Laserfiche WebLink
36. Upon their construction,the buildings in the proposed development shall be <br /> considered non-conforming and, except as may be permitted under the attached <br /> provisions of the Architectural/Design Code no exterior alterations, expansions or <br /> changes shall be permitted without an approved project modification under the <br /> provisions of 760 CMR 31.03. <br /> 37. Water-saving devices shall be utilized throughout the buildings. <br /> 38. This permit shall not be valid until recorded with the Land Court and the <br /> Barnstable County Registry of Deeds and evidence of such recording is provided <br /> to the Inspector of Buildings and the Board of Appeals. <br /> 39. Pursuant to the provisions of G.L. c. 44, § 53G, the Applicant shall pay the costs <br /> and fees of the consulting engineer and Counsel retained by the Board in <br /> performing any of the services contemplated herein. <br /> 40. Any and all easements that may be necessary shall be in a form approved by the <br /> Board's Counsel, such approval not to be unreasonably withheld. In the event <br /> that Board's counsel does not issue conmlents, approval or disapproval of such <br /> easements within thirty(30) days of submittal, such documents shall be deemed <br /> approved. <br /> 41. The term "Applicant" shall refer to the current Applicant and its assignees, <br /> successors, affiliates, subsidiaries or any other entity related thereto. Any sale, <br /> transfer or assignment of the permit; and any sale of more than 50% of the assets <br /> or interests in the Applicant shall require Board approval, such approval not to be <br /> unreasonably withheld. <br /> 42. This permit shall expire if construction is not commenced within three years from <br /> the date it is filed by the Board with the Town Clerk. For the purposes of this <br /> paragraph, commencement of construction shall be defined as the full <br /> construction of the foundation for at least four of the project's proposed buildings. <br /> 43. Any failure by the Applicant to adhere to any of the conditions herein shall <br /> constitute a violation of this comprehensive permit in its entirety, except that any <br /> finding, by any court of competent jurisdiction, that any condition hereof is <br /> unenforceable shall not otherwise affect the enforceability of the remainder of the <br /> conditions hereof. <br /> 44. In the event of any conflict between the conditions imposed by this <br /> Comprehensive Permit and the terms of any other document or agreement <br /> regarding this project, the terms and conditions of this permit shall control. <br /> Similarly, should any conditions of this permit conflict with the conditions of any <br /> - <br /> approval of the Cape Cod Commission, or any other State, Local or Federal <br /> entity,the terms of this permit shall control. <br /> final permit 20 <br />