§ 85-107. Special permits from Planning Board.

A. 

As provided by this chapter, special permits from the Planning Board shall be granted only where said Board shall determine:

(1) 

That the use will not prevent the orderly and reasonable use of adjacent proportion or of properties in the surrounding area or impair the value thereof.

(2) 

That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent districts.

(3) 

That the safety, health, welfare, comfort, convenience or order of the Town will not be adversely affected by the proposed use and its location.

(4) 

That the use will be in harmony with and promote the general purposes and intent of this chapter.

B. 

In making such determination, the Planning Board shall give consideration, among other things, to:

(1) 

The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permissive uses.

(2) 

The conservation of property values and the encouragement of the most appropriate uses of land.

(3) 

The effect that the location of the proposed use may have upon the creation or undue increase of traffic congestion on public streets, highways or waterways.

(4) 

The availability of adequate and proper public or private facilities for the treatment, removal or discharge of sewage, refuse or other effluent, whether liquid, solid, gaseous or otherwise, that may be caused or created by or as a result of the use.

(5) 

Whether the use or materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot.

(6) 

Whether the use will cause disturbing emission of electrical discharges, dust, light, vibration or noise.

(7) 

Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or other competent governmental agency.

(8) 

The necessity for an asphaltic or concrete surfaced area for purposes of off-street parking and loading of vehicles incidental to the use and whether such area is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be held.

(9) 

Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason or as a result of the use or by the structures to be used therefor or by the inaccessibility of the plot or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot.

(10) 

Whether the use or the structures to be used therefor all cause an overcrowding of land or undue concentration of population.

(11) 

Whether the plot area is sufficient, appropriate and adequate for the use and the reasonable anticipated operation and expansion thereof.

(12) 

The physical characteristics and topography of the land.

(13) 

Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or place of public assembly.

C. 

Expiration. All special permits granted by the Planning Board pursuant to this chapter shall expire two years after the date of the Planning Board's grant of approval thereof, unless a building permit has been issued and substantial construction has commenced in reliance thereon. The Planning Board may grant a maximum of two extensions, not to exceed one year each, of the grant of approval where a building permit has been issued and substantial construction, with sufficient proof of such substantial construction, having commenced in reliance thereon.