645 A.2d 3 | Me. | 1994
Plaintiff James Otis appeals from a judgment entered in the Superior Court (Cumberland County, Brennan, J.), affirming a Town of Sebago Board of Appeals (Board) decision in which the Board had determined that Otis’s appeal from the Town Code Enforcement Officer’s (CEO) issuance of a building permit was untimely. Otis contends that his appeal from a subsequent decision of the CEO refusing to revoke the building permit was timely, or, in the alternative, that he met the local ordinance’s “good cause” exception to the thirty-day appeal period. We find no merit in either contention, and affirm.
On April 15, 1992, the CEO issued a building permit to relocate and reconstruct into a guest house an existing structure on the property of defendants Michael and Jane Borsetti. No notice was given to Otis, an abutting neighbor, that the permit was issued. Foundation construction for the guest house began in September 1992; it was at this time that Otis first became aware of the construction. At that point, Otis contacted the CEO who informed him of the permit and the nature of the construction occurring on the Borsettis’ lot. Otis, however, took no further action on the matter until December 30, 1992, when he requested by letter that the CEO revoke the April 1992 permit. The CEO refused this request by letter on January 19, 1993. On January 30, 1993, Otis submitted an application for appeal from that refusal to the Board. The Board denied the appeal after a hearing, concluding that it was not timely.
Pursuant to M.R.Civ.P. 80B, Otis sought judicial review by the Superior Court, which affirmed the Board’s decision. Otis then appealed to this court. Because this appeal is taken from a Superior Court review of actions taken by a zoning board of appeals, the record before the Board is examined to determine if the Board abused its discretion, committed an error of law, or made findings not supported by substantial evidence. Boisvert v. King, 618 A.2d 211, 213 (Me.1992).
The Town’s Shoreland Zoning Ordinance requires appeals from decisions of the CEO to be taken within thirty days.
Otis also contends that the Board abused its discretion in refusing to grant him
The entry is:
Judgment affirmed.
All concurring.
. Sebago, Me., Shoreland Zoning Ordinance § 16(G)(3) provides that:
(a) Making an Appeal
(1) An administrative or variance appeal may be taken to the Board of Appeals by an aggrieved party from any decision of the Code Enforcement Officer or the Planning Board. Such an appeal shall be taken within thirty (30) days of the date of the decision appealed from, and not otherwise, except that the Board, upon a showing of good cause, may waive the thirty (30) day requirement.