The text
(a)
Public notice. Upon receipt of the required documents, the town council shall set the date of hearing and cause the matter to be publicly advertised at the applicant's expense in a local newspaper for a period not less than two weeks prior to the hearing. The state historic preservation commission shall simultaneously be notified and an advisory opinion shall be requested of pertinent town staff.
(b)
Notice to interested parties.
(1)
In the event of archaeological burials and historic Native American graves, the town shall cause the tribal council of the Narragansett Tribe to be notified by regular mail of the subject, date and time.
(2)
If an application involves the cemetery of an extant religious society, such society shall be so notified by regular mail.
(3)
If the application involves a family cemetery the interred of which have living lineal descendants, the applicant, at his expense, shall make all reasonable efforts to notify lineal descendants, which efforts may include sending notice to descendants via first class mail, or publication of the notice in a newspaper of statewide circulation at least once per week for two successive weeks prior to the hearing.
(c)
Burden of proof. At the hearing the applicant shall prove to the satisfaction of the town council that:
(1)
The applicant has examined all alternatives and conclusively demonstrated that no prudent and feasible alternative to the proposed alteration is possible; or
(2)
That the proposed alteration serves only the interests of health, welfare and safety of the public.
(Code 1986, § 14-35)