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9 . 43 The application to the Planning Board for a special permit <br /> for a Cluster Development shall include all materials <br /> required by the Subdivision Regulations for a Preliminary i <br /> Plan, plus the required application forms , fees and any 'IIE ' I <br /> other materials required by the Board, and shall be filed <br /> at a regular meeting of the Board, along with receipts <br /> from the Board of Health, Conservation Commission, Town <br /> Planner, Recreation Commission, Superintendent of Streets, <br /> Fire Department and Police Department indicating that copies ,I € <br /> of the required application materials have been received by I � v <br /> those agencies and a list of the names and most recent <br /> available addresses of all persons owning land within three <br /> hundred (300) feet of the proposed Cluster Development tract. <br /> After submission of the required materials to the Board, I�i = <br /> the applicant shall forthwith deliver a copy of said materials , { <br /> along with written notice that the application materials I' l . <br /> have been submitted to the Board, to the Town Clerk. <br /> Within 65 days , but no less than 40 days, after the required °" I <br /> application materials have been submitted the Board shall �' fl <br /> hold a public hearing, notice of which shall be published and <br /> sent by mail to all parties in interest in conformance with <br /> Section 11 , chapter 40A of the General Laws . <br /> The Planning Board shall , within ninety (90) days following <br /> the public hearing, take final action to approve, approve ij �� rk' <br /> subject to modifications, or deny the special permit application ., <br /> Failure by the Board to take final action upon the application <br /> for a special permit within said ninety days following the <br /> date of the public hearing shall be deemed to be grant of the <br /> permit applied for. <br /> Approval of the special permit shall require a four-fifths <br /> (4/5) vote of the Plannina Board based on the application <br /> materials , any comments received from other Town agencies <br /> or at the public hearing, the criteria contained in Sub- <br /> section 9 . 42 and on the best judgement of the Board regarding <br /> the accomplishment of the purpose of this Section and theij <br /> protection of the public health, safety and welfare. The <br /> Board may require any reasonable conditions to ensure that <br /> the criteria and purpose are met and that public interests <br /> are protected. I <br /> 1 iB <br /> Special permits granted under this Subsection 9 . 4 shall lapse <br /> within two (2) years , which shall not include such time lyy <br /> required to pursue or await the determination of an appeal <br /> under Section 17 , Chapter 40A of the General Laws , from the III 'I <br /> grant thereof , if a sebstantial use thereof has not sooner <br /> commenced except for good cause. Construction of streets and I <br /> utilities shall constitute substantial use for the purpose ; I <br /> of this paragraph . <br /> Amended at Special Town Meeting, December 2 , 1985 , approved <br /> yi <br /> by Attorney General April 3 , 1986 <br /> �( <br /> Article 67 �� <br />