Notice of the meeting to review the record below shall be given by the governing body by personal service or certified mail to the appellant to those entitled to notice of a decision pursuant to §
53-27F of this chapter and to the Board from which the appeal is taken, at least 10 days prior to the date of the meeting. The parties may submit oral and written argument on the record at such meeting, and the governing body shall provide for verbatim recording and transcripts of such meeting pursuant to this chapter.
The governing body may reverse, remand or affirm,
wholly or in part, or may modify the final decision of the Planning
Board or Board of Adjustment, as the case may be. The affirmative
vote of a majority of the fully authorized membership of the governing
body shall be necessary to reverse, remand or modify any final action
of either Board.
An appeal to the governing body shall stay all
proceedings in furtherance of the action with respect to which the
decision appealed from was made unless the Board from whose action
the appeal is taken certifies to the governing body, after the notice
of appeal shall have been filed with such Board, that, by reasons
of facts stated in the certificate, a stay would, in its opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed other than by an order of the Superior Court on
application upon notice to the Board from whom the appeal is taken
and on good cause shown.
The governing body shall mail a copy of the
decision to the appellant or, if represented, then to his attorney,
without separate charge, and for a reasonable charge to any interested
party who has requested it, not later than 10 days after the date
of the decision. A brief notice of the decision shall be published
in the official newspaper of the municipality, if there is one, or
in a newspaper of general circulation in the municipality. Such publication
shall be arranged by the applicant. The governing body may make a
reasonable charge for its publication. The period of time in which
an appeal to a court of competent jurisdiction may be made shall run
from the first publication, whether arranged by the municipality or
the applicant.
Nothing in this chapter shall be construed to
restrict the right of any party to obtain a review by any court of
competent jurisdiction according to law.