KENNEBUNK – On Thursday night, Kennebunk’s Zoning Board of Appeals heard a Ross Road resident’s appeal to overturn the June 19 Kennebunk Site Plan Review Board’s decision on the proposed commercial development at 70-72 Portland Road (Ross Road/Route 1 intersection).
The appeal by Carrie Alford was dismissed for lack of jurisdiction due to the late filing of the notice of appeal. There is a 30-day appeal period as prescribed by Article 11, Section 5 H and Article 6, Section 3 of Kennebunk’s zoning ordinance.
Appellant Carrie Alford acknowledged that the appeal was filed late but sought a waiver under the federal Americans with Disabilities Act due to family circumstances.
Alford had consulted with a lawyer about “equity and fairness,” which could allow such a waiver. “I think that based on federal law as it applies to the ADA, there are provisions for allowing people with extreme circumstances to be heard, and that’s what we’re asking for,” stated Alford.
“This isn’t a federal court,” replied Chair Stephen Sayers. “We’re just a humble Zoning Board of Appeals and our duty is to abide by the terms of our zoning ordinance and that ordinance couldn’t be clearer in connection with the appeal period, which is 30 days and no longer.”
Attorney Michael Carey, representing the ZBA, agreed with Sayers, further stating that if residents wanted to make that ordinance change they could, but as it currently stands, the federal law does not apply.
Sayers stated several times that the law was clear. Appeal periods are jurisdictional, meaning because the 30-day requirement was not met, there was no authority for the ZBA to hear the case. Ultimately, the ZBA voted three in favor of dismissing the appeal, with member Brenda Robinson abstaining.
In conclusion, member Wayne Berry stated that if the Alfords wished to pursue their case further, the ZBA decision could be appealed to the York County Superior Court within 45 days. This is in accordance with Kennebunk’s zoning ordinances and provisions of Maine law.
The ZBA will hear one more appeal of the SPRB decision on August 31 at 6:30 p.m. The appellants are Ross Road residents Richard and Audrey Williamson. The meeting is open to the public. Live viewing is available on CableCast or Spectrum and all meetings are archived under ZBA agendas and minutes on the town website.
