(A) The Board shall annually elect a Chairperson and a Vice-Chairperson from among its members. The Chairperson shall in turn appoint a Secretary, who may be a municipal officer, an employee of the town, or a member of the Board of Planning and Adjustment. The Town Clerk or the Town Clerk’s appointee shall serve as Clerk to the Board. The Board may, at its discretion, require that the party appealing from a decision of the Zoning Administrator employ and pay for a court reporter to take and to provide to the Board a verbatim transcript of the hearing of the appeal. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and also keep records of it examinations and other official actions.
(B) The Chair of the Board, or any member acting as Chair, and the Clerk to the Board are authorized to administer oaths to witnesses in any matter coming before the Board. Any person who, while under oath during a proceeding before the Board of Adjustment, willfully swears falsely is guilty of a Class 1 misdemeanor.
(C) The Board of Adjustment, through the Chair, or in the Chair's absence anyone acting as Chair, may subpoena witnesses and compel the production of evidence. To request issuance of a subpoena, persons with standing under pertinent state law may make a written request to the Chair explaining why it is necessary for certain witnesses or evidence to be compelled. The Chair shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The Chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the Chair may be appealed to the full Board of Adjustment. If a person fails or refuses to obey a subpoena issued pursuant to this division, the Board of Adjustment or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its subpoena be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties.
(Ord., Art. VI, § 603, passed - -; Am. Ord. 2010-01, passed 3-25-2010; Am. Ord. passed 4-17-2014)