Planning Board of Appeal

[Amended 2-24-2025 by Ord. No. 2025-4]

A. The Zoning Board of Review shall sit as the Board of Appeal, to hear an appeal by an aggrieved party from any decision of the Administrative Officer charged in the regulations with enforcement of any provisions, except as provided in this section. Decision by the Administrative Officer approving or denying projects under R.I.G.L. § 45-23-38 or R.I.G.L. § 45-23-50 shall not be subject to this section and shall proceed directly to Superior Court as set forth in R.I.G.L. § 45-23-71. Such appeal must be taken within 20 days after the decision has been recorded and posted in the office of the Town Clerk. The appeal shall be in writing and shall state clearly and unambiguously the issue or decision which is being appealed. Upon receipt, the Board of Appeal shall require the Administrative Officer to transmit all papers, documents, or plans, or a certified copy, constituting the record of the action. The appeal shall either be sent by certified mail, with return receipt requested, or be hand-delivered to the Board of Appeal. An appeal shall stay all proceedings in furtherance of the action being appealed.
B. The Board of Appeal shall hold a public hearing on the appeal within 45 days of the receipt of the appeal, give public notice, as well as due notice to the parties of interest. At the hearing the parties may appear in person or be represented by an agent or attorney. The Board shall render a decision within 10 days of the close of the public hearing. The cost of notice required for the hearing shall be borne by the appellant. The hearing of the Board of Appeal may be held on the same date and place as the Zoning Board of Review. However, such meeting shall be held as a separate meeting from any Zoning Board of Review meeting and separate minutes and records of votes shall be maintained by the Board of Appeal. The Board of Appeal shall keep complete records of all proceedings including a record of all votes taken, and shall put all decisions on appeals in writing. The Board of Appeal shall include in the written record the reasons for each decision.
C. The Board of Appeal shall not substitute its own judgment for that of the Administrative Officer, but must consider the issue upon the findings and record of the Administrative Officer. The Board of Appeal shall not reverse a decision of the Administrative Officer except on a finding of prejudicial error, clear error, or lack of support by the weight of the evidence in the record.
D. The concurring vote of three of the five members of the Board of Appeal sitting at the hearing shall be necessary to reverse any decision of the Administrative Officer.
E. In the instance where the Board of Appeal overturns a decision of the Administrative Officer the proposed project application shall be remanded to the Administrative Officer at the stage of processing from which the appeal was taken, for further proceedings before the Administrative Officer and/or the final disposition, which shall be consistent with the Board of Appeal's decision.
F. An aggrieved party may appeal a decision of the Board of Appeal, a decision of the Administrative Officer made pursuant to R.I.G.L. § 45-23-38 or R.I.G.L. § 45-23-50 where authorized to approve or deny an application, a decision of the technical review committee where authorized to approve or deny an application, or a decision of the Planning Board, to the Superior Court, pursuant to R.I.G.L. § 45-23-71, filing such complaint stating the reasons for the appeal within 20 days after the decision has been recorded and posted in the Town Clerk's office. Recommendation by any public body or officer under this chapter are not appealable under this section.
G. Appeals from decisions granting or denying approval of a final plan shall be limited to the elements of the approval or disapproval not contained in the decision reached by the permitting authority at the preliminary stage, providing that a public hearing has been held on the plan, if required pursuant to this chapter.