§ 76-9. Appeals.

A. 

Coastal Erosion Hazard Board of Review. The Zoning Board of Appeals is hereby designated as the Coastal Erosion Hazard Board of Review and is hereby authorized to affirm and/or modify and/or annul any order, hear and decide appeals on the Administrator's interpretation of this chapter and to affirm the requirement, decision or determination of the Administrator, by written decision, after a public hearing, which shall be filed within five days in the office of the Town Clerk, the office of the Administrator, and served by mail upon the applicant.

B. 

Appeals shall be filed with the Zoning Board of Appeals within 30 days of the date of filing in the office of the Town Clerk of the order, determination or decision of the Administrator.

C. 

Appeals shall be in writing in such form as may be prescribed by the Board of Zoning Appeals, with a copy thereof simultaneously served upon the Administrator and shall include ground(s) upon which it is based, including but not limited to the relevant provisions of this chapter and/or the disputed interpretation thereof.

D. 

In making its determination the Zoning Board of Appeals shall take into consideration whether or not:

(1) 

A reasonable, prudent, alternative site(s) is available;

(2) 

All reasonable means and mitigation measures limiting adverse impacts on natural systems and their functions and/or values are incorporated into the activity's design;

(3) 

The structure or improvement is reasonably calculated to be impervious to flood and erosion damage;

(4) 

The relief requested is the minimum necessary to render the proposed activity viable;

(5) 

The public benefit(s) clearly outweighs the long-term adverse effects, in a case where public funds are to be utilized for the proposed activity(ies).