LIVERMORE FALLS – The Board of Appeals will meet Tuesday to hear a legal opinion on whether the Planning Board followed the Site Plan Review Ordinance when it approved an application for Journeys End, a pet crematory, in October 2012.

The legal opinion received is that the Planning Board did follow the town’s ordinance when it approved the application submitted by Michelle Pomeroy and Matthew Perkin, James Butler Jr., the town’s code enforcement officer, said Friday.

The couple plans to set up an incinerator at their residence at 18 Brookside Ave. in a detached garage.

According to the application procedure in the ordinance, “any requirement may be modified or waived by the Planning Board,” Butler said.

The town’s attorney recommended that the Planning Board cite specifically in the future what they are waiving to make the decision clearer, he said.

The appeals board is expected to make a determination on the appeal at 7 p.m. Wednesday, Jan. 8, at the Livermore Falls Town Office. It had tabled action on an administrative appeal submitted by abutters Tarek and Heather Nadeau of 10 Brookside Ave. in December to get a legal opinion.

This will be a meeting not a public hearing, Butler said.

The appeals board has held two hearings on separate appeals since the Planning Board initially approved the site plan review on May 30, 2012. The appeals board agreed there was an error in notification in the first appeal and sent it back to the Planning Board to conduct a new process. The second appeal cited the Planning Board for not following proper procedure in regard to the ordinance.

dperry@sunjournal.com