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Town of Dexter

ARTICLE VI
SPECIAL ADMINISTRATION

Section 6.01. Implementation of the comprehensive plan.
The council shall by ordinance adopt land use and development regulations including but not limited to zoning and subdivision regulations.

Section 6.02. Board of appeals.
A. (a) Composition and terms. There shall be a board of appeals composed of 5 members. The term of office shall be 3 years.; except that initial appointments shall be 2 for 3 years, 2 for 2 years, 1 for 1 year. Neither a municipal officer nor a spouse of a municipal officer may be a member of the board. Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting on that issue shall be decided by a majority vote of the members, excluding the member being challenged. The municipal officers may dismiss a member of the board for cause before the member’s term expires.

B. (b) Jurisdiction.

1. The board of appeals shall act as the zoning board of appeals and have the same powers and duties as proscribed by the laws of the State of Maine for such boards.

2. In addition, the board of appeals shall have the jurisdiction to hear appeals that may arise under the Housing Code, Building Code or any other regulatory ordinance enacted pursuant to this charter or the laws of the State of Maine, which provide therein for such appeals.

3. The board of appeals will have jurisdiction over grievances that arise in the administration of the Dexter personnel policy, or the administration of departmental policy in those departments such as ambulance or Fire which maintain internal policies as adopted by the Dexter Town Council.

4. The board of appeals shall have the powers and jurisdiction of a board of assessment review as prescribed by the laws of the State of Maine for such boards. As a board of assessment review, the board may review appeals from decisions of the assessor regarding applications for abatements of property taxes and make determinations with respect to assessments in accordance with the general laws of the State of Maine.

C. Procedure. The following provisions govern the procedure of the board.

1. The chairman shall call meetings of the board as required. The chairman shall also call meetings of the board when requested to do so by a majority of the members or by the municipal officers. A quorum of the board necessary to conduct an official board meeting must consist of at least a majority of the board's members. The chairman shall preside at all meetings of the board and be the official spokesman of the board.

2. The secretary shall maintain a permanent record of all board meetings and all correspondence of the board. The secretary is responsible for maintaining those records which are required as part of the various proceedings which may be brought before the board. All records to be maintained or prepared by the secretary are public records. They shall be filed in the municipal clerk's office and may be inspected at reasonable times.

3. The board may provide, by regulation which shall be recorded by the secretary, for any matter relating to the conduct of any hearing, provided that the chair may waive any regulation upon good cause shown.

4. The board may receive any oral or documentary evidence but shall provide as a matter of policy for the exclusion of irrelevant, immaterial or unduly repetitious evidence. Every party has the right to present the party's case or defense by oral or documentary evidence, to submit rebuttal evidence and to conduct any cross-examination that is required for a full and true disclosure of the facts.

5. The transcript or tape recording of testimony, if such a transcript or tape recording has been prepared by the board, and the exhibits, together with all papers and requests filed in the proceeding, constitute the public record. All decisions become a part of the record and must include a statement of findings and conclusions, as well as the reasons or basis for the findings and conclusions, upon all the material issues of fact, law or discretion presented and the appropriate order, relief or denial of relief. Notice of any decision must be mailed or hand delivered to the petitioner, the petitioner's representative or agent, the planning board, agency or office and the municipal officers within 7 days of the board's decision.

6. The board may reconsider any decision reached under this section within 30 days of its prior decision. A vote to reconsider and the action taken on that reconsideration must occur and be completed within 30 days of the date of the vote on the original decision. The board may conduct additional hearings and receive additional evidence and testimony as provided in this subsection.

7. Any party may take an appeal, within 45 days of the date of the vote on the original decision, to Superior Court from any order, relief or denial in accordance with the Maine rules of Civil Procedure, Rule 80B. This time period may be extended by the court upon motion for good cause shown. The hearing before the Superior court must be without a jury.

(c) (Appeals. An appeal may be taken from any decision of the board of appeals to the Superior Court pursuant to the Maine Rules of Civil procedure.)
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