[HISTORY: Adopted by the Town Meeting of the Town of Madison 4-3-1978. Amendments noted where applicable.]
There is hereby established a Board of Appeals for the Town of Madison, which shall be known as the Madison Board of Appeals (hereinafter referred to as the "Board of Appeals").
The Board of Appeals shall consist of five members, who shall elect a Chairman and a Secretary from among their number. The members of the Board of Appeals shall be appointed and their compensation shall be determined by the Selectmen. Each member shall serve for a term of three years, except that initially one member shall be appointed to serve for a term of one year, and two members shall be appointed to serve for a term of two years each, in order that the terms of all members shall thereafter be staggered. If a permanent vacancy shall exist, the remainder of such member's term shall be filled by appointment of the Selectmen.
The organization of the Board of Appeals, the qualifications of its members, the powers of the Chairman and Secretary, and the procedures of the Board of Appeals shall be as provided in 30-A M.R.S.A § 2691, as the same may now or hereafter be amended, and as supplemented by the provisions of this chapter. The Board of Appeals shall have the power to adopt reasonable rules and regulations necessary or helpful to implement the provisions of this chapter.
The Board of Appeals shall have the power to hear and determine all requests of variances pursuant to Chapter 478, Shoreline Zoning, Chapter 484, Site Review, Chapter 490, Subdivision of Land, and Chapter 422, Floodplain Management, and Chapter 148, Animals, of the Code of the Town of Madison, as the same may now or hereafter be amended. A request for a variance shall be made by application for variance, which shall be prepared and filed in substantially the same manner and within the same time as set forth in § 7-6. After public notice pursuant to § 7-7, the Board of Appeals shall conduct a public hearing on the application for variance and shall determine the same by majority vote in accordance with its procedures and the criteria set forth in the applicable Town ordinance. Notice of the decision shall be given in accordance with the provisions of § 7-9.
Granting variance requests shall be based on a determination that the current regulation would create an undue financial burden on the applicant and/or render the property unsuitable for conducting business.
The Board of Appeals shall have the power to hear and determine all appeals by any person directly affected by any decision, action or failure to act with respect to any license, permit, variance or other required approval, or any application therefor, including conditional grant, denial, suspension, or revocation of any such license, permit, variance or other approval (hereinafter a "decision"):
Rendered by the Code Enforcement Officer or the Planning Board pursuant to Chapter 478, Shoreland Zoning, of the Code of the Town of Madison;
Rendered by the Code Enforcement Officer or Building Inspector relating to building code enforcement pursuant to any statute or Town ordinance;
Rendered by the General Assistance Administrator pursuant to Chapter 200, General Assistance, of the Code of the Town of Madison, or the Maine statutes relating to general assistance;
Rendered by the Planning Board or the Selectmen pursuant to Chapter 490, Subdivision of Land, of the Code of the Town of Madison or the Maine subdivision statute;
Rendered by the Selectmen or the Assessors pursuant to 36 M.R.S.A. § 841 and 2060 (relating to the abatement of taxes);
Rendered by the Selectmen pursuant to Chapter 142, Amusement Permits, of the Code of the Town of Madison or 28-A M.R.S.A. § 1054 (also relating thereto);
Rendered by the Selectmen or the Road Commissioner pursuant to Chapter 339, Street Design and Construction Standards, of the Code of the Town of Madison;
Rendered by the Selectmen pursuant to Chapter 26, Cemeteries, of the Code of the Town of Madison;
Rendered by the Planning Board or the Code Enforcement Officer pursuant to Chapter 422, Floodplain Management, of the Code of the Town of Madison;
Rendered by the Selectmen pursuant to 25 M.R.S.A. § 2003 (relating to the carrying of concealed weapons) or the Policy Regarding Applications for Licenses to Carry Concealed Weapons;
Rendered by the Selectmen pursuant to Chapter 767, Warning Sign Requests, of the Code of the Town of Madison;
Rendered by the Selectmen pursuant to Chapter 189, Excavations, of the Code of the Town of Madison;
Rendered by the Code Enforcement Officer or Building Inspector pursuant to the Madison Sanitary Code;
Rendered by the Membership Committee of the Madison Fire Department or of the East Madison Fire Department pursuant to the ordinances regarding the organization of such Fire Departments, respectively, with respect to the admission of new members, and the dismissal, suspension and other discipline of members;
Rendered by the Town Manager (or other designated Hearing Officer) or the Selectmen pursuant to Section V(H) of the Town of Madison Personnel Policy relating to grievances and disciplinary procedures with respect to Town employees and officers;
Editor's Note: Refers to an older version of the Personnel Policy. The current policy is on file in the Town offices.
Rendered by the Selectmen, the Plumbing Inspector, the Electrical Inspector or such other officer as may be designated by statute, or by Town ordinance implementing such statute, pursuant to any of the provisions of Subchapters I and X (inclusive) of Chapter 215 of Title 30 of the Maine Revised Statutes Annotated;
Editor's Note: Laws 1987, c. 737, § A, 1, repealed Parts 1 to 3 of Title 30. See now M.R.S.A. Title 30-A, Part 2, Municipalities, Subpart 6, Regulation, Licenses and Permits, Chapter 185, Regulation of Construction and Permits (30-A M.R.S.A. § 4101 et seq.), which regulates buildings, electrical installations and plumbing.
Rendered pursuant to, and by such official or officials as may be specified in, any Town ordinance that may hereafter be enacted which specifically provides that an appeal from a decision may be taken to the Board of Appeals.
All as such statutes, ordinances and policies may now or hereafter be amended.
Appeal from a decision shall be by notice of appeal on a form to be prescribed for such purpose. The notice of appeal shall be signed by the person taking the appeal, shall include such person's full name and mailing address, shall identify the decision as to which the appeal is being taken, and shall briefly state the basis of or reason for the appeal.
The notice of appeal shall be filed with the Board of Appeals by delivery in person to or by mail received by the Town Clerk not later than 30 days after notice of decision is given by the official rendering the decision, together with payment of a uniform filing fee as determined by the Board of Appeals, which shall not exceed $20.
The date of the giving of notice of decision shall be the date on which written notice of the decision is mailed or delivered in person to the person whose application or other conduct required the decision to be rendered. If the officer required to give notice of decision fails to do so within the period prescribed in the applicable statute or ordinance, notice of decision shall be deemed to have been given on the last day prescribed for the giving thereof.
If a public hearing is required by the statute or ordinance, or if the Board of Appeals determines in its discretion that a public hearing shall be held, public notice state the time, place and subject matter of the hearing shall be given, not less than seven days nor more than 45 days prior to the hearing:
To the public, by publication of the notice in two successive editions of the local weekly or daily newspaper and;
If the matter involves the use of buildings or premises, to the owners of all real property lying within 500 feet of the premises in question, by mailing a copy of the notice to such owners; provided, however, that ownership of such real property shall be conclusively presumed by the Town tax assessment records, and provided further that the failure of any owner to receive the notice shall not invalidate any action taken at our pursuant to the public hearing nor require that another hearing be held.
The Board of Appeals may in its discretion hear additional evidence or may rely entirely upon the record of the proceedings below.
After reviewing a decision in accordance with its procedures, the Board of Appeals may:
Affirm the decision in whole or in part;
Reverse the decision in whole or in part;
Vacate the decision in whole or in part and order new proceedings to be held by the officer rendering the decision, either in their entirety or limited to such issues of law or fact, or both, as the Board of Appeals may direct.
The such decision by the Board of Appeals shall be in writing, with the vote of each participating member being indicated thereon, and shall state with reasonable particularity the basis of the decision, including the grounds therefor upon all material issues of law or discretion presented, and any factual findings necessary to support the decision. Notice of the decision (to which a copy of the decision shall be attached) shall be mailed or delivered in person to the person taking the appeal, to the officer rendering the decision from which the appeal was taken, and to the Selectmen, within seven days of the rendering of the decision. The notice of decision shall include a statement of the time for seeking review by the Superior Court.
Review of a decision of the Board of Appeals shall be by the Superior Court in accordance with applicable statutes and the procedures of Rule 80B of the Maine Rules of Civil Procedure, as the same may now or hereafter be amended. In any case where the Board of Appeals refuses, fails or neglects to give notice of its decision, the Board of Appeals shall be deemed to have rendered a decision adverse to the party seeking review and notice thereof shall be deemed to have been duly given 15 days following the last day prescribed herein for the giving of such notice.
Any provision of a Town ordinance (whether heretofore or hereafter enacted or amended) which is inconsistent with or contrary to any provision of this chapter with respect to any matter governed hereby is repealed and declared void and of no effect, and the provision or provisions of this chapter with respect to such matter shall be controlling; provided, however, that if any such provision of a Town ordinance (whether heretofore or hereafter enacted or amended) is adopted to conform such ordinance to a specific provision of state law, then, in such instance, the conforming provision of such other Town ordinance shall remain in effect and shall control over the inconsistent provision or provisions hereof.
This chapter and any of the provisions hereof may be amended, modified or repealed, in whole or in part, by majority vote of the governing body in accordance with the then-applicable procedures for amendment of Town ordinances; provided, however, that if any Town ordinance shall hereafter be enacted or amended to specifically provide that appeals from a decision rendered pursuant thereto shall be taken to the Board of Appeals, the jurisdiction of the Board of Appeals set forth in § 7-5 hereof shall thereby be enlarged pursuant to Subsection A(17) of said § 7-5, without the necessity for a vote of the governing body specifically amending this chapter.
This chapter shall become effective 30 days after the adoption hereof by the voters at any Annual or Special Town Meeting called for such purpose.