(A)

Any person aggrieved by an order, requirement, decision, or determination made by the zoning enforcement officer or any other administrative official in the enforcement or interpretation of this ordinance may appeal to the zoning board of review. The appeal shall be filed within a reasonable time of the date the aggrieved party knew or should have known of the order, requirement, decision, or determination.

(B)

The appeal shall be takenby filing a notice of appeal stating the grounds for the appeal. The appeal shall be filed with the clerk of the zoning board of review and with the administrative official who made the order, requirement, decision, or determination. The officer shall immediately transmit all the papers constituting the record upon which the action appealed from was taken to the zoning board of review. The application form for the appeal is an appendix to this ordinance.

(C)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the zoning board that a stay would, in the officer's opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order, which may be granted by the superior court.

(D)

The zoning board of review shall schedule a public hearing on the appeal within sixty-five (65) days of the day the appeal was filed and shall give notice of the public hearing at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation in Hopkinton. The notice shall include the applicant's name and address and the street address and plat and lot number of the subject property, and shall describe the appeal. The notice shall state the date, time, and location of the public hearing. The applicant shall pay the cost of the advertisement. At least fourteen (14) days before the date of the public hearing, the clerk of the zoning board of review shall send notice of the public hearing by first class mail to the appellant and to:

(1)

The owners of property within two hundred (200) feet of the property that is the subject of the application, whether located in Hopkinton or an adjacent town.

(2)

The town council of any town adjacent to Hopkinton, if the subject property is located within two hundred (200) feet of the boundary of that town.

(3)

Any individual or entity holding a recorded conservation or preservation restriction on the property that is the subject of the application.

The applicant shall pay the cost of the advertising and postage. At least fourteen (14) days before the date of the public hearing, the notice shall be posted in the town clerk's office, in one (1) other municipal building, and on the home page of the town's website.

(E)

In exercising its powers, the zoning board may reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination appealed from and may make such orders, requirements, decisions, or determinations as ought to be made, and to that end shall have the powers of the officer from whom the appeal was taken. The decision of the zoning board of review shall comply with section 23 of this ordinance.

(Ch. 134, § 24, 12-19-94; Ch. 292, §(Exh. R), 12-4-23)