06/21/2012

Town Ways, Solid Waste ordinances sent to committee for updates

Two town ordinances are undergoing an overhaul.

The Town Council on June 11, 2012 referred to its ordinance subcommittee parts of the Town Ways Ordinance, and the solid waste article of the Health and Safety Ordinance.

Both references are an effort to keep town ordinances efficient, and up-to-date.

The subcommittee has already begun looking at changes to the Town Ways Ordinance that would shift appeals on driveway permits from the Town Council to the Zoning Board of Appeals.

The Zoning Board is "more set up to hear appeals," said Public Works Director Robert Malley. The quasi-judicial board issues variances to the Zoning Ordinance, and hears appeals of decisions of the code-enforcement officer/building inspector.

Currently, permits issued by the public works director for street entrances or driveways may be appealed to the Town Council, as was the case in a 2010 appeal of a permit for a driveway off of Stonegate Road. The Town Council ruled against the appeal, after more than two hours of testimony and deliberation that included a break to confer with counsel.

Council Chair Sara Lennon said at the June 11 meeting that the proposed change was a good one. "I think it's very hard as a council member to make these decisions because really its not in our purview, it's more legal than I think we should be doing so I applaud this," she said.

Local decisions on permit appeals can be further appealed to Maine Superior Court.

Proposed changes to the solid waste regulations update definitions such as "commercial hauler" and "recyclable material", as well as references to ecomaine, the regional waste management company that processes Cape Elizabeth's solid waste and recycling. The proposed revisions, which have yet to be reviewed by the ordinance committee, also codify policies and rules at the Recycling Center and give the public works director authority to enforce them.