Cope v. Inhabitants Of The Town Of Brunswick

464 A.2d 223 (Me. 1983)

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Nature of the Case

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Facts

On May 16, 1982, Cope (P) sought an exception to the local zoning ordinance in order to build apartments in an area zoned for residential use. P wanted to construct eight six-unit apartment buildings on a 21-acre parcel of land. The land was wooded and classified as for suburban A residential use. Under section 402 of the ordinance, multi-unit apartment buildings are permitted in suburban A residential zones only as an exception granted by the Board of Appeals. Section 1107 of the ordinance lists the criteria for obtaining an exception. The applicant must prove that the use requested will not adversely affect the health, safety, or general welfare of the public, that the use will not tend to defeat the purpose of the ordinance set forth in Section 101 or the Comprehensive Plan, and that the use will not tend to devaluate or alter the essential characteristics of the surrounding property. P was also required to submit diagrams or photos to illustrate the required elements of proof. After the required public hearing, the Board found that Ps’ project complied with the ordinance in all respects except for subsections 2 and 4. The Board found that the use would pose problems that would endanger the safety of the public and that the project would result in drastic changes to the basic characteristics of the neighborhood to a denser and heavily traveled area. The Town of Brunswick (D) denied the application. P appealed, claiming that the ordinance was unconstitutional because it represented an improper delegation of legislative authority to the board. The Superior Court affirmed the denial.