Duties & Responsibilities
16.1.5 Board of Appeals.
22.214.171.124 Appointment and Composition.
A. The Board of Appeals is established by the Town Charter, Article VIII, Section 8.04, and 30-A M.R.S. §2691.
B. The Board consists of seven (7) members, who are Kittery residents serving staggered terms of office of three years.
C. Members of the Board are appointed by the Town Council.
D. A municipal officer, or spouse thereof, may not serve as a member of the Board.
E. Members serve until their successors are appointed and qualified.
F. The number of consecutive terms by any Board member is limited by Section 8.01(3) of the Town Charter.
G. A member of the Board may be dismissed for cause by the Town Council before the expiration of such member’s term after notice and hearing.
H. Vacancies are filled by Town Council appointment for the unexpired term.
126.96.36.199 Powers and Duties.
A. To elect annually a chairperson and vice chairperson from its membership and a secretary. It is the duty of the secretary to keep and maintain a permanent record of all meetings of the Board, and show the vote of each member upon each question.
B. A quorum consists of four or more members. All decisions must be made by a minimum of four like votes, except on procedural matters.
C. Adopt bylaws to govern routine Board proceedings and set agendas and hold meetings to perform duties.
D. Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon is decided by a majority vote of the members present, except the member who is being challenged, who may not vote on the issue.
E. All records of the Board are public records, except as excluded under 1 M.R.S. §402 (3) (A)-(O), the Maine Freedom of Access (Right to Know) statute.
F. The Board is to:
1. Perform duties as provided by law.
2. Administrative Decision Appeal: Hear and decide on an administrative decision appeal where it is alleged by an aggrieved party that there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer in review of an action on a permit application under this Code.
3. Variance Request: Hear and decide on a variance request within the limitations set forth in this Code and 30-A M.R.S. §4353(4).
4. Miscellaneous Variation Request: To hear and decide on a miscellaneous variation request to permit variation in:
a. Nonconformance as prescribed in Article III of Chapter 16.7;
b. Standards contained in Article IX of Chapter 16.8, Parking, Loading and Traffic or Section 188.8.131.52 Sign Violation and Appeal; or
c. Accessory dwelling unit standards per Article XXV of Chapter 16.8.
d. Special Exception Use Request: Hear and decide on a special exception use request not requiring Planning Board review per development and site review thresholds and using the Development Application and Review (Chapter 16.10) procedures and review criteria and other provisions in this Code.