The text
Footnotes:
--- (2) --- Cross reference— Boards, commissions and committees, § 2-121 et seq.
Sec. 19-31. - Zoning board of review designated.#
By virtue of the provisions of sections 45-23-14 to 45-23-18 of the General Laws, and any amendments thereof or additions thereto, the zoning board of review of the town is hereby designated as the required board of review.
(Code 1967, § 29-7)
Sec. 19-32. - May grant special exceptions.#
The board of review may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the rules and regulations of the planning board in harmony with the general purpose and intent of the rules and regulations referred to in this chapter, or where such exception is reasonably necessary for the convenience or welfare of the public.
(Code 1967, § 29-8)
State Law reference— Similar provisions, G.L. 1956, § 45-23-15.
Sec. 19-33. - Appeals.#
(a)
Appeals to the board of review may be taken by any applicant whose plat has been rejected by the planning board by filing a statement of appeal, a copy of such plat and of the list of abutting owners furnished therewith, and of the grounds of disapproval of the planning board, together with the names and addresses of any other persons who appeared before the planning board in opposition to such application with such board of review within ten (10) days after the final action of the planning board thereon.
(b)
The board of review shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, including the applicant, abutting owners and any other persons who entered appearances before the planning board, and shall decide the same within a reasonable time. Upon the hearing, any party in interest may appear in person or by agent or by attorney.
(Code 1967, § 29-9)
State Law reference— Similar provisions, G.L. 1956, §§ 45-23-16, 45-23-17.
Sec. 19-34. - Powers.#
(a)
The board of review shall have the following powers:
(1)
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by a planning board in the enforcement of this chapter or of the rules and regulations adopted pursuant thereto.
(2)
To hear and decide special exceptions to the terms of the rules and regulations upon which such board is authorized to pass under this chapter.
(3)
To authorize, upon appeal in specific cases, such variance in the application of the terms of such rules and regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of such rules and regulations will result in unnecessary hardship, and so that the spirit of the rules and regulations shall be observed and substantial justice done.
(b)
In exercising the abovementioned powers the board of review may, in conformity with the provisions of this chapter, reverse or affirm wholly or partly, or may modify the decision appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the planning board from whom the appeal was taken.
(c)
The concurring vote of three (3) members of the board of review shall be necessary to reverse any decision or determination of the planning board.
(Code 1967, § 29-10)
State Law reference— Similar provisions, G.L. 1956, § 45-23-18.