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Article 45 <br /> To see if the Town will amend the zoning bylaw by adding the following new subsection 174- <br /> 24.C.(9): <br /> "(9) Special Permits which have not lapsed under the provisions of Subsection (8) above may <br /> be modified by the original special permit granting authority, with any vote requiring <br /> LL approval of four of five Planning Board Members or a unanimous vote of the Zoning <br /> Board of Appeals as follows: <br /> (a) Minor changes to the site plan of the permitted project, such as landscaping, <br /> signage, shape and location of buildings, architectural details, lot lines or roadway <br /> facilities, may be approved by the special permit granting authority under the <br /> terms of the zoning bylaw as it applied to the grant of the original special permit, <br /> provided that said authority determines by vote at a public meeting that said <br /> changes do not violate the terms of said zoning bylaw, the terms or conditions of <br /> the original special permit decision or the provisions of subsection (2) above and <br /> that they do not require approval under the process described in (b) or(c) below. <br /> (b) Any proposed change to the site plan of a project which, in combination with <br /> previous modifications, if any, increases the square footage of residential or non- <br /> residential structures by more than five percent (5%), increases the land area <br /> occupied by any use by more than five percent (5%), or which the special permit <br /> granting authority believes may potentially impact abutting land owners, may be <br /> approved by vote of the special permit granting authority only after a public <br /> hearing following the requirements of Subsections (2) through (7) above, <br /> provided that it otherwise conforms with the provisions of this subsection. <br /> (c) Any proposed change to the text of a special permit decision, except references to <br /> a dated site plan amended under the provisions of(a) above, may be approved by <br /> vote of the special permit granting authority only after a public hearing following <br /> the requirements of Subsections (2) through (7) above, provided that it otherwise <br /> conforms with the provisions of this subsection. <br /> (d) Any modification under (b) above which involves only modifications to the site <br /> plan of the permitted project, such as landscaping, signage, shape and location of <br /> buildings, architectural details, lot lines or roadway facilities but which, in <br /> combination with previous modifications, if any, does not increase the square <br /> footage of residential or non-residential structures by more than ten percent (10%) <br /> or increase by more than ten percent (10%), the land area occupied by any use <br /> other than open space (including open space used for outdoor recreational <br /> activities such as playing fields, tennis courts and golf courses), may be approved <br /> only if it continues to conform with the zoning bylaw applicable to the land at the <br /> time of the original special permit approval. <br /> (e) Any other modification under (b) or (c) above may only be approved if the <br /> proposed modification is in conformance with the applicable provisions of the <br /> zoning bylaw as it applies to the land involved at the time of approval of said <br /> modification. For the purposes of this subsection, the portion or portions of the <br />