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(9) Provisions shall be made so that each dwelling shall have two(2)side yards each of at least fifteen(15) feet and a rear yard of at least twenty(20) feet. i (10) Each lot shall contain not less than fifteen thousand(15,000)square feet. (11) All wetland areas as defined in MGL C. 131, § 40,plus a minimum of thirty-five percent(35%) of the total upland area of the tract (excluding roads, street layouts and other traveled ways), including all land within one hundred (100) feet of said wetland areas,shall be presen ed as open land as described in criteria in Subsection B(6)and(7). C. Application procedure. (1) The application to the Planning Board for a special permit for a cluster development shall include all materials required by the Subdivision Regulations for a preliminary plan, plus the required application forms, fees and any other materials required by the Board, and shall be filed with the Town Clerk, along with receipts form the Board of Health. Conservation Commission, Town Planner, Recreation j Commission, Superintendent of Streets,Fire Department and Police Department indicating that copies of the required application materials have been received by those agencies and a list of the names and most recent available addresses of all persons owning land within three hundred (300) feet of the j proposed cluster development tract. After submission of the required materials to the Town Clerk, the applicant shall forthwith deliver to the Planning Board a copy of said materials, including the date and the time of filing by the Town Clerk. [Amended 10-5-98 AT♦i,Art. 27,approved 1-4-991. (2) Within sixty-five(65) days,but no less than forty(40)days,after the required application materials have been submitted, the Board shall hold a public hearing, notice of which shall be published and set by mail to all parties in interest in conformance with hiGL C.40A, § 11. (3) The Planning Board shall, within ninety (90) days following the public hearing, take final action to approve,approve subject to modifications or deny the special permit application. Failure by the Board to take final action upon the application for a special permit within said ninety (90) days following the date of the public hearing shall be deemed to grant the permit applied for. (4) Approval of the special permit shall require a four-fifths vote of the Planning Board based on the application materials, any comments received from other town agencies or at the public hearing, the criteria contained in Subsection B and the best judgment of the Board regarding the accomplishment of the purpose of this section and the protection of the public health, safety and welfare. The Board may require any reasonable conditions to ensure that the criteria and purpose are met and that public interests are protected. (5) Special permits granted under this section shall lapse within two (2) years, which shall not include such time required to pursue or await the determination of an appeal under MGL C. 40A, § 17, from the grant thereof. If a substantial use thereof has not sooner commenced except for good cause: Construction of streets and utilities shall constitute"substantial use" for the purpose of this subsection. D. After a special permit for a cluster development has been approved by the Planning Board,an application may be filed for a definitive subdivision plan based on the special permit approval and conditions and following the normal procedures specified in the Subdivision Regulations for definitive plans. No preliminary plan submittal will be required. for a n lot within a cluster development until the open space within the E. No building permit may be rssued y development has been deeded to the Town or, where the open space will not be deeded to the Town,until the deed restriction required by Subsection 174-47.B.(7) has been recorded, and evidence of such recording has been submitted to the Planning Board and Building inspector. [Amended 10-7-96, Art. 32, approved 12-9- 961 ,.UE COP , 76