1976-03-01-TE-Warrant-and-1976-03-22-ATM-Warrant

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- 35 - 37.5. Special Permits for uses in Harmony With General Purposes of the District. The Board of Appeals may issue a special permit for any use of land which would otherwise be permitted if such land were not, by operation of this action, in the Wetland Protection District if the Board finds (1) that such land within the District is in fact not subject to flooding or is not unsuitable because-..of drainage conditions for such use, and (2) (that the use of such land for any such use will not interfere with the) that the use of such land in the manner proposed will be consistent with the general purposes for which Wetland Protection Districts have been established, and (3) (that such use will not be) that such use will not create a significant risk of appreciably disturbing the water table-, or of causin1 surface flooding, and will not otherwise be detrimental to the public health, convenience, safety, or welfare. At the time of submission a copy of every appli- cation for a special permit under this section shall be given by the applicant (at the time of submission of the application) to the Planning Board, the Board of Health, the Conservation Commission, the Town Engineer, and the Board of Selectmen. The Board of Appeals shall not hold a public hearing on the application earlier than thirty days after submission of the application. The above-named Boards, Commissions or officials shall submit reports or recommen- dations on the application to the Board of Appeals at or before the public hearing on the application, but failure to make such reports or recommendations shall not prevent action by the Board of Appeals. 37.5.1 If any of the Boards, Commissions, or officials to whom a copy of the application must be given in accor- dance with Section 37.5 recommends that the application be denied or recommends that the application be granted only on certain conditions, the Board of Appeals shall not grant the application unless there is presented at the hearing clear and convincing evidence that the proposal meets the pre- requisites for the granting of such a special permit set forth in S37.5 (1) , (2) , and (3) or that the imposition of the recommended conditions is unreasonable and subjects the appli- cant to undue hardship. 37.5.2 If any of the town Boards, Commissions, or officials to whom a copy of the application must be given in accordance with Section 37.5 gives the Board of Appeals any recommendation other than an unqualified approval of the application, it shall deliver to the applicant or his attorney, by mail, or in hand, a copy of its recommendations or report not less than two days prior to the scheduled public hearing. The Board of Appeals shall, on request of the applicant, grant him a continuance for such reasonable time as may be necessary to prepare his case. If the Board of Appeals overrules a recommendation of such town Boards, Commissions, or officials , and issues the special permit, it shall state in writing its reasons, in full. or act in any other manner in relation thereto. (Inserted at the request of Planning Board)