§ 45-23-70 - Appeals – Standards of review.
SECTION 45-23-70
§ 45-23-70 Appeals – Standards ofreview. – (a) As established by this chapter, in instances of a board of appeal's reviewof a planning board or administrative officer's decision on matters subject tothis chapter, the board of appeal shall not substitute its own judgment forthat of the planning board or the administrative officer but must consider theissue upon the findings and record of the planning board or administrativeofficer. The board of appeal shall not reverse a decision of the planning boardor 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.
(b) The concurring vote of three (3) of the five (5) membersof the board of appeal sitting at a hearing, is necessary to reverse anydecision of the planning board or administrative officer.
(c) In the instance where the board of appeal overturns adecision of the planning board or administrative officer, the proposed projectapplication is remanded to the planning board or administrative officer, at thestage of processing from which the appeal was taken, for further proceedingsbefore the planning board or administrative officer and/or for the finaldisposition, which shall be consistent with the board of appeal's decision.
(d) The board of appeal shall keep complete records of allproceedings including a record of all votes taken, and shall put all decisionson appeals in writing. The board of appeal shall include in the written recordthe reasons for each decision.