Pursuant to Article
VIII, Pt. 2, Section 1 of the Maine Constitution and 30-A M.R.S.A. § 3001, the Town of Shapleigh hereby establishes a Planning Board.
[Added 3-14-2009 ATM by Art. 8]
The purpose of the Planning Board is to administer
the priorities of the Town of Shapleigh Zoning Ordinance, Subdivision
Ordinance and Growth Ordinance in order to maintain the safe and healthful
conditions and the general welfare, prevent and control water pollution,
protect spawning grounds, fish, aquatic life, bird and other wildlife
habitat, control building sites, placement of structures and land
uses and conserve shore cover, visual as well as actual points of
access to inland and coastal water and natural beauty, and to encourage
the preservation of farmland.
1 A. Decisions by the Board shall be made within
the time limits established by state law and local ordinances and
regulations. The final decision on any matter before the Board shall
be issued as a written order signed by the Chairman. The transcript
of testimony, if any, and exhibits, together with all papers and requests
filed in the proceedings, and signed minutes of the meetings/hearing,
shall constitute the record. All decisions shall become a part of
the record and shall include a specific statement of findings and
conclusions. At a minimum, the record should specifically state that
the applicant has/has not met all applicable state statutory requirements,
all applicable municipal ordinances, and all applicable municipal
regulations, and those legal documents shall be specifically referenced.
A. The Board, in reaching said decision, shall be guided
by standards specified in the applicable statute, ordinance, or regulation
as well as by community goals and policies as specified in a Comprehensive
Plan, if any, and by the findings of the Board in each case.
B. Notice of any decision, including the findings and
conclusions/minutes, shall be sent by mail or hand delivered to the
applicant, his representative or agent within the time limits established
in the Shapleigh Zoning Ordinance and/or Shapleigh Subdivision of
Land Ordinance.
C. Decisions of the Board, shall be immediately filed
in the Town office, shall become part of the Board's permanent record
and shall be made public record in compliance with the Right to Know
Law.
D. The Board may reconsider any decision at the same
meeting or at a subsequent meeting within 30 days of its original
decision; provided, however, that both a vote to reconsider and any
action taken pursuant thereto shall occur and be completed within
30 days.
(1) Notice of any reconsideration shall be given to all
interested parties in a reasonable time in advance of the reconsideration.
The Board may conduct additional hearings and receive additional evidence
and testimony.
(2) Reconsideration should be used for a record which
contains significant factual errors due to fraud or mistake regarding
facts upon which the decision was based or, when the Board misinterpreted
the ordinance, followed improper procedures, or acted beyond its jurisdiction.
Appeal of the decision of the Board is governed
by state and local law.