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<br /> (14C Erda}rist Falmouth,Mass.,Friday,April 18, 1986 Page Twenty-Three
<br /> (a) Application shall be made to the
<br /> 9.374 The Board may rove s approbjectvt the application as Design Review Committee, said
<br /> submitted, approve subject li modifications and application to include,
<br /> conditions, or deny Board shall
<br /> application. If modified - along with any required forms
<br /> ' or denied, the Board shall include written reasons
<br /> N� for such action in its. decision.' Unless an and fees, specific building
<br /> extension of time is requested in writing by the locations, generalized
<br /> applicant, if the Board fails to make its decision architectural plans, utilities,
<br /> within ninety (90) days from the public hearing the vehicular and pedestrian
<br /> pian shall be' deemed approved. However, no - facilities, parking areas,, proposed
<br /> building permit shallbe issued until the Special _ drainage facilities, proposed
<br /> _ Permit, signed by the majority of the members of the landscapingand any other materials
<br /> Board, has been recorded in. the Registry of Deeds required by the Committee.
<br /> and until any appeal period has passed. Submission of large segments of the
<br /> - OSID phases, or an entire phase, is '
<br /> encouraged. -
<br /> 9.375 If the project is denied, the developer shall not (b) Within thirty-five (35) days of the
<br /> submit substantially the same proposal for two - receipt of the application, the
<br /> (2) years, except as provided under M.G.L. Chapter .- Committee shall review the -
<br /> 40A, Section 11 : application at an advertized public
<br /> meeting with regard to conformance
<br /> with the provisions and conditions
<br /> of the OSID special permit, -
<br /> 9.376 Contents of 'the Special Permit - If a special permit - - any other applicable Town by-laws and regulations, and the
<br /> is approved the Board, it shall include the - attractiveness and appropriateness
<br /> following itemem s: of the design, -
<br /> t
<br /> (a) The Boards's written findings (c) Within ninetyC90> days of said
<br /> regarding Subsection 9.373; meeting, unless an extension of
<br /> (b) The Board's decision time is requested in writing by
<br /> regarding the number of bonus the applicant, the Committee shall
<br /> 4� residential units to be allowed, - make a written decision and .
<br /> the total number of units to be conditions regarding the
<br />.,� allowed, and any commercial uses application and transmit them
<br /> to be allowed; forthwith tthe Planning Board
<br /> c
<br /> along with copies of the plans
<br /> .
<br /> (c) by the Board regarding the Any other conditions imposed required under (a) above,
<br /> as approved, denied or.modified.
<br /> b
<br /> development, including any
<br /> required road improvements, -
<br /> bonding etc. ; - -
<br /> r - (d) Said decision and conditions shall
<br /> (d) A copy of the master site be reviewed by the Planning Board'
<br /> - plan and phasing plan along with the items required under
<br /> as approved for the development (a) above, at a public meeting held
<br /> including all items required by within thirty-five (35) days of
<br /> Subsection 9.372 (c) ;- - their receipt from the Design
<br /> Review Committee in order to
<br /> . (e) Copies of the approved determine their conformance with
<br /> ` covenants, restrictions and the provisions and. conditions of -
<br /> - deeds to be recorded under _ the Oslo special permit and the
<br /> Subsection 9.333; requirements of this Zoning BY=Law.
<br /> (f) Any other items the Board '
<br /> deems necessary to ensure an
<br /> adequate legal public record (e) Within ninety (90) days of such
<br /> i
<br /> of its findings and decision. meeting, the Board shall vote to
<br /> 1
<br /> 1) concur with said decision and
<br /> conditions, 2) require amendments
<br /> Within fourteen (14) days of the -Board's deci sion or add conditions to said decision,
<br /> regarding a special 3) reverse said decision with
<br /> g g p permit -for am Othe or any an explanation of the reasonsfor
<br /> extension, modification or renewal thereof,
<br /> the Planning Board shall issue to the owner, and such action, or 4) remand said
<br /> decision to the Design Review
<br /> to the applicant if other y the the -owner, s copy Committee for re-hearing with an
<br /> of -i ts' de ci sion certified by the Board and in explanation of the reasons for
<br /> - ... conformance with the requirements of Chapter 40A, said action. A notice of the
<br /> Section 11 of the General Laws. A 'copy of the Board's action shall be delivered
<br /> decision and, if favorable all the items listed - within twenty (20) days to the
<br /> above shall also be filed with the Town Clerk applicant, the Design Review
<br /> O and in the Planning Board files. Said permit Committee and the Town Clerk.
<br /> shall not take effect until a copy of the •The Board may require only one -
<br /> decision bearing the certification of the Town remand for rehearing by the
<br /> Clerk that twenty (20) days have elapsed after the -
<br /> decision has been filed, or that if such appeal has Design Review Committee.
<br /> been filed, that, it has been dismissed or denied, is {
<br /> recorded in the Barnstable County Registry of Deeds -
<br /> and indexed in the grantor index under the name of (f) After final approval by the Design
<br /> the owner of record or is recorded and noted on the
<br /> owner's certificate of title. Review Committee and Planning
<br /> - Board, _ t'.e applicant may apply to .
<br /> the Building Inspector to construct
<br /> any structures -,? approved. The. _
<br /> 9.377 Subdivision Within the 0t, Building Inspector shall require
<br /> - Upon approval that prior to the issuance of any
<br /> definitivee subdivision plans shall be
<br /> of an OSIspecial permit, building permit, ti.+: applicant show
<br /> submitted to the Planning Board in proof that any permit is in
<br /> conformance with the phasing schedule of the conformance with the OSID Special
<br /> Permit, any conditions imposed by
<br /> special permit and with the normal the Design Review Committee and-
<br /> .. subdivision regulations of the Town. No preliminary Planning Board, the OSID phasing
<br /> plans shall be required for subdivisions schedule, if any and that all
<br /> within an approved OSID which conform with the required permits have been obtained
<br /> requirements and conditions of the OSID Special from the Board of Health, _
<br /> Permit. The definitive plan for the required open Conservation Commission and other
<br /> space area noted by Subsection 9.333 shall be filed applicable Town, state and Federal
<br /> with the Board no later than thirty (30) days from
<br /> the date of approval of the OSID special permit. agencies.
<br /> 9.376 Construction and Development- Within the O (g) The Building Inspector may revoke a
<br /> - building permit issued under this
<br /> - The construction of buildings or signs within the section in case the builder or
<br /> factOSIas well the construction of any other developer fails to conform to the
<br /> facility or structure requiring significant plans and schedules as approved.
<br /> disturbance of natural topography or vegetation, -
<br /> other than detached single-family residences shall 9.38MIXED-USE DEVELOPMENTS - As part of an Open Space Incentive
<br /> require review and approval by the Design Review
<br /> Committee and concurrence by the Planning Board Development, the Planning Board may allow the development
<br /> of residential unitswithina commercial or industrial
<br /> prior to theissuance of any building permit, zone, except single-family detached structures, as part of
<br /> special permit or other permit required by this a residential development or in conjunction with
<br /> BY-Law prior to such construction. Application, the uses otherwise allowed in that district as part of a
<br /> review and approval procedures shall be as- follows: coordinated mixed-usedevelopment. Such mixed-use
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