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courts and golf courses), may be approved only if it continues to <br /> conform with the zoning bylaw applicable to the land at the time of <br /> the original special permit approval. <br /> (e) Any other modification under (b) or (c) above may only be approved if <br /> the proposed modification is in conformance with the applicable <br /> provisions of the zoning bylaw as it applies to the land involved at the <br /> time of approval of said modification. For the purposes of this <br /> subsection, the portion or portions of the project to be modified may <br /> be separated from the remainder of the originally permitted project, <br /> provided that the portion not modified continues to conform, as a <br /> separate entity, with the zoning bylaw applicable to the land at the <br /> time of the original approval and that the portion or portions to be ' <br /> modified conform, as a separate entity, with the terms of the zoning <br /> bylaw as it applies to the land at the time of approval of said <br /> modification, except that any requirement for a perimeter buffer area <br /> contained in the applicable zoning for either portion need not be <br /> required between said portions. s' <br /> (f) No modification may increase the number of dwelling units in a project I <br /> or increase the maximum rate of development allowed by the original <br /> special permit. <br /> (g) A modification under (b) or(c) above may expand the land area <br /> covered by said special permit, provided that all uses, dimensions and <br /> other aspects of proposed development within the expanded area are ,, <br /> in conformance with the provisions of the zoning bylaw applicable to <br /> the land at the time of approval of said modification and provided that I <br /> the original special permit granting authority has authority to approve <br /> said proposed uses and development under the provisions of the I <br /> zoning bylaw applicable to the expanded land area at the time of <br /> approval of said modification." <br /> or take any other action relating thereto. <br /> Submitted by Petition <br /> i <br /> Explanation: Recent legal opinions by Town Counsel have pointed out that the <br /> Planning Board and ZBA have no clear authority to modify special permit projects, <br /> particularly where the project proposed to be modified was approved under zoning <br /> standards which are no longer in effect. Any"modification"would, in fact, have to be <br /> done as a new special permit application under currently applicable zoning. This has <br /> created a difficult situation for projects that have been begun but are not yet i <br /> {i <br /> completed and wish to modify their plans or permit language. This article would <br /> create authority for special permit modifications of three sorts: <br /> 1. Minor site plan changes could be done at a public meeting but without <br /> advertisement of a public hearing. <br /> i <br /> 58 <br />