Planning consultant James Brown outlines legal test for conditional-use permits

James Brown, the presenter, walked the commission through the legal structure of conditional-use permits and how to write defensible conditions. He said a conditional use is an allowed use under code but may carry conditions to mitigate "reasonably anticipated detrimental effects," and emphasized that conditions must be tied to standards already adopted in the town code. "It says conditional use shall be approved when reasonable conditions are proposed or can be imposed to mitigate reasonably anticipated detrimental effects in accordance with the the standards," Brown said.