Richard M. Balano v. Town of Kittery

[¶ 1] Richard M. Balano appeals from a judgment of the Superior Court (York County, O’Neil, J.) affirming the Town of Kittery Planning Board’s decision to approve a site plan application for development of a hotel on Route 1. M.R. Civ. P. 80B(n); M.R. App. P. 2. Balano argues that the flat-roof design for the building is not permitted by the Town’s ordinance because the evidence presented to the Board does not support its finding that a pitched roof is not “practicable,” see Kit-tery, , Me., Code § 16.3.2.11(D)(3)(b)(ii) (July 26, 2010); and that the proposed building will exceed height…