NEW GLOUCESTER — The Planning Board will hold a public hearing on a proposed revision to the zoning ordinance related to appeal procedures for use determinations.

The hearing will be held at 7 p.m. on March 27 at the New Gloucester Meeting House at 389 Intervale Road.

When an applicant comes to the code enforcement officer seeking a building permit, the CEO makes a “determination of use.” Under the current ordinance, if the determination of use triggers site plan review by the Planning Board, the CEO’s decision can only be appealed to Superior Court.

Under the proposed revision, the determination of use decisions by the CEO triggering site plan review would instead by appealed to the local Board of Appeals.

Administrative and variance appeals from the decision of the CEO may be appealed to the Board of Appeals and from the Board of Appeals to the Superior Court, according to law.

The Board of Appeals shall have the following powers and duties, if the ordinance amendment is approved at the annual town meeting on May 7. This part of the draft warrant reads:

“The Board of Appeals shall hear and decide administrative appeals 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 CEO in his or her review of and action on a permit application under this Ordinance.

“When the Board of Appeals reviews a decision of the CEO, the B of A shall hold a ‘de novo’ hearing. At this time, the Board may receive and consider new evidence and testimony, be it oral or written. When acting in a ‘de novo’ capacity, the B of A shall hear and decide the matter afresh, undertaking its own independent analysis or evidence and the law, and reaching its own decision.

“The action of the CEO may be modified of reversed by the B of A by concurring vote of at least three members of the Board.”

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