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I <br /> project to be modified may be separated from the remainder of the originally <br /> permitted project, provided that the portion not modified continues to conform, as <br /> a separate entity, with the zoning bylaw applicable to the land at the time of the <br /> original approval and that the portion or portions to be modified conform, as a <br /> separate entity, with the terms of the zoning bylaw as it applies to the land at the <br /> time of approval of said modification, except that any requirement for a perimeter <br /> buffer area contained in the applicable zoning for either portion need not be <br /> required between said portions. <br /> (f) No modification may increase the number of dwelling units in a project or <br /> increase the maximum rate of development allowed by the original special perinit. <br /> (g) A modification under (b) or (c) above may expand the land area covered by said <br /> special permit, provided that all uses, dimensions and other aspects of proposed <br /> development within the expanded area are in conformance with the provisions of <br /> the zoning bylaw applicable to the land at the time of approval of said <br /> modification and provided that the original special permit granting authority has <br /> authority to approve said proposed uses and development under the provisions of <br /> the zoning bylaw applicable to the expanded land area at the time of approval of <br /> said modification." <br /> or take any other action relating thereto. <br /> Submitted by Petition <br /> Explanation: Recent legal opinions by Town Counsel have pointed out that the Planning Board <br /> and ZBA have no clear authority to modify special permit projects, particularly where the project <br /> proposed to be modified was approved under zoning standards which are no longer in effect. <br /> Any "modification" would, in fact, have to be done as a new special permit application under <br /> currently applicable zoning. This has created a difficult situation for projects that have been <br /> begun but are not yet completed and wish to modify their plans or permit language. This article <br /> would create authority for special permit modifications of three sorts: <br /> 1. Minor site plan changes could be done at a public meeting but without advertisement of a <br /> public hearing. <br /> 2. More significant site plan changes, or changes to the text of the permit decision would <br /> require an advertised public hearing with notice to all abutters within 300 feet and full <br /> conformance with all special permit approval requirement. <br /> 3. For changes involving an increase of 10% or less in building area or the area of land <br /> occupied by a particular type of use, the old zoning applicable to the property when the <br /> original permit was approved would continue to apply. An increase in open space, including <br /> open space used for outdoor recreation, by more than ten percent would also be governed by <br /> the old zoning applicable to the property when the original special permit was approved. <br /> For any larger change, currently applicable zoning standards would have to be met. No increase <br /> in the number of permitted dwelling units or in the rate of development could be allowed. It <br />