Within ten (10) days of the filing of an application, the Planner shall determine whether the application is complete. If the application is not complete, the Planner shall notify the applicant in writing of the information needed to make the application complete. The Planning Board shall hold a public hearing on the application within thirty (30) days of determining that the application is complete.
1. The Planner shall notify by regular U.S. mail, first class, postage prepaid, the applicant and the owners of all abutting property involved at least ten (10) days in advance of the hearing, of the nature of the application and of the time and place of the public hearing. Notice shall also be advertised at least seven (7) days in advance in a newspaper of general circulation in the area.
2. The owners of property shall be considered to be those against whom taxes are assessed. Failure of any property owner to receive a notice of public hearing shall not necessitate another hearing or invalidate any action by the Planning Board.
3. The Planner, Code Enforcement Officer, or a designated assistant shall attend all hearings and may present to the Planning Board all plans, photographs or other material deemed appropriate for an understanding of the application.
4. The applicant’s case shall be heard first. To maintain orderly procedure, each side shall proceed without interruption. Questions may be asked through the Chair. All persons at the hearing shall abide by the order of the Chairman.
Hearing Decison
1. Within thirty (30) days of the public hearing the Planning Board shall reach a decision on the Conditional Permitted Use application and shall inform, in writing, the applicant and the Code Enforcement Officer of its decision and shall prepare detailed finding and conclusions. Upon notification of the decision of the Planning Board, the Code Enforcement Officer, as instructed, shall immediately issue, issue with conditions prescribed by the Board, or deny a Building Permit.
2. A Conditional Permitted Use Permit secured under the provisions of this ordinance by vote of the Planning Board shall expire if the work or change involved is not substantially started within two (2) years of the date on which the Conditional Permitted Use is authorized.
3. Any party may take an appeal within forty five (45) days of the vote on the original decision, to Superior Court from any order, relief or denial in accordance with Maine Rules of Civil Procedure, Article 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.
4. The Planning Board may reconsider any decision reached under this section within thirty (30) days of its prior decision. The Board may conduct additional hearings and receive additional evidence and testimony as provided in this subsection.
