Appeals to the Zoning Board

A. Procedure and time limits. An appeal to the board from a decision of any zoning enforcement agency or officer, the planning board, historic district commission, or from any other officer, agency or board of the town for which the zoning board is designated as the appeal board, may be taken by an aggrieved party. Such appeal shall be taken within five (5) days of the date of notice of violation if taken by a recipient of a notice of violation, and within fifteen (15) days of the date of the recording of the decision of the officer or agency, or within fifteen (15) days of the time when the aggrieved party knew or should have known of the action or decision of such officer or agency if taken by a third party. 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 grounds thereof. The cost of the notice required for the hearing shall be borne by the appellant. The officer or agency from whom the appeal is taken shall within five (5) days 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 director of the planning department.

B. Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer 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 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 from whom the appeal is taken on due cause shown. Provided, however, that no continuance from the time periods set forth in section 909.C. shall be given to any appellant, unless such appellant agrees to and does immediately cease the action or conduct being appealed.

C. Public hearing—Time limit. The zoning board of appeal shall schedule a hearing of an appeal for the next regular meeting of the board for which notice may still legally be given, and shall give public notice thereof, as well as due notice to the parties of interest. If after an appeal has been duly filed, the officer from whom the appeal is taken certifies to the board that, by reason of facts stated in the certificate, a stay would, in the officer's opinion, cause an urgent and serious harm to the public health, safety or welfare, then the board shall schedule a special meeting to hear such appeal as soon as possible, allowing for notice to be given. The time from filing of the appeal to commencement of the public hearing shall not exceed forty-five (45) days, and the total time from filing the appeal to rendering a decision shall not exceed ninety (90) days. In the event, however, that the board shall make a written finding of fact that the circumstances of a particular appeal require further time to decide such appeal and set forth the specific circumstances requiring such further time, then the board shall have an additional period of forty-five (45) days in which to render a decision.

D. Public hearing—Procedure. The hearing of any appeal shall be at a separate meeting, distinct from the hearing of any variance or special use permit applications, although such hearings may be held on the same day or night. At the hearing, any party may appear in person or by agent or by attorney. The officer or a designated individual of the agency, commission, or board from whom the appeal is taken shall appear before the zoning board at the hearing to represent such agency, commission or board. Other members of the agency, commission or board may appear and be heard, but shall not represent the agency, commission or board.

E. Decisions and records of the Board. In exercising its powers in ruling, the board may, in conformity with the provisions of this ordinance, 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. Provided however, that when hearing appeals from the historic district commission or the planning board, such appeal shall only be on the record, not de novo, and the board shall only have the power enumerated by appropriate state law. All decisions and records of the board respecting appeals shall conform to the provisions of sections 906 of this ordinance.