The Town Council shall appoint a Board of Adjustment
pursuant to the provisions of RSA 673:1.
The Board of Adjustment shall consist of five
members, whose terms shall be for three years. When the Board is first
organized, appointments shall be staggered so that no more than two
appointments occur annually, except when required to fill vacancies.
Said members shall be removable by the appointing authority upon written
charges and after a public hearing. Vacancies shall be filled for
the unexpired term.
The Board shall adopt rules in accordance with
the provisions of RSA 676:1. Meetings of the Board shall be held at
the call of the Chairman and at such other times as the Board may
determine. Such Chairman or, in his absence, the Acting Chairman may
administer oaths and compel the attendance of witnesses. All meetings
of the Board shall be open to the public. The Board shall keep minutes
of its proceedings showing the vote of each member upon each question
and, if absent or failing to vote, indicating such fact and shall
keep records of its examinations and other actions, all of which shall
be immediately filed in the office of the Board and shall be a public
record.
Any person aggrieved by any order or decision
of the Board of Adjustment may apply to the Superior Court within
30 days after the action complained of has been recorded, by sworn
petition, setting forth that such decision or order is illegal or
unreasonable, in whole or in part, and specifying the grounds upon
which the same is claimed to be illegal or unreasonable.
A. Burden of proof. In an appeal to the Court, the burden
of proof shall be upon the party seeking to set aside any order or
decision of the Zoning Board of Adjustment to show that the order
or decision is unlawful or unreasonable. All findings of the Zoning
Board of Adjustment upon all facts properly before the Court shall
be prima facie lawful and reasonable. The order or decision appealed
from shall not be set aside or vacated, except for errors of law,
unless the Court is persuaded by the balance of probabilities, on
the evidence before it, that said order or decision is unreasonable.
B. Certifying record. An order of the Court to send up
the record may be complied with by filing either the original papers
or duly certified copies thereof, or of such portions thereof as the
order may specify, together with a certified statement of such other
facts as show the grounds of the action appealed from.
C. Hearing. The Court may take evidence, or appoint a
referee to take such evidence, as it may direct and report the same
with its findings of fact and conclusion of law.
D. Restraining order. The filing of an appeal shall not
stay proceedings upon the decision appealed from, but the Court may,
on application and notice, for good cause shown, grant a restraining
order.
E. Judgment. The Court shall direct the records in the
matter appealed from to be laid before it, hear the evidence and make
such order approving, modifying, or setting aside the decision appealed
from as justice may require and may make a new order as a substitute
for the order of the Board.
F. Costs. Costs shall not be allowed against the municipality
unless it appears to the Court that the Zoning Board of Adjustment
acted with gross negligence, or in bad faith, or with malice in making
the decision appealed from.
G. Priority. All proceedings under this section shall
be entitled to a speedy hearing.