As cited in the Kennebunkport Administrative Code, Section 4.17.4 and 4.17.5, the powers and duties of the Board of Appeals shall be prescribed by the Kennebunkport Land Use Ordinance and the State of Maine.
- The regular meeting of the Board shall be held twice every month on the second and fourth Monday’s, or as necessary.
- The annual organizational meeting of the Board shall be the first regular meeting after the annual appointment of new members of the Board.
- Special meetings of the Board may be called by the chairman. At least forty-eight (48) hours written notice of the time, place and business of the meeting shall be given each member of the Board, the Selectmen, the Planning Board and the Code Enforcement Officer.
- The chairman shall call a special meeting within ten (10) days of receipt of a written request from any three members of the Board, which request shall specify the matters to be considered at such special meeting.
- The order of business at regular meetings of the Board shall be as follows: a) roll call; b) reading and approval of the minutes of the preceding meeting; c) public hearing (when scheduled); d) action on held cases; e) other business; f) adjournment.
- All meetings of the Board shall be open to the public, except executive sessions. No votes may be taken by the Board except in public meeting. The Board shall not hold executive sessions except as permitted by the Right to Know Law.
- No agenda item shall be taken up after 10:00 p.m. unless the Board waives this restriction with respect to a specific agenda item. At any meeting scheduled for an earlier time, the Board may set an appropriate time limit.
- A quorum shall consist of four (4) members of the Board.
- No hearing or meeting of the Board shall be held, nor any action taken, in the absence of a quorum; however those members present shall be entitled to request the chairman to call a special meeting for a subsequent date.
- All matters shall be decided by a show of hands vote. Decisions on any matter before the Board shall require the affirmative vote of a majority of the entire membership of the Board.
- A tie vote or favorable vote by a lesser number than the required majority shall be considered a rejection of the application under consideration.
- If a member has a conflict of interest, that member shall not be counted by the Board in establishing the quorum for the matter in which he or she has a conflict.
- Members shall not make decisions based upon information from persons appearing before the Board if the information has not been received at least 7 days prior to the meeting. However, if a majority of the Board votes to accept and consider late submissions, they may do so.
- No regular member shall vote on the determination of any matter requiring public hearing unless he or she has attended the public hearing thereon; however, where such a member has familiarized himself or herself with such matter by reading the record and listening to any audio and/or video recording of the meeting(s) from which the member was absent and represents on the record that he or she has done so, that member shall be qualified to vote on that matter.
- The Board may reconsider any decision. The Board must decide to reconsider any decision, notify all interested parties and make any change in its original decision within 30 days of its prior decision. The Board may conduct additional hearings and receive additional evidence and testimony.
- Reconsideration should be for one of the following reasons:
- The record contains significant factual errors due to fraud or mistake regarding facts upon which the decision was based; or
- The Board misinterpreted the ordinance, followed improper procedures, or acted beyond its jurisdiction.
Voted and accepted 10/27/2014 by the Zoning Board of Appeals