Section 1009 - Scope of Review
There shall be two review procedures, one for those uses that are permitted as of right and one for those uses that require a variance or special use permit. For uses that are permitted by right, the decision by the Planning Board shall be binding upon the permitting authority, specifically that officer responsible for issuing the building permit or certificate of occupancy. Such decision shall be in writing and shall comply with all requirements of these Regulations, including those for filing of records and decisions.
The permitting authority may not issue a permit contrary to the decision of the Planning Board, but such decision may be considered an appealable decision, appealable to the Zoning Board of Review, pursuant to the procedures set forth for the review of a decision of the Planning Board.
For those uses that are permitted by variance or special use permit, the review by the Planning Board shall be advisory only to the permitting authority, being the Zoning Board.
Such advisory opinion shall be in writing and shall comply with all requirements of the Regulations, including those for filing of records and decisions. The permitting authority may reject the advisory opinion of the Planning Board, but only by written findings and decision, specifically setting forth the reasons for rejection.