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Draft would specify appeals go to court; ordinance cites state authority
Summary
Conservation presenters recommended including statutory authority (RSA 674:21) and clarifying that appeals of Planning Board special-use decisions go to court rather than the Zoning Board; participants asked for explicit statutory citations and procedure language.
During the workshop the Conservation presenter recommended citing state authority to strengthen the ordinance’s legal basis and to clarify appeals procedure. “Probably the most important one for the wetlands is RSA 674:21 — innovative land-use controls,” the Presenter said, noting towns often include that citation to justify local controls.
Board members discussed whether appeals should be directed to the court and not routed to the Zoning Board of Adjustment; a staff member confirmed "This follows the statute." The recommendation is to include an appeals clause that aligns with state statute, plus a clear explanation of steps for applicants and timelines so applicants and reviewers understand procedural paths and limits on administrative appeals.
Members asked the town attorney to review any final language before adoption to ensure compatibility with state statutes and to minimize the risk of procedural challenges.
