ORDINANCE TO ESTABLISH A BOARD OF APPEALS

The Town of Jay has enacted this Ordinance to establish a
Board of Appeals and administrative procedures to hear and decide
appeals where it is alleged that there is an error in any order,
requirement, decision or determination made by, or failure to act
by, the Code Enforcement Officer or the Planning Board in the
enforcement or administration of the Jay Shoreland Zoning
Ordinance or the Floodplain Management Ordinance for the Town of
Jay and by the Municipal Officers in the enforcement or
administration of the special amusement permits under 28-A
M.R.S.A. Section 1054 and to authorize variances upon appeals are
within the limitations set forth in this Ordinance or in this
Shoreland Zoning Ordinance or in the Floodplain Management
Ordinance for the Town of Jay. This Ordinance shall be liberally
construe to effectuate its purposes and policies.

This Ordinance is enacted pursuant to Article VIII Part
Second of the Constitution of the State of Maine and the. Laws of
the State of Maine, including, without limitation: 30-A M.R.S.A.
Section 3001 and Section 2691 and 28-A M.R.S.A. Section 1054.

B. It shall be the responsibility of the members of the
Board of Appeals to become familiar with the Shoreland Zoning
Ordinance and the Floodplain Management Ordinance for the Town of
Jay as well as the applicable state and federal statutes.

1.

C. It shall be the responsibility of the members of the
Board to become familiar with the community goals, desires and
policies as expressed in a "comprehensive plan", if any, and grant
the minimum relief which will insure that the goals and policies
of the plan are preserved and justice is done.

A. If any provision or section of this Ordinance, or the
application thereof to any person or circumstance, is held void or
invalid, such invalidity shall not affect other provisions or
applications of this Ordinance that can be given effect in whole
or in part without the invalid provision or application, and to
this end each provision of this Ordinance is declared to be
severable and independent. It is the intent of the Town of Jay
that each and every part, clause, paragraph, section and
subsection of this Ordinance be given effect to the degree
possible.

B. In any case where a provision of this Ordinance is found
to be in conflict with a provision of any other Ordinance or code
of the Town of Jay, existing on the effective date of this
Ordinance, the provision which established the higher standard for
the promotion and protection of health and welfare for the
community shall prevail.

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The Board shall consist of five members and up to three
associate members. Members of the Board and associate members
shall be residents of the State of Maine, at least eighteen 18
years of age and citizens of the United States at all times during
their terms, and shall neither be municipal officers or a spouse
of a municipal officer nor employees of the Town of Jay or any of
its boards, agencies or departments.

When a member is unable to act because of interest, physical
incapacity, absence or any other reason satisfactory to the
Chairman, the chairman shall designate an associate member to sit
and vote in his or her stead.

The members of the Board and associate members shall be
appointed by the Municipal Officers. Any individual selectman
shall have the authority and power to nominate one or -more
individuals for consideration of the Municipal Officers for
appointment to the Board of Appeals.

The Municipal Officers may declare a vacancy on the Board
upon the nonacceptance, resignation, death, removal, permanent
disability or incompetency of any member or associate, relocation

of a member's or associate's place of residence outside the State
of Maine, or failure of any person to qualify for office. In such
circumstances, the Municipal Officers shall fill all positions of
members or associate members; pending any such action, the
Chairman may designate an associate member to act to fill a
vacancy.

After notice and hearing, the Municipal Officers may remove
or dismiss any member of the Board or associate for cause before
the member or associate term expires. The term "cause" shall mean
conduct or conflict affecting the ability and fitness of the
member to perform his duties.

The notice provided hereunder shall be in writing and shall
state the reasons for the proposed removal and inform the member
or associate of his right to a hearing before the Municipal
Officers within thirty (30) days or receipt of the notice. This
hearing may be held in executive session if the requirements of 1
M.R.S.A. 405 are met or, upon request by the member or associate
to be removed, an open meeting may be held in accordance with 1
M.R.S.A. 401 et seq. and this Ordinance.

The Secretary, or other person so employed or so designated
by the Board, shall assist the Chairman in preparing the agenda
for Board meetings and proceedings, send out notice for meetings,
public hearings and other proceedings of the Board, record,
maintain and show the vote of each member on every question in
which a formal recorded vote is made under the procedure of the
Board or his or her absence or failure to vote, and shall maintain
a permanent record of all correspondence, findings, resolutions
and determinations of the Board. All records shall be deemed
public and may be inspected at reasonable times. The records
shall be filed in the Town Clerk's Office. The Secretary shall
also make such certifications of Board action as may be required
from time to time.

The Board may hold executive sessions as provided in the
Maine Freedom of Access Act, 1 M.R.S.A. 401 et seq. otherwise all
meetings, hearings, proceedings and deliberations of the Board
shall be open to the public in accordance with the Maine Freedom
of Access Act, 1 M.R.S.A. 401 et seq.

Workshops may be called by the Chairman or members designated
by the Chairman for the presentation of information. Workshops
shall be informational only, shall not be used by the Board for
the weighing of positions or reasons for or against a proposition,
and shall not be used by the Board for the formulation of formal
decisions on any matter.

Any member of the Board may voluntarily disqualify himself 01
herself from voting on a particular matter for any reason,
including conflict. In addition, a member shall be disqualified
from voting on a particular matter for any reason by a majority
vote of the members present and voting, except the member whose
disqualification is at issue shall not vote on his or her own
disqualification.

No business shall be transacted by the Board without a
quorum. A quorum shall consist of three members or associate
members authorized to vote. The Board shall act by a majority
vote, calculated on the basis of the number of members present,
the meeting may be adjourned for a period not exceeding three (3)
weeks at any one time. 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, said member shall not be counted by the
Board in establishing the quorum for such matter.

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The Board may grant a variance only where strict
application of the Shoreland Zoning Ordinance and
the Floodplain Management Ordinance for the Town of
Jay, or a provision thereof, to the petitioner and
his property would cause undue hardship. The words
"undue hardship" as used in this subsection mean:

b. That the need for a variance is due to the

The Board shall have the power to hear and
determine all appeals by any person directly
affected by any decision, action or failure to act
with respect to any license, permit, variance or
other required approval, or any application
therefore, including, the grant, conditional grant,
denial, suspension, or revocation of any such
license, permit, variance or other approval
(hereinafter a "Decision"):

7.

A. Any person aggrieved by an action which comes under the
jurisdiction of the Board pursuant to Section V must file such
application for appeal, in writing on forms provided within thirty
(30) days of the granting or denial of a permit. The applicant
shall file this appeal at the office of the Town Clerk, setting
forth the ground for his/her appeal. Upon receiving the
application for appeal, the Town Clerk shall notify the
Chairperson of the Board.

B. The fee to accompany applications for appeal shall be
twenty-five ($25) dollars. Checks are to be made payable to the
Town of Jay.

B. In the event they elect not to hold a public hearing the
Board shall decide the matter as expeditiously as possible giving
due regard to the applicant and the interested parties. The Board
shall cause notice of the date, time and place of such hearing,
the location of the building or lot, and the general nature of the
question involved, to be given to the person making the
application and to be published in a newspaper of general
circulation in Jay, at least two times, the date of the first
publication to be at least seven days prior to the hearing. The
Board shall also cause notice of the hearing to be given the
municipal officers, the Planning Board, the Code Enforcement
Officer, and the owners of property abutting that for which the
appeal is taken at least 21 days prior to the date of the hearing.

C. The Board shall provide as a matter of policy for
exclusion of irrelevant, immaterial, or unduly repetitious
evidence.

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6. The Board determines which individuals attending
the hearing are "interested parties." "Interested parties" are
those persons who are directly affected by the outcome of the
proceedings and who request to offer testimony and evidence and to
participate in oral cross-examination. They may include abutting
property owners and those who might be adversely affected by the
Board's decision. Parties may be required by the Board to
consolidate or join their interests or contentions are
substantially similar and such consolidation would expedite the
hearing. Municipal officers, the Planning Board, the Code
Enforcement Officer shall automatically be made parties to the
proceeding if they desire.

Other persons attending to the hearing and federal,
state, municipal, and other governmental agencies shall be
permitted to make oral or written statements and to submit oral
and written questions through the Chairman.

12. The Board shall receive comments and questions from
all observers and interested citizens who wish to express their
views.

13. The hearing is closed after all parties have been
heard. If additional time is needed, the hearing may be continued
to a later date. All participants should be notified of the date,
time and place of the continued hearing.

D. The Chairman may waive any of the above rules if good
cause is shown.

B. The final decision on any matter before the Board shall
be made by written order signed by the chairman. The transcript
or tape recording of testimony if such a transcript or tape
recording has been prepared by the Board and exhibits, together
with all papers and requests filed in the proceedings, shall
constitute public record. All decisions shall become a part of
the record and shall 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.

C. The Board, in reaching a decision, shall be guided by
standards specified in the applicable state laws, local
ordinances, policies specified in the Comprehensive Plan (if any)
and by Findings of Fact by the Board in each case.

D. In reviewing an application on any matter, the standards
in any applicable local ordinance or statute shall take precedence
over the standards of these rules whenever a conflict occurs. In
all other instances, the more restrictive rule shall apply.

E. The Board may reverse the decision, or failure to act,
of the Code Enforcement Officer or Planning Board only upon a
finding that the decision, or failure to act, was clearly contrary
to specific provisions of this ordinance or unsupported by
substantial evidence in the record.

F. Notice of any decision shall be mailed or hand delivered
to the petitioner or the petitioner's representative or agent, the
Planning Board, agency or office, the Code Enforcement Officer,
and the municipal officers within seven (7) days of the decision.

G. Decision of the Board shall be immediately filed in the
office of the Town Clerk and shall be made public record. The
date of filing of each decision shall be entered in the official
records and minutes of the Board.

H. Unless otherwise specified, any order or decision of the
Board for a permitted use shall expire if a building or occupancy
permit for the use is not obtained by the applicant within ninety
(90) days from the date of the decision; however, the Board may
extend this time an additional ninety (90) days.

decide -co reconsider any decision, notify all interested parties
and make any change in its original decision within 30 days of its
prior decision. A meeting to decide whether to reconsider shall
be called by the Chairman. The Board may conduct additional
hearings and receive additional evidence and testimony. The Board
and the person whose permit is under consideration may agree to
extend the time limits provided in this section.

B. Reconsideration shall only be for one of the following
reasons: