Appeals to the zoning board

(a) Procedure. An appeal to the board from a decision of any other agency or officer (including the ZEO, the HDC and the planning board), may be taken by an aggrieved party. Such appeal shall be taken within 20 days of the date of the recording of the decision of the officer or agency, or within 20 days of the time when the aggrieved party knew or should have known of the action or decision of such officer or agency. The appeal shall be commenced by filing an application with the board, with a copy to the officer or agency from whom the appeal is taken, specifying the ground thereof; and, by mailing a copy of the appeal that is date stamped by the Town of Bristol to the owner and/or applicant of the premises by certified mail return receipt requested and by regular mail. The officer or agency from whom the appeal is taken shall forthwith transmit to the board all papers, including any transcript or audio tapes, constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning board.

(b) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer or agency from whom the appeal is taken certifies to the board, after the appeal shall have been duly filed, that by reason of facts stated in the certificate, a stay would in the officer's or agency's opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by a court of competent jurisdiction on application thereof and upon notice to the officer or agency from whom the appeal is taken on due cause shown.

(c) Public hearing. The board shall hold a hearing of the appeal within 45 days of receipt of the application for an appeal, give public notice thereof in the same manner as set forth in subsection 28-409(b), as well as due notice to the parties of interest, and decide the same within 20 days of the close of the hearing. At the hearing, any party may appear in person or by agent or by attorney. In the case of an appeal, the agency or official from whom the appeal has been taken shall appear at the hearing to answer questions of the zoning board or present an argument in defense of the action appealed from, as the case may be. Where it is an agency, such as the planning board or the historic district commission, whose action is being appealed, such agency shall designate one member or staff person to represent it before the board. Other members of such agency may appear, but only in the capacity of private citizens. The cost of any notice required for the hearing shall be borne by the appellant.

(d) Decisions and records of the board. In exercising its powers in ruling, the board may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly and may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the officer or agency from whom the appeal was taken. All decisions and records of the board respecting appeals shall conform to the provisions of subsection 28-407(i).