Meetings. Regular and special meetings of the Board shall be held at the call of the Chair or of a majority of the members of the Board at such time or times as the Chair or majority of the members of the Board may determine. The presence of three members shall be necessary for a quorum.

Organization. The Secretary shall keep minutes of the proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating the fact. The Board may adopt, from time to time, such rules and regulations as may be deemed necessary to carry into effect the provisions of this chapter. The Board shall elect from the membership a Chair and Vice Chair each year whose term shall run for the following calendar year and until his successor is elected.

The Board's powers and duties are:

Extension of district boundaries. The Board may permit the extension of a district by not more than 50 feet where the boundary line of a district divides a lot in a single ownership at the time of the passage of this chapter.

Exercise of powers. In exercising the above-mentioned powers, such Board may, in conformity with the provisions hereof, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order or decision as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

Special conditions. In granting any special exception or variance to the above requirements, the Board of Adjustment may establish conditions or requirements which are considered necessary to carry out the spirit and intent of this chapter.

Expiration of variances and special exceptions. An approved special exception or variance shall expire two years from the date of approval unless substantial construction relative to the special exception or variance has begun on the site or unless the Board of Adjustment has approved an extension for good cause, provided that no such special exception or variance shall expire within six months after the resolution of a Planning Board application filed in reliance upon the variance.

Filing of appeals. An appeal shall be taken within such time as shall be prescribed by the Board, by general rule, by filing with the officer from whom the appeal is taken, and with the Board, a notice of appeal, specifying the grounds thereof, together with a notice and filing fee. Such notice of appeal shall specify the names of all abutting owners to the premises concerned, to all of whom the Board shall give notice by mail of such appeal, insofar as practicable. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

Effect of appeal to Board. The effect of an appeal to the Board shall be to maintain the status quo. An appeal of the issuance of any permit or certificate shall be deemed to suspend such permit or certificate, and no construction, alteration, or change of use which is contingent upon it shall be commenced. An appeal of any order or other enforcement action shall stay all proceedings under the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after notice of appeal shall have been filed with such officer, that, by reason of facts stated in the certificate, a stay would, in the officer's opinion, cause imminent peril to life, health, safety, property, or the environment. In such case, the proceedings shall not be stayed other than by a restraining order which may be granted by the Superior Court on notice to the officer from whom the appeal is taken and cause shown. See RSA 676:6.

Hearings and notice. The Board shall fix a reasonable time for the hearing of appeal and give due notice thereof to the parties and decide the same within 90 days of the date of receipt of the appeal, provided the applicant may waive this requirement and consent to such extension as may be mutually agreed. Notice of hearing shall be published at least once in a newspaper of general circulation in the Town of Rye and mailed, by registered or certified mail, to the parties and all abutters not less than seven days prior to such hearing. Failure of the party filing such appeal to disclose in his notice of appeal the names of all abutting owners to the premises concerned shall be cause for continuation for new hearing on proper notice to all concerned; willful failure of the party filing such appeal to disclose in his notice of appeal the names of all abutting owners to the premises concerned may be cause for the denial of the appeal, at the option of the Board. Upon the hearing, any party may appear in person or by agent or by attorney. The Board shall hear all abutters desiring to submit testimony and all nonabutters who can demonstrate that they are affected directly by the proposal under consideration. The Board may hear such other persons as it deems appropriate. If the Board determines that it lacks sufficient information to make a final decision on the application, and the applicant does not consent to an extension, the Board may, in its discretion, deny the application without prejudice.

Decisions of Board.