Council continues public hearing after debate over temporary ban and six-month "sunset" for special-use permits

Town staff and councilors debated whether the town could temporarily prohibit some special-use permits while it develops objective criteria required by a recent change in state law. A staff presentation described the proposed approach: create a new, "temporarily prohibited" use category that would expire on Sept. 3 — roughly six months — to give the planning board and council time to draft objective, legally defensible standards.

The planner explained the state law change affects special-use permits and requires objective, tangible criteria rather than purely discretionary review. Councilors asked whether a sunset clause could be adopted during the public hearing and what would happen if the town later learned the provision was impermissible. Staff said that if a later legal review showed the sunset was not permitted, the measure would be void and the status quo (permit-by-right as currently allowed under law) would remain.

Council members voiced competing priorities: some supported a time-limited restriction to buy time for careful drafting and to reassure community members worried about indefinite prohibition; others stressed the importance of clear process, advertising requirements and planning-board input. Planning staff and a non-attorney planner advised the council they could consider amendments in the course of a public hearing, but recommended seeking a formal legal opinion and additional planning-board recommendations before final action.

Two members of the public spoke in favor of the proposed sunset language as a temporary safeguard. Ultimately the council voted to continue the public hearing to March 17 to obtain the solicitor's written guidance, allow the planning board to review proposed objective criteria and avoid potential re-advertising issues.

The continuation means no ordinance change will take effect at this meeting; staff committed to provide legal guidance by the end of the week and return with a potential draft for council consideration at the next hearing.

Next steps: the council set March 17 as the date to continue the public hearing so attorneys and the planning board can advise whether adoption of a sunset clause or in-hearing amendments would meet state statutory requirements.