Board of Appeals
Westport Island’s Planning Board reviews, revises or initiates land use ordinances which provide rules and guidelines for the permitted development of commercial and residential property.
The Board of Appeals, which derives its authority from State law (Title 30-A Section 2691), has appellate review authority over Planning Board and Code Enforcement Officer decisions. If those affected by the Planning Board’s or Code Enforcement Officer’s decision feel an error has been made in the application of administrative requirements, they may request a new hearing from the Board of Appeals.
All Westport Island’s building and land use ordinances are available for viewing at (include links to the page with the Building Code; Minimum Lot Size Ordinance; Model Addressing Ordinance; Subdivision Ordinance; Cluster Residential Development Ordinance; Floodplain Ordinance; Site Plan Review Ordinance; Pipeline Control Ordinance; and Shoreland Zoning Ordinance.)
What the Board of Appeals Does
The Board of Appeals’ role is to hear appeals of administrative and variance decisions made by the Planning Board or the Code Enforcement Officer within thirty (30) days of the date of the official, written decision they are appealing.
Board members are appointed by the Board of Selectmen: five members for terms of five years; and two alternatives for terms of three years. It hears cases “de novo” giving a party a second chance to make a case. The Board hears evidence and has the power to reverse a decision if it finds cause to do so. Its role as set out in local ordinance includes:
- Administrative Appeals: To hear and decide administrative appeals, on an appellate basis, where it is alleged by an aggrieved party that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Planning Board in the administration of town building and land use ordinances; and to hear and decide administrative appeals on a de novo basis where it is alleged by an aggrieved party that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Code Enforcement Officer in his or her review of and action on a permit application under this Ordinance. Any order, requirement, decision or determination made, or failure to act, in the enforcement of this ordinance is not appealable to the Board of Appeals;
- Variance Appeals: To authorize variances upon appeal, within the limitations set forth in town building and land use ordinances.
The Board of Appeals will hold a public hearing within thirty-five (35) days of receiving a completed written application, unless this time period is extended by the parties.
For questions or more information, contact the Chair, Neil Cavanaugh, (207) 882-9675
|Neil Cavanaugh||Chair||2020||(207) 882-9675|
|E. Davies Allan||Member||2021|