Sawyer v. Town of Cape Elizabeth

[¶ 1] The primary question presented by this appeal is whether the Cape Elizabeth Planning Board’s modification of a requirement of the open space zoning standards of Cape Elizabeth’s zoning ordinance violates 30-A M.R.S.A. § 4353 (1996 & Supp. 2003), which reserves the authority to grant zoning variances to Zoning Boards of Appeals. Because we conclude that the modification violated section 4353, and also conclude that the Board failed to make required findings regarding the subdivision’s buffer, we vacate the Superior Court’s (Cumberland County, Warren, J.) judgment affirming the Board’s…