It is the intent of this article is to use special permits to control the impact of certain uses upon areas where they will be incompatible unless conditioned in a manner suitable to a particular location. Special permits bring needed flexibility and individuality to the otherwise rigid controls of zoning regulations.
Pursuant to § 274-b of Town Law, the Town Planning Board will administer the review and granting of special permits.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The Zoning Enforcement Officer shall refer the completed special permit application to the Town Planning Board within 10 days after receiving a completed application.
B. 
At its next regular or special meeting, the Town Planning Board shall designate a public hearing date within a reasonable period of time, not to exceed 62 days from the date application was made or 90 days in cases when the application must be referred to the County Planning Board (in accordance with General Municipal Law § 239-m).
C. 
The Town Planning Board shall send a notice of the public hearing to the applicant and publish a notice of the public hearing in the official newspaper, one of general circulation in the Town.
D. 
The notice of the public hearing shall be sent and published at least five calendar days prior to the date of public hearing as well as sufficient information so as to identify the property involved and the nature of the proposed action.
E. 
The Town Planning Board shall make a factual record of all its proceedings involving the granting of a special permit. The decision of the Planning Board shall contain the reasons for its decision.
F. 
The Town Planning Board shall render its decision, either approving, approving with conditions, or denying the special permit within 62 days after the hearing unless an extension is mutually agreed upon.
G. 
Each application for a special permit shall be accompanied by a proposed plan showing the information required for site plan approval as described in Article X of this chapter.
H. 
No permit shall be issued in the Local Waterfront Revitalization Program (LWRP) area unless the application is accompanied by a completed Coastal Assessment Form (CAF). Such form shall be reviewed by the Planning Board and certified by the Town Board as consistent with the Local Waterfront Revitalization Program prior to issuance of a zoning permit.
I. 
Each special permit application must also receive site plan approval before the special permit may be granted.
A. 
The Town Planning Board may grant a special permit for uses described in Article VII provided that all requirements and conditions set forth in that Article are complied with.
B. 
The Planning Board shall make written findings for each special permit decision. Findings shall state the reasoning behind, the basis for, and the evidence relied upon to reach the decision. Compliance with the requirements of Article VII shall also be substantiated.