06- 096 C.M.R. ch. 372, § 2 - Nature of Terms and Conditions

As specified in Section 483 of the Site Location Law, the Board may place terms and conditions on the approval of a proposed development. However, terms and conditions shall address themselves to specifying particular means of satisfying minor or easily corrected problems, or both, relating to compliance with the Site Location Law and shall not substitute for or reduce the burden of proof of the developer to affirmatively demonstrate to the Board that each of the standards of the Site Location Law has been met.

NOTE: In the case of In re: Belgrade Shores, Inc., 371 A.2d 413, 416 (1977), the Supreme Judicial Court of Maine stated:

"In addition to the express authority to impose conditions conveyed by Section 483, Section 481 mandates a 'flexible and practical' approach to site regulation. A series of disapprovals pending the applicant's correction of deficiencies in its proposal would achieve the same effect as conditional approval. We therefore view the choice between those two methods as a question of semantics and, as such, fully within the Board's discretion under Section 483. Further, we believe this conclusion consistent with the pragmatism espoused in Section 481. "

"That the Board found non-compliance with two of the four criteria listed in Section 484 does not, as appellants claim, require disapproval. Such a result would be neither practical nor flexible where the noncompliance is minor, easily corrected, or both."

Notes

06- 096 C.M.R. ch. 372, § 2