§ 505. Board of Appeal

A. Board of Appeal Appeals of decisions of the Planning Board, or the Administrative Officer, on matters of review and approval of land development and subdivision projects shall be made to the Board of Appeal.

B. Procedure Any party aggrieved by a decision of the Planning Board, or the Administrative Officer, shall have the right to appeal that decision to the Board of Appeal by the following procedure:

1. The appeal must be filed within twenty (20) days after the decision has been recorded and posted in the Town Clerk's office or otherwise documented in written form as may be required by these Regulations.

2. The appeal shall be writing, on a form provided by the clerk of the Planning Board, and shall state clearly and unambiguously the issue or decision which is being appealed, the reason for the appeal, and the relief sought.

3. The appeal shall either be sent by certified mail, with a return receipt requested, or shall be hand delivered, to the office of the clerk of the Board of Appeal.

4. Upon receipt of an appeal, the Board of Appeal shall require the Planning Board, or Administrative Officer, to transmit forthwith to the Board of Appeal all papers, documents, and plans, or a certified copy thereof, constituting the record of the action that is being appealed.

5. An appeal shall stay all proceeding in furtherance of the action being appealed.

C. Public Hearing by the Board of Appeal.

1. Public Hearing. The Board of Appeal shall conduct a public hearing on each appeal within forty five (45) days of receipt of the appeal by the Board of Appeal. The public hearing shall be conducted at a meeting called and advertised especially for that purpose, and shall be conducted separately from any Zoning Board of Review meeting that may be advertised for the same date and place. The Board of Appeal shall maintain a complete record of all of its proceedings, including minutes of meetings and records of votes taken, which shall be separate from the minutes and records of the Zoning Board of Review.

2. Notice of Public Hearing. Notice of public hearing shall be as provided in the Zoning Ordinance for proceedings before the Zoning Board of Review. The party filing an appeal shall bear the costs of advertising and mail notice.

3. Representation at Hearing. At the hearing, any party may appear in person, or may be represented by an agent or attorney.

4. Review and Disposition. The Board of Appeal shall render a decision on the appeal in the following matter:

a. The Board of Appeal shall not substitute its own judgment for that of the Planning Board, or Administrative Officer, but shall consider the issue upon the findings and record of the Planning Board or Administrative Officer. The Board of Appeal shall not reverse a decision of the Planning Board or Administrative Officer except on a finding of prejudicial error, clear error, or lack of support by the weight of the evidence of the record.

b. The concurring votes of three (3) of the five (5) members of the Board of Appeal sitting at the hearing shall be necessary to reverse any decision of the Planning Board or Administrative Officer.

c. In the instance where the Board of Appeal overturns a decision of the Planning Board or Administrative Officer, the proposed project shall be remanded to the Planning Board or Administrative Officer at the stage of processing from which the appeal was taken, for further proceedings before the Planning Board or Administrative Officer and/or for final disposition in a manner consistent with the decision of the Board of Appeal.

d. The Board of Appeal shall render a decision within ten (10) days of the close of the public hearing. The decision shall be in writing and shall include reasons for the decision.