The Board of Appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by any administrative official charged with the enforcement of this chapter.

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Board of Appeals shall have the power, in passing upon appeals, to vary or modify the application or any of the regulations or provision of this chapter relating to the use, construction or alteration of buildings or structures or the use of land, so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done.

In granting any use variance, the Board of Appeals shall prescribe any appropriate safeguards and conditions applying thereto that it may deem necessary or desirable in the public interest.

The property in question cannot yield a reasonable return if used only for the purpose allowed by this chapter.

The hardship is due to unique circumstances and not to the general conditions in the neighborhood of the property which is the subject of the appeal.

The proposed use will not alter the essential character of the locality.

Appeals shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing, with the officer from whom the appeal is taken and with the Board of Appeals, a notice of appeal, specifying the grounds thereof. Each appeal shall specify the provision of the ordinance involved and shall set forth the decision of the Building Inspector which is appealed from, the full circumstances or conditions involved therein, the ruling sought from the Board, the details of any variance applied for and the grounds on which it is claimed that the same should be granted or the use for which a special permit is sought and the full details thereof. The officer from whom the appeal is taken shall forthwith deliver to the Board of Appeals all papers constituting the record upon which the action appealed from was taken.

In addition to the aforesaid papers, the Board of Appeals may require the applicant to submit such site and plot plans, contour maps, building plans and specifications and other data or information as the Board may deem necessary.

All papers, including affidavits of publication and service of notice by mail, shall be filed with the Board before the hearing, unless the Board otherwise orders.

Every decision of the Board of Appeals shall be by resolution, with the vote thereon recorded, and shall fully set forth the circumstances of the case and the findings of the Board on which its decision is based and shall be filed with the Town Clerk within the time required by law.

The Board of Appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it and shall give public notice thereof by publication in the official paper of notice of such hearing, at least five days prior to the date thereof. Notice shall also be required to be given to all owners of property, including owners of condominiums, within a distance of 250 feet of the property lines of the applicant. Said notice shall be in such form as the Board of Appeals shall prescribe and shall be sent to each owner within said distance by first class mail to the last known address on the tax records. With respect to an application for a use variance, the applicant shall provide a public hearing notice to the clerk of the neighboring municipality for any action within 500 feet of a neighboring municipality at least 10 days prior to the date thereof. Before the hearing, the applicant shall file with the Board of Appeals affidavits of the publication and mailing of the notice of hearing. The expense of publishing and mailing any notice required by this section shall be paid for by the applicant or appellant, as the case may be.

Notification sign.