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by more than ten percent (10%) or increase by more than ten percent <br /> (10%) the land area occupied by any use other than open space (including <br /> open space used for outdoor recreational activities such as playing fields, <br /> tennis 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 the <br /> original special permit approval. <br /> (e) Any other modification under (b) or (c) above may only be approved if the j <br /> proposed modification is in conformance with the applicable provisions of <br /> the zoning bylaw as it applies to the land involved at the time of approval j <br /> of said modification. For the purposes of this subsection, the portion or f <br /> portions of the project to be modified may be separated from the <br /> remainder of the originally permitted project, provided that the portion not <br /> modified continues to conform, as a separate entity, with the zoning bylaw <br /> applicable to the land at the time of the original approval and that the <br /> portion or portions to be modified conform, as a separate entity, with the <br /> terms of the zoning bylaw as it applies to the land at the time of approval <br /> of said modification, except that any requirement for a perimeter buffer <br /> area contained in the applicable zoning for either portion need not be <br /> required between said portions. <br /> I <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 <br /> permit. <br /> i <br /> (g) A modification under (b) or (c) above may expand the land area covered <br /> by said special permit, provided that all uses, dimensions and other <br /> aspects of proposed development within the expanded area are in <br /> conformance with the provisions of the zoning bylaw applicable to the land <br /> at the time of approval of said modification and provided that the original <br /> special permit granting authority has authority to approve said proposed (� <br /> uses and development under the provisions of the zoning bylaw applicable <br /> to the expanded land area at the time of approval of said modification." <br /> or take any other action related thereto. <br /> Explanation: <br /> Recent legal opinions by Town Counsel have pointed out that the Planning Board and <br /> Zoning Board of Appeals have no clear authority to modify special permit projects, <br /> particularly where the project proposed to be modified was approved under zoning <br /> standards that are no longer in effect. Any "modification" would, in fact, have to be �I <br /> approved as a new special permit application under currently applicable zoning. This <br /> has created a difficult situation for projects that are underway but are not yet completed <br /> and wish to modify their plans or permit language. This article would create authority for <br /> I� <br /> 1 <br /> J <br />