It is the intent of this article that all questions of interpretation and enforcement shall first be presented to the Construction Official (the administrative official) and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of such administrative official and that recourse from the decision of the Board of Adjustment shall be to the courts as provided by law.

It is further the intent of this article that the duties of the Board of Commissioners in connection with this article shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and elsewhere in this chapter.

Considering and adopting or rejecting proposed amendments or the repeal of this chapter as provided by law.

Establishing a schedule of fees and charges as stated elsewhere in this chapter.

Acting on use variances after approval by the Board of Adjustment.

Acting on all other final decisions of the Board of Adjustment or Planning Board on any other class of application for development. Any such appeal shall be made within 10 days of the date of the publication of such final decision. The appeal to the Board of Commissioners shall be made by serving the Town Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and his attorney, if represented. Such appeal shall be decided by the Board of Commissioners only upon the record established before the Planning Board or Board of Adjustment.

Notice of the meeting to review the record below shall be given by the Board of Commissioners by personal service or certified mail to the appellant, to those entitled to notice 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 or written arguments on the record at such meeting.

The Board of Commissioners shall conclude a review of the record below not later than 45 days from the date of receipt of the transcript of the hearing, unless the appellant consents in writing to an extension of such period. The applicant shall arrange for a transcript for use by the Board of Commissioners. Failure of the Board of Commissioners to hold a hearing and conclude a review of the record below and to render a decision within such specified period, without such written consent by the appellant, shall constitute a decision affirming the action of the Board.

The Board of Commissioners 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 full authorized membership of the Board of Commissioners shall be necessary to reverse, remand or modify any final decision of either board.

The Board of Commissioners shall mail a copy of the decision to the applicant 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.