[Amended 8-28-2023]
The intent of the special permit regulations is to provide a
comprehensive review, including a public hearing, of the proposed
plan for the layout of the building(s), structure(s) or use(s) in
relationship to the topographical, geological and other natural features
of the land and of the impact of the use(s) upon the environment,
health, safety and welfare of the members of the community. It is
intended to ensure that the design and layout of the site and the
proposed use(s) will constitute suitable and appropriate development
consistent with the intent of the district and will not result in
a decrease in property values or be a detriment to the present and
potential use of the area in which it is to be located. Special permit
procedures are also intended to assure that proposed buildings, structures
and uses will provide for the maintenance of air, surface water and
groundwater quality and will not be detrimental to existing sources
of potable water or other natural or historic resources.
A special permit shall be issued by the Commission and become effective before any person may establish or change any land use, or use, erect, construct, move, enlarge or alter any building or structure, in whole or in part, if the use, structure or building resulting from such activity is listed as a special permitted use under Article
6 of these regulations for the district in which it would be located. The issuance of a special permit under these regulations fulfills the requirement for the issuance of a zoning permit.
The Commission may waive any of the requirements under Article
4, §
275-4.4, of these regulations if the Commission determines that the requirements requested by the applicant for waiver are not reasonably necessary to a proper disposition of the application.
In deciding upon any application for a special permit, the Commission
may consider the following criteria, in addition to the other applicable
criteria set forth in other sections of these regulations:
A. The size and intensity of the proposed use and the impact of such
use on neighboring property.
B. The potential for creation of a nuisance to neighboring properties,
whether by noise, air, light or water pollution; offensive odors,
smoke, dust or vibrations; or other known likely effects of the proposed
use.
C. The safety of vehicular and pedestrian movement relative to the site,
and the impact of the proposed uses on existing local traffic.
D. Accessibility for emergency vehicles, e.g., police, fire and emergency
transportation vehicles.
E. The adequacy of proposed methods for disposal of wastes, particularly
with regard to any materials that could cause an adverse effect on
groundwater or wetlands.
F. The potential for and the adequacy of measures for the prevention
of surface water and groundwater pollution, soil erosion and sedimentation,
increased runoff or changes in groundwater levels.
G. Measures for dealing with runoff and surface pollutants from driveway
and parking areas.
H. The compatibility of the design, layout and operation of the proposed
buildings, structures or uses with nearby properties and their impacts
on the usefulness and value of nearby property.
I. Impacts resulting from the proposed uses and the availability and
adequacy of existing fire and police protection, transportation, water
or sewage facilities, schools or other public facilities to meet the
needs of the proposed use(s).
J. The impact of the proposed uses on existing or potential local water
supplies and recharge areas.
K. The existence and protection of important natural and historic resources.
The applicant may consent to extensions of the time period for
commencing a public hearing after the receipt of an application, concluding
a public hearing and rendering the decision. The aggregate extension
of any such period shall be no more than 65 days.
Any special permit issued under these regulations shall not
become effective until copies of the permit and approved plans are
filed in the office of the Thompson Town Clerk and recorded in the
Thompson Land Records. The copy of the special permit to be filed
and recorded in the Thompson Land Records shall be certified by the
Commission and shall contain a description of the premises to which
it relates, specifications of the nature of the special permit, a
statement of the regulation under which the special permit was issued
and the names of all the owners of record of the premises. The applicant
or the applicant's agent shall be responsible for filing and recording
the special permit and shall pay all filing and recording fees.