The text
Sec. 23-161. - Right of appeal.#
Any party aggrieved by any decision of the planning board, technical review committee, administrative officer, or board of appeal, may appeal such decision in accord with the provisions of this article.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-162. - Appeals from decisions of the administrative officer.#
a.
Other than as specified in appendix B, Land Development and Subdivision Regulations, article XIII, section 23-79(b), all decisions and actions of the administrative officer shall be appealed to the board of appeal in the manner directed by this section.
b.
Decisions by the administrative officer approving or denying projects under appendix B, Land Development and Subdivision Regulations, article VI and article XVI shall not be subject to this section but rather shall proceed directly to superior court as set forth in appendix B, Land Development and Subdivision Regulations, article XIII, section 23-80 (see G.L. § 45-23-71).
c.
Process of appeal.
1.
An appeal to the board of appeal from a decision or action of the administrative officer may be taken by an aggrieved party to the extent provided in G.L. § 45-23-67. The appeal must be taken within 20 days after the decision has been recorded in the Tiverton land evidence records and posted in the office of the Tiverton Town Clerk.
2.
The appeal shall be in writing and state clearly and unambiguously the issue or decision that is being appealed, the reason for the appeal, and the relief sought. The appeal shall either be sent by certified mail, with a return receipt requested, or be hand-delivered to the board of appeal. The clerk for the board of appeal shall accept delivery of an appeal on behalf of the board of appeal.
3.
Upon receipt of an appeal, the board of appeal shall require the administrative officer to immediately transmit to the board of appeal, all papers, documents and plans, or a certified copy thereof, constituting the record of the action which is being appealed.
d.
Stay. An appeal stays all proceedings in furtherance of the action being appealed.
e.
Hearing.
1.
The board of appeal shall hold a hearing on the appeal within 45 days of the receipt of the appeal, give public notice in accord with appendix B, Land Development and Subdivision Regulations, article IV, section 23-14, of the hearing, 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 ten days of the close of the public hearing. The cost of any notice required for the hearing shall be borne by the applicant.
2.
The board of appeal shall only hear appeals of the actions of an administrative officer at a meeting called especially for the purpose of hearing the appeals and which has been so advertised.
3.
The hearing, which may be held on the same date and at the same place as a meeting of the zoning board of review, must be held as a separate meeting from any zoning board of review meeting. Separate minutes and records of votes as required by G.L. § 45-23-70(d) shall be maintained by the board of appeal.
f.
Standards of review.
1.
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 procedural error, clear error, or lack of support by the weight of the evidence in the record.
2.
The concurring vote of three of the five members of the board of appeal sitting at a hearing, is necessary to reverse any decision of the administrative officer.
3.
In the instance where the board of appeal overturns a decision of the administrative officer, the proposed project application is 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 for the final disposition, which shall be consistent with the board of appeal's decision.
4.
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.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-163. - Appeals to the Superior Court—Decisions of permitting authorities.#
a.
An aggrieved party may appeal to the Superior Court with jurisdiction over the matter:
1.
A decision of the board of appeal;
2.
A decision of an administrative officer made pursuant to appendix B, Land Development and Subdivision Regulations, article VI and article XVI where authorized to approve or deny an application;
3.
A decision of the technical review committee, where authorized to approve or deny an application; or
4.
A decision of the planning board, (collectively "permitting authority") by filing a complaint stating the reasons for the appeal within 20 days after the decision has been recorded and posted in the office of the Tiverton Town Clerk. Recommendations by any permitting authority, public body or officer under this chapter are not appealable under this section.
b.
The permitting authority shall file the original documents acted upon by it and constituting the record of the case appealed from, or certified copies of the original documents, together with any other facts that may be pertinent, with the clerk of the court within 30 days after being served with a copy of the complaint.
c.
When the complaint is filed by someone other than the original applicant or appellant, the original applicant or appellant and the permitting authority shall be made parties to the proceedings.
d.
The appeal does not stay proceedings upon the decision appealed from, but the court may, in its discretion, grant a stay on appropriate terms and make any other orders that it deems necessary for an equitable disposition of the appeal.
(Reg. No. 2026-1, 1-6-26)
Sec. 23-164. - Appeals to the Superior Court—Amendment of these regulations.#
a.
An appeal of an amendment of these regulations may be taken to the superior court by filing a complaint within 30 days after such amendment has become effective. The appeal may be taken by any legal resident or landowner of the town, or by any association of residents or landowners of the town.
b.
The appeal shall not stay the enforcement of these regulations, as amended, but the court may, in its discretion, grant a stay on appropriate terms, which may include the filing of a bond, and make such other orders as it deems necessary for an equitable disposition of the appeal.
c.
The complaint shall set forth with specificity the area or areas in which the amendment is not consistent with the Comprehensive Planning Act, G.L. 1956, § 45-22.2-1 et seq.; the Zoning Enabling Act of 1991, G.L. 1956, § 45-45-1 et seq.; the Tiverton Comprehensive Plan or the Tiverton Zoning Ordinance.
(Reg. No. 2026-1, 1-6-26)