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Board of Zoning Appeals
The Board of Zoning Appeals is responsible for hearing and deciding administrative appeals of decision made by the Code Enforcement Officer, variance applications and conditional use applications. The Board consists of 5 regular and 2 associate members appointed by the Town Council, for 3 year terms. Members are limited to serving no more than 2 consecutive 3 year terms.
2008 Accomplishments
- The Board gained the assistance of Stan Given as a new alternate member.
- The Board lost the services of Kevin McCarthy as Chairman. The Board elected Richard Bayer to serve as chairman.
- The Board has been fortunate in not facing quorum issues in 2008. Pursuant to Ordinance, a quorum needed to conduct business is four members.
- The Board heard 60 applications as follows under the following sections of the Ordinance:
- 5.21 (Home Occupation) - 2
- 5.22 (Accessory Apartment) - 3
- 6.2 (Ext or enlargement) - 29
- 6.5 (Replacement of Destroyed or Damaged Nonconforming Structures) - 1
- 6.7 (nonconforming single vacant lot) -1
- 6.9 (tear down and rebuild or replace) - 4
- 6.10 (rebuild accessory structure) - 1
- 6.11 (shoreland zone) - 1
- 8.3 (conditional uses generally) – 14
- 8.5 (set-back variance for single family dwelling)- 2
- 8.8 (reconsideration appeals) – 2.
Summary of Ongoing Duties
- The volunteer members of the Board hear matters and make decisions pursuant to the Town of Falmouth Zoning and Site Plan Review Ordinance as amended last November 24, 2008 (“the Ordinance”).
- The Ordinance provides at Section 8.2, paragraph two as follows:
- “The Board of Zoning Appeals shall have the authority to hear and decide administrative appeals where it is alleged there is an error in any order, requirements, decision, or determination made by the Building Inspector in the enforcement of this Ordinance.
- Pursuant to the ordinance, the five members of the Board conduct hearings. The Chair presides over the Board hearings and any other meetings. In 2008 membership was generally stable. At the end of 2008, the regular Board membership was fully staffed.
- The ordinance provides for two alternates. At the end of 2008, the ZBA still needed one of the two alternate positions filled. However, as of the writing of this report, a second alternate has been interviewed by members of the Council and by the Chair. The Chair has recommended that the full Council give consideration to this individual to fill the vacant alternate position.
- The Board is assisted by Albert Farris, Chief Code Enforcement Officer, and Patrice Perreault, Code Enforcement Administrative Assistant. Al and Patrice are highly responsive to the Board’s needs and assisting the Board.
Goals for 2009
The work plan will remain the same. The ZBA will meet on the fourth Tuesday of every month. If necessary, and pursuant to the Ordinance, the ZBA will meet also for one or more additional hearings each month, as called by the Chair.
Budget Request
- The meeting space is already provided by the Town. Each of the members is a volunteer except for the payment of a stipend of sorts per meeting attended. The budget for 2009 should include funding for payment to each of the Board members who have requested payment the amount of $40 per meeting, as that has increased effective 2009. Other budget items most likely fall under other line items in the Town budget.
- The subject of saving money and having no one prepare the record “live” has been raised. I would request that the Town give consideration to continuing the funding for Melissa Tryon to attend the meetings, as she does an outstanding job both during the meetings (for example, reading back a motion) and in careful preparation of the proposed minutes of the meeting. As a recorder, she also helps in keeping the progression of items well-ordered during the monthly hearing.
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