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The Town Office will be open on Mondays & Wednesdays
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Re: Zoning Board of Appeals
Dear Selectman Pierpont,
In response to the inquiry posed on August 28, 2025 regarding an appeal to the Somerville Zoning Board of Appeals (“ZBA”), in which the question was posed as to whether a remand was proper after dismissal of the resident’s complaint, I propose the following opinion.
The ZBA was presented with an appeal from a resident concerning the zoning of a daycare center that was objected to by the resident. The ZBA, after hearing, dismissed the appeal for lack of standing. However, after dismissal, the ZBA wished to bring to the Somerville Planning Board issues regarding the permit issuance to the daycare center. In wishing to do so, the ZBA remanded the issue to the Planning Board in order to address this issue.
In this context, remand to the planning board was not appropriate. Per the ruling of the ZBA, the appeal of the residents of Somerville was dismissed for lack of standing as the residents were not aggrieved by the zoning and permit applicable to the daycare in question. Once a matter is dismissed for lack of standing at the ZBA, it cannot then be remanded to the Planning Board. This is due to the fact that after dismissal for lack of standing, there is nothing to be remanded; the matter is dismissed and finalized if and until the residents of Somerville made an appeal under the Maine Rule of Civil Procedure 80(B) to the Superior Court.
Finally, the ZBA is the final decisionmaker as to the judgments like these, and there was no hearing at the Planning Board level regarding this challenge. As such, remand is not the appropriate vehicle in this circumstance to address perceived issues with permitting after dismissal. If the ZBA wants to raise the permitting issue, it may do so before the Planning Board at their next meeting. However, the Town’s involvement as to the residents of Somerville’s appeal is over and may not be recommenced following dismissal for lack of standing by the ZBA.
Very sincerely,
Trevor Brice
Counsel for Town of Somerville
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UPCOMING MEETINGS:
Planning Board Meeting - Wednesday September 10 @ 6PM Town Office
Autumn Harvest Festival Meeting - Tuesday September 16 @ 6 PM Town Office
2025 Commitment of Taxes - Wednesday, September 17 @ 6 P.M. Town Office
Appeals Board Meeting - Wednesday September 24 @ 6 PM - Town Office
Autumn Harvest Festival - Saturday, October 4, time and location TBD
SMBB (Broadband) Meeting - Monday, October 13? @ 6 P.M. Zoom. Link below https://us06web.zoom.us/j/87895706767?pwd=fFz114mxcvA6sgT1N9LiXfuapToFpu.1
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Monday October 13, 2025 (Columbus/Indigenous Peoples Day)
Who We Are
Who We Are
We are a quiet rural town with a tradition of community. Many of us are from families who settled here in the 1800s; the rest of us moved here because we value the peace and privacy of small town life. We are located about half an hour inland from the mid-coast, close enough to access its many diversions, but far enough to escape the bustle.
We are a quiet rural town with a tradition of community. Many of us are from families who settled here in the 1800s; the rest of us moved here because we value the peace and privacy of small town life. We are located about half an hour inland from the mid-coast, close enough to access its many diversions, but far enough to escape the bustle.
We wouldn't have it any other way!
We wouldn't have it any other way!
Although we don't have the dramatic scenery of the coast or the mountains, we enjoy the more personal beauty of our backyards. We have a few ponds, a few hills, lots of forest, and miles of dirt roads -which keeps us from going too fast and missing the beauty around us! Most of us like it this way (it sure keeps life interesting in mud season!) Going forward, we are working on rebuilding our dirt roads and updating our comprehensive plan, so we can keep it this way for generations to come.
Although we don't have the dramatic scenery of the coast or the mountains, we enjoy the more personal beauty of our backyards. We have a few ponds, a few hills, lots of forest, and miles of dirt roads -which keeps us from going too fast and missing the beauty around us! Most of us like it this way (it sure keeps life interesting in mud season!) Going forward, we are working on rebuilding our dirt roads and updating our comprehensive plan, so we can keep it this way for generations to come.
We may not have a general store or a post office, but we do have a friendly town office. Stop in and visit!
We may not have a general store or a post office, but we do have a friendly town office. Stop in and visit!
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