Kennebunk ZBA remands metal roof denial back to Historic Preservation Commission

The Kennebunk Zoning Board of Appeals voted to remand a Summer Street homeowner's appeal back to the Historic Preservation Commission, finding that the commission's factual findings denying a metal roof for a cottage were not supported by substantial evidence in the record. The board also approved several sets of past meeting minutes and discussed changes to its appeal application form.

Key points

• The board voted to remand the case to the HPC on approval criteria 1, 2, 3, and 9, with instructions to make specific findings of fact based on substantial evidence rather than broad conclusions.
• Appellants Anthony Santagati and Eileen McDonald argued the HPC denied their metal roof request without explaining why metal roofs are not historic, and that they lacked access to the audio recording of the HPC hearing while preparing their appeal.
• Chair Mike Kellis said the HPC's findings were "wholly inadequate" and noted the record contained no cited support for the conclusion that metal roofs are not historic.
• Board member Brenda Robinson disclosed her background as a builder with roofing experience and said she considers metal roofing historic.
• The board affirmed that the appeal was timely filed, that it had jurisdiction, that a quorum of four was present, and that the appellants had standing as owners of record.
• The board authorized the secretary to sign minutes from January 21, March 16, and April 21, 2026, and discussed revising the appeal application form to better distinguish administrative appeals from appellate appeals.

Next steps

• The case returns to the Historic Preservation Commission for further proceedings with instructions to issue factually sufficient findings.
• The board noted a 45-day window in which its decision could be appealed to Superior Court.
• Board members plan to revise the ZBA appeal application form and revisit the question of whether the code enforcement officer must attend administrative appeals.
• Minutes from additional meetings are to be reviewed and approved at a future meeting.

Read the full transcript