Boothbay Harbor selectmen will hold a hearing March 28 on 12 proposed ordinance changes for the annual 2022 town warrant. Changes include clarifications of code enforcement procedures, streamlining of preapplication and application processes, fee schedules, select board quorum and terms and definitions.

Several of the changes are one-word additions or removals. §170-15(A) directs the code enforcement officer take action when information to obtain a permit is in error or work has overstepped the granted permit; the change from “shall” to “may” would allow the CEO discretion over whether or not a stop-work order is appropriate. Similarly, two changes to notices of violations and fines (§170-20(A, C)) remove certified mail-specific notification and allow the CEO discretion over ordering discontinuance of illegal activity and levying fines.

Sketch plan submissions for subdivision preapplications (§170-104 (A)[1][b]) change to 21 days prior to a regular planning board meeting rather than the first meeting of the month. Other changes in the subsubsection distinguish the sketch plan from a full application – removing “application” from “sketch plan application” – and adds up-to-date tax payment as a prerequisite for planning board review.

Subdivision preapplication rules undergo other sweeping changes with subsubsections losing entire paragraphs in favor of briefer language. For example, [4] reads: “Walks, curbs, gutters, culverts and other known and located underground structures within the tract and immediately adjacent thereto.” The change: “Proposed streets, number of lots, and general layout.” New language under (b) and new subsubsection (c) would allow the planning board to request additional information and vote to conduct a site visit and to accept or reject sketch plans.

The board of appeals’ powers and duties (§170-108(D)(2)(a)) outlines remanding planning board or CEO decisions to consider additional information and to modify or reverse decisions. Changes strike one passage and add another: “The action or inaction of the Code Enforcement Officer or Planning Board may be modified or reversed by majority vote of those present and voting. This may include enforcement actions.” The change: “Any order, requirement, decision, or determination made, or failure to act, in the enforcement of this Code is not appealable to the Board of Appeals.” Another change makes the appellant responsible for the costs of advertising hearings in the local newspaper twice and notifying abutters by certified mail.

Select board quorum (§2-5(A)) will have an official definition in the ordinance: a regular majority of members. With a five-person board, three would need to be present to conduct business and any votes taken would need to be unanimous, a majority of the full board, to pass. The change also allows an exception for the board’s capacity in ruling over wharves and weirs hearings where a majority of present members could pass a vote.

Changes to §170-66(A)(3, 9) would eliminate an ultimatum forcing the CEO to determine whether or not a site plan review application is complete. It allows the CEO to accept additional information completing the application so it can proceed to the planning board. With site plan review approvals expiring after three years, the CEO would have power under the changes to determine whether or not substantial development has occurred and the applicant can resume the development.

The remaining changes allow selectmen to determine fees for amusement licenses and amusement device licenses; define art galleries, museums and libraries and enter them, as a single category, into the schedule of uses; declare mobile food vending apparatuses as separate uses; and strike a duplicate label within the schedule of dimensional requirements.

The hearing will start at 6:30 p.m. March 28 via Zoom. The board’s regular meeting will follow at 7 p.m. with warrant approval among other business. To connect via Zoom: https://us02web.zoom.us/j/88971460712. To connect by mobile, call: 1-929-205-6099. To connect by landline, call: 1-929-205-6009. When prompted, use meeting ID: 889 7146 0712