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.
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:
A. To the public, by publication of the notice in two
successive editions of the local weekly or daily newspaper and;
B. 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.
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.