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A Newsletter by the City of Saco, Maine	April, 2005	Return to newsletter index

Serving on a municipal board of appeals is probably one of the most difficult jobs that a citizen can volunteer to do. The board of appeals, more than any other local board, generally performs the same function at the local level as an appeals court judge. Like a judge, the appeals board must decide difficult questions in accordance with local ordinances, State laws, and court cases. Often those decisions will seem harsh and contrary to "common sense," both to board members and to the general public. This is particularly true when the board is asked to decide a request for a variance. However, the board is bound to follow the law until the law is changed. Explaining this to citizens seeking help from the board probably is one of the board's most unpleasant tasks.

The Saco Zoning Board is charged with hearing certain appeals from decisions made by other officials and/or boards within the City. For example, if the Building Inspector denies a building permit application and the applicant feels that the denial is based on an erroneous interpretation of the Zoning Ordinance or Building Code, he or she can file an Administrative Appeal to the Zoning Board. Not only does the applicant have this right, but also the right to appeal the Building Inspector's decision can be made by a party that has a right, title or interest in the property affected by the building permit application. This usually means a neighbor or other party that may be adversely affected by the approval of the project.

Here are some other matters that can be appealed to the Zoning Board:

Decisions of the Planning Board on conditional use permit applications.
Decisions of the Historic Preservation Commission on Certificates of Appropriateness.
Decisions regarding land use in the Shoreland Zoning districts of Saco
Interpretations of the Building Code by the Building Inspector.
Variances from the space and bulk requirements (setback and sizes) found in the Saco Zoning Ordinance.

When a building permit is denied because an applicant cannot meet one of the space and bulk requirements of the Zoning Ordinance (like a minimum setback distance from a building to a property line, or the maximum height of a building), a person may apply for a variance from the strict application of the regulations of the Zoning Ordinance. These are known as Variance appeals and are very difficult to obtain. This is not because the local Zoning Board is made up of mean people, but because State law requires that any variance be granted only when a four point hardship test can be met. These four points are very difficult to prove, especially if the property is currently being used or has a structure on it. If a person seeking a variance cannot prove all four points, the Zoning Board has no choice but to deny the application. Once an appeal is denied, a similar application cannot be resubmitted until 2 years have passed.

The Board schedules their meetings on the first Monday of each month so long as they have business to transact. Any applications to the Zoning Board must be filed at least two weeks prior to their meeting as the City must send out notices to all abutters and publish a legal notice in the newspaper at least 7 days before any meeting.

When you file an application, it is always best to meet with a Code Enforcement Officer so that we can review the application to make sure all the information is in the packet. The most common reason for tabling an application is because some piece of critical information is missing which causes applicants a delay.

Members of the Saco Zoning Board of Appeals are:

Chris DiMatteo, Chairman
George Chase, Vice-Chairman
John Cote
Robert Dziadzio
Tim Christenbury
Richard Parker
Donna Bailey