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septic system is adequate for the proposed uses, the council approved a special use permit for the apartments. The permit stipulates that no laundry facilities may be installed, and that 10 off-street parking spaces must be provided for the building.
Zoning Administrator John McCarthy supported the council and approved the issuance of the permit for the apartments, but disagreed with the council’s resolution about the “less intensive use” of the building.
The council’s interpretation was based on a section of the state code which states that non-conforming uses of property, such as the building’s present use as a general store, may be continued or changed to a more restrictive non-conforming use. The only requirement is a finding that the proposed use is indeed more restrictive than the existing use.
The council made that finding in its resolution, but Mr. McCarthy differed with the council’s interpretation of the ordinance in two respects.
First, Mr. McCarthy noted in a letter to Frank Reynolds, the town’s attorney, that the town’s ordinance does not embody the language of the state code. It says that any non-conforming use “. . . may be continued,”
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