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r 9 . 43 The application to the Planning Board for a special permit g for a Cluster Develooment 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 at a regular meeting of the Board, along with receipts Ali from the Board of Health, Conservation Commission, Town Planner, Recreation 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 ! I I available addresses of all persons owning land within three II hundred (300) feet of the proposed Cluster Development tract . After submission of the required materials to the Board, i ,� ,,` the applicant shall forthwith deliver a copy of said materials , i � " ( along with written notice that the application materials I ,? have been submitted to the Board, to the Town Clerk. Within 65 days , y q but no less than 40 days, after the required application materials have been submitted, the Board shall hold a public hearing, notice of which shall be published and sent by mail to all parties in interest in conformance with r' Section 11, chapter 40A of the General Laws . i The Planning Board shall, within ninety (90) days following € : the public hearing, take final action to approve, approve ;F h subject to modifications , or deny the special permit applicst4 - ." Failure by the Board to take final action upon the application `or a special permit within said ninety days following the date of theublic hearing p g shall be deemed to be grant of the permit applied for. Approval of the special permit shall require a four-fifths (4/5 ) vote of the Planning Board based on the application I materials , any comments received from other Town agencies or at the public hearing, the criteria contained in Sub- I, section 9 . 42 and on the best judgement of the Board regarding ih the accomplishment of the purpose of this Section and the � I I protection of the Public health, safety and welfare. The � . r Board may require any reasonable conditions to ensure that the criteria an purpose are met and that public interests are protected. ry9 Special permits ;=s_^.ted under this Subsection 9 . 4 shall lapse within two (2) years , which shall not include such time reauir=_d to pursae or await the determination of an appeal � under Section7 , 2_.acter 40A of the General Laws , from the grant thereof, if a sebstantial use thereof has not sooner ? ccinmenced except for good cause. Construction of streets and utilities shall cor._,�:itute substantial use for the purpose I of this paragraph. f� ?-vended at Special ^own Meeting, December 2 , 1985 , approved by Attorney '-'eneral April 3 , 1986 Article 67 x�. JAI it !