § 124-21 and must be moved. The Harbor Master may extend these time limits for vessel repairs.
[Amended 1-7-2020]
(9)Â
Removal
of commercial vessels.
[Added 1-7-2020]
(a)Â
Commercial fishermen may remain on their slip or mooring or be reassigned
to another slip or mooring if they continue to fish year-round.
(b)Â
If a commercial fisherman does not fish year-round, their vessel
shall be removed from their mooring or slip by November 1 of each
year.
(c)Â
Commercial vessels that are no longer providing charter services
must be removed from their mooring or slip by November 1 of each year.
(d)Â
Commercial vessels may occupy their assigned moorings until November
30. After November 30, commercial vessels not actively engaged in
fishing must be removed from the harbor. Wet storage of any vessel
is prohibited. Commercial vessels actively engaged in fishing may
lease a winter berth at one of the Town docks for $50 a month, payable
on the first of every month. All commercial vessels renting Town dock
space for the winter must return to assigned mooring no later than
April 1.
(10)Â
Removal of recreational vessels. As of October 15 of each year, all
recreational mooring holders shall remove their vessels from any mooring,
slip, or other location in the harbor.
[Added 1-7-2020]
(11)Â
Loss of rights and privileges. Rights held and permits issued pursuant
to this chapter shall be subject to revocation in the event the permit
holder fails to comply with any provision of this chapter.
[Added 1-7-2020]
B.Â
Public moorings. In addition to the general provisions governing all moorings set forth in § 124-14A above, the following provisions shall govern public moorings:
[Amended 1-7-2020]
(1)Â
Public mooring blocks. All public mooring blocks shall be of stone,
granite, heavy reinforced concrete or its equivalent or metal Helix-type
anchors, but in no event shall a block be more than 14 inches in height
nor more than 48 inches in length or width, except with the written
permission of the Harbor Master.
(2)Â
Inspection of public moorings. All public moorings and floats shall
be inspected at least once each year by the Harbor Master, who shall
direct any repairs necessary for the safety of persons, moored boats,
vessels and flotation devices and other property. In addition, the
Harbor Master may require additional inspections administered by a
licensed and insured company.
(3)Â
Public moorings will be limited to boats, vessels, and any type of
flotation, which do not exceed 42 feet in overall length. Existing
public mooring permits for boats, vessels and any type of flotation
issued before October 1, 2011, which exceed 42 feet shall be allowed.
(4)Â
All public mooring holders must maintain liability insurance (minimum
$100,000) on their boat, vessel or any type of flotation, and proof
of insurance must accompany the mooring application. If an insurance
policy is not maintained, the mooring holder's permit shall be revoked.
(5)Â
A public mooring or slip may be held without a boat, vessel or any
type of flotation for one year. The Harbor Master shall grant a conditional
permit of one year for that public mooring or slip to the next eligible
person from the public mooring or slip waiting list in order to use
all available spaces in the harbor. After one year, if the original
public mooring or slip holder does not place a boat, vessel or any
type of flotation on their mooring, the Town will revoke that public
mooring permit and grant it to the next eligible person on the waiting
list.
(a)Â
If a public mooring holder's mooring or slip will not accommodate
his/her boat, vessel or type of flotation due to loss of water depth
due to sand encroachment, that person shall be allowed to hold that
public mooring space until conditions permit placement of that same
boat, vessel or type of flotation in the space by paying the base
mooring fee of $250 as a holding fee. During such time, conditional
use of that public mooring or slip will be granted to the next eligible
person from the public mooring or slip waiting list in order to use
all available spaces in the harbor.
(b)Â
All persons who accept a conditional permit do so with the understanding
that it is a conditional permit for one season and all fees must be
paid and documentation provided prior to use of said berth.
C.Â
Private moorings. In addition to the general provisions governing all moorings set forth in Subsection A above, the following provisions shall govern private moorings:
(1)Â
The Harbor Master reserves the right to move, pull, or inspect any
private mooring at any time.
(2)Â
All private moorings will be assigned a specific number which shall
be painted on or somehow displayed on said mooring's mooring ball.
(3)Â
The responsibility for all installation, maintenance, construction,
and removal of private moorings fall to the owner of the mooring.
(4)Â
Construction specifications. All private moorings must meet the following
construction specifications:
(a)Â
Minimum requirements for vessels up to 18 feet:
[1]Â
One-hundred-pound Dor-Mor-style pyramid anchor.
[2]Â
Thirty-five feet of one-half-inch domestic mooring chain.
[3]Â
Five-eighths-inch domestic shackles.
[4]Â
Domestic swivels.
[5]Â
Eighteen-inch white mooring ball, either inflated or hard shell,
with blue stripe and assigned number clearly marked.
[6]Â
Seven-sixteenths-inch nylon pendant with length of three times
the height of the bow from the water with appropriate pickup buoy
and flotation.
(b)Â
Minimum requirements for vessels 18 feet to 24 feet:
[1]Â
One-hundred-fifty- or two-hundred-pound pyramid anchor (Harbor
Master needs to approve).
[2]Â
Thirty-five feet of one-half-inch domestic mooring chain.
[3]Â
Five-eighths-inch domestic shackles.
[4]Â
Domestic swivels.
[5]Â
Twenty-four-inch white mooring ball, either inflated or hard
shell, with blue stripe and assigned number clearly marked.
[6]Â
One-half-inch nylon pendant with length of three times the height
of the bow from the water with appropriate pickup buoy and flotation.
(5)Â
Vessel types. Vessels of not more than 24 feet and of appropriate
construction may request a private mooring. Vessel construction must
be suitable and allow for potential grounding. All vessels electing
to use the private mooring scheme must be approved by the Harbor Master.
(6)Â
Inspection requirements. All private moorings must be of appropriate
construction and be certified every two years by a licensed mooring
inspection service, a Town-designated entity, or the Harbor Master.
A fee may be associated to this service as determined by the Board
of Selectmen.
(7)Â
Seasonal removal. All private moorings must be removed and placed
in designated areas of the river or stored off site between November
1 and April 30 unless otherwise approved by the Harbor Master. Sparring
or "dead-heading" of moorings is prohibited.
A.Â
Boats, vessels or any type of flotation shall not be left tied up
unattended at the Town piers system, except by permission of the Harbor
Master.
B.Â
No boat, vessel or any type of flotation shall be abandoned or left
to disintegrate in Wells Harbor.
C.Â
The Harbor Master shall notify the owner, owners or agents of any
boat, vessel or any type of flotation he deems abandoned or left to
disintegrate after consultation with the Town Manager and subject
to the approval of the Board of Selectmen. The owner, owners or agents
shall remove the boat, vessel or type of flotation within a reasonable
length of time. If the boat, vessel or type of flotation is not removed
within a reasonable length of time by the owner, owners or agents,
the Harbor Master shall remove the abandoned boat, vessel or flotation,
the cost of which removal shall be levied upon its owner, owners or
agents.
D.Â
Any boat, vessel or any type of flotation which sinks at a mooring, dock or float in Wells Harbor shall be subject to § 124-15C.
E.Â
All boats, vessels or any type of flotation using the anchorage and
facilities shall be liable for all damages to moorings, floats, docks,
and other Town-owned equipment unless caused by the material failure
of Town-owned equipment.
A.Â
The Harbor Master shall be authorized to make reasonable rules and
regulations as to the storage of bait, bait barrels and all types
of fishing gear, including skiffs, punts and tenders, applicable to
all for the purpose of safety, cleanliness and to prevent facility
deterioration.
B.Â
From June 1 to October 31 of each year, no person or persons shall
place or cause to be placed any type of fishing gear, such as lobster
traps, pots, nets, trawls or the like, in the areas depicted in Wells
Harbor, except in areas as approved by the Harbor Master.
A.Â
No boat, vessel or any type of flotation shall travel at more than
bare steerage when approaching the anchorage, through the anchorage
or near its docks or floats.
B.Â
Upon all tidal waters within the Town it shall be unlawful to operate
a boat, vessel or any type of flotation at a speed that is not safe
and prudent, including, but not limited to, damaging any wharf, float,
or anchored or moored boat, vessel or any type of flotation, or endangering
any person or property, or impairing another boat's, vessel's or flotation's
ability to maneuver or proceed safely. Operating a boat, vessel or
any type of flotation at more than bare steerage speed within 10 feet
of a person in the water or within a defined bathing area when persons
are in the water shall be considered endangering a person, and is
unlawful.
C.Â
The speed of any boat, vessel or flotation from the anchorage to
the outer end of the jetties shall be reasonable so as not to endanger
others.
A.Â
All scuba divers using the anchorage or channel shall display a float
with the proper flag.
B.Â
There shall be no diving, jumping off, or swimming from floats, docks,
or watercraft in Wells Harbor. Swimming or surfing is prohibited at
all times within the confines of the mooring basin and in the areas
between the jetties. Swimming in other areas of Wells Harbor is at
one's own risk.
[Amended 2-21-2017]
A.Â
It shall be unlawful to throw rocks or any hard objects at boats,
vessels or any type of flotation or in the water of Wells Harbor.
B.Â
No aircraft or airboat shall be operated in the area as set forth
in Wells Harbor without written permission from the Harbor Master.
C.Â
All children under 12 years of age going onto the floats in Wells
Harbor area must be accompanied by an adult at least 18 years of age.
[Added 1-7-2020[1]]
A.Â
Removal
of vessels. The Harbor Master is hereby authorized, and it shall be
his/her duty, to remove or cause to be removed any vessel from any
wharf, mooring or berthing area in Wells Harbor, when so requested
by the owner of said wharf/mooring; and whenever he/she shall deem
it necessary, he/she shall remove or cause to be removed any vessel
lying in tier (more than one vessel); and if any vessel or raft shall
anchor or lie contrary to this chapter or any ordinance, rule or regulation
of the Town of Wells, said Harbor Master shall forthwith make good
faith efforts to give notice to the owner or master thereof, or the
person having the care of the vessel, to remove the vessel within;
and if notice may not be practically given, or if the person given
notice does not comply with the notice, without delay, the Harbor
Master shall make or cause the removal of the vessel or raft. In the
event that the Harbor Master removes a vessel as set forth in this
chapter, such removal shall be at the cost and risk of the owner of
the vessel. The Harbor Master shall charge the full cost of removal
to the master or owner of the vessel, which charge, including the
cost of the crew and/or equipment for removing that vessel. In the
event of nonpayment, the Harbor Master may collect by a civil action
in the District Court, as set forth in 38 M.R.S.A. § 5.
In addition, the Harbor Master shall have the authority to remove
vessels as set forth in 38 M.R.S.A. § 5.
B.Â
Abandoned
vessels. When, in the opinion of the Harbor Master, a vessel has been
abandoned in the harbor, he or she may take custody and control of
such vessel and remove it, store it, or otherwise dispose of it, all
at the expense and sole risk of the vessel owner. Reasonable notice
of such disposal shall be given to the owner of the vessel. If the
owner of the vessel cannot be located, notice shall be given by publication
in a newspaper of general circulation in the Town at least 14 days
prior to disposal.
Whoever violates or fails to comply with any section of this
chapter or rules or regulations may be punished by a civil penalty
of not less than $50 plus the costs for each offense, and where a
hazard or defiance exists, a civil penalty of not less than $50 per
day may be levied, and all moneys derived from such violations shall
be retained by the Town of Wells for enforcement purposes, subject
to costs and other charges by the court.
A.Â
In all cases, a person aggrieved by a decision of the Harbor Master
as it relates to the implementation of this chapter must file an appeal
to the Board of Selectmen within 31 days after the issuance of the
decision from the Harbor Master. The appeal shall be filed with the
Town Manager. A filing fee as established by the Board of Selectmen
shall accompany any appeal. The Town shall also be reimbursed for
the costs of notification and advertisements concerning an appeal.
[Amended 1-7-2020]
B.Â
Before taking action on any appeal, the Board of Selectmen shall
schedule a public hearing within 31 days of the filing of an appeal.
Notice of the public hearing shall be made by the Board of Selectmen
to the appellant by certified mail, and notification shall include
the nature of the appeal and the time and place of the public hearing.
Notice of all appeals shall be mailed, published in a newspaper of
general circulation, and posted in at least three public places within
the Town at least 10 days before the specified date of such hearing.
C.Â
The Harbor Master, or the Assistant Harbor Master, shall attend all
hearings, and shall present to the Board of Selectmen all plans, photographs
or other material deemed appropriate for an understanding of the appeal
and upon which they relied in making the decision appealed from. The
appellant's case shall be heard first. The aggrieved party may appear
by agent or attorney. To maintain orderly procedure, each side shall
proceed without interruption. Questions may be asked through the Chairperson.
All persons at the hearing shall abide by the order of the Chairperson.
Hearings may be continued to other times.
D.Â
Written notice of the decision of the Board of Selectmen shall contain
a statement of findings and conclusions, as well as reasons or basis
therefor, and shall be sent to the appellant, the Harbor Master and
the Town Manager within seven business days of the decision. Written
notices of decision shall be mailed to the appellant via certified
mail. The concurring vote of a majority of the members of the Board
of Selectmen present and voting shall be required to reverse an order,
requirement, decision, or determination of the Harbor Master. The
appellant shall have the burden of proof. The standard of review to
be applied by the Board of Selectmen is appellate, not de novo, review,
and the Board of Selectmen may modify or reverse a decision of the
Harbor Master only if it finds that the decision was contrary to specific
provisions of law, this Code, or the facts presented to the Harbor
Master. If the Board of Selectmen modifies or reverses a decision
of the Harbor Master, the Board of Selectmen shall remand with instructions
for such further action as may be necessary.
E.Â
If the Board of Selectmen shall deny an appeal, a second appeal of
a similar nature shall not be brought before the Board of Selectmen
within one year from the date of denial of the first appeal by the
Board, unless in the opinion of a majority of the Board substantial
new evidence shall be brought forward or unless the Board finds that
an error, mistake or misunderstanding of facts has occurred.
F.Â
Any decision of the Board of Selectmen may be appealed to Superior
Court within 45 days after the decision is rendered according to the
Maine Rules of Civil Procedure, Rule 80B.
[Amended 1-7-2020]
If any section, subsection, sentence, clause, phrase or portion
of this chapter or application thereof to any person(s) or circumstance(s)
is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion or application shall be deemed
a separate, distinct and independent provision or application and
such holding shall not affect the validity of the remaining portions
or applications thereof.
