Authored by: Betsy Fitzgerald, Erskine Academy
Grade Level: 5-8, 9-12 (adaptable for all these age groups)
Appeals
Board Decision-Making
Authored by: Betsy
Fitzgerald, Erskine Academy
Grade Level: 5-8, 9-12 (adaptable for all these age groups)
The MLR performance indicators listed below are for illustrative purposes. Depending on the focus of the lessons as developed by individual teachers, these indicators may or may not be addressed. Conversely this is not a definitive listing of all of the performance indicators which could be addressed in this lesson.
MLR - Middle Grades: Social Studies: (Civics A - 4, B - 3); Language Arts: ( Information D - 5, 6, 8), (Writing/Speaking E - 3), (Conventions F-2), (Stylistic G-4,6,7), (Research H-1,8,9); Career Prep: (A - 2, C -3, D -1,4)
MLR - Secondary Grades: Social Studies: (Civics A - 2, B - 2,), ; Language Arts: (Information D - 1, 2,3,5), (Writing/Speaking E - 4), (Conventions F-3), (Stylistic G-5,9), (Research H - 1, 9, 12); Career Prep: (A - 1, C - 1, 4, D - 1)
Task Description
Students will research the responsibilities of Appeal Board members. After research and discussion, students will model an Appeals Board meeting and participate in a decesion-making exercise.
Student Products/Performances
Students may be introduced to the concept of Appeals Boards by the teacher and/or by an Appeals Board member if possible.
After students have discussed the range of decisions made by an Appeals Board, an appropriate activity would involve making a decision and stating specific reasons for the decision.
The scenario (particularly effective if taken from an actual situation in the local area) is then presented (could be a role play).
Sample situations:Students could research background materials, similar situations and their remediations, and present the scenario to the rest of the class.
What works well is to have groups present a scenario and select one member of each group to make up the Appeals Board for that presentation - selecting a new Appeals Board for each scenario.
Resources
30-A M.R.S.A. § 2691, Board of Appeals
MMA's Appeals Board manual (or selected pages):
Chapters II through VII;
Board of Appeals Ordinance;
Chairman's "Aide Memoire" for Conducting ZBA Variance Hearings;Sample Forms and Decisions:
Application for Variance or Appeal to Board of Zoning Appeals;
Application for a Permit;
Request for Additional Information;
Notice of Public Hearing to Property Owner;
Notice of Public Hearing;
Notice of Decision;
Notice of Administrative Appeal Decision;
Notice of Variance Decision;
Permit;
Official Record of the Board of Appeals;
Certificate of Variance Approval - Planning Board;
Certificate of Variance Approval - Zoning Board
How to Conduct an Appeal-Proof Hearing on Zoning Issues: Following Appropriate Procedures is Necessary, Maine Townsman, May 1997;
How to Conduct a Public Hearing, Maine Townsman, April 1998;
Ordinance Enactment, Maine Townsman, April 1989;
Zoning Variances Should Be the Exception, Not the Rule, Maine Townsman, December 1986;
Right to Know, Maine Townsman, November 1990
A visit from a member of a local Appeals Board
Criteria for Evaluating Quality of Product or Performance
Students will be able to show understanding of the scope of decision-making of an Appeals Board. Model appropriate behaviors for a hearing and actively participate as a member of a Appeals Board. Show cause and effect of the decision rendered.