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� 7� 1 9 . 43 The application to the Planning Board for a special permit ll� 1 , ' for a Cluster Develonment shall include all materials lig l required by the Subdivision Regulations for a Preliminary J � 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 from the Board of Health, Conservation Commission, Town Planner, Recreation Commission , Superintendent of Streets, "! i• Fire Department and Police Department indicating that copies i ' xl 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 proposed Cluster Development tract, I !�! After submission of the required materials to the Board, the applicant shall forthwith deliver a copy of said materials , ii I t ' along with written notice that the application materials have been submitted to the Board, to the Town Clerk. Within 65 days, 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 II; IE Section 11 , chapter 40A of the General Laws . Iliii ) 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 . 'Il ' � Failure by the Board to take final action upon the application for a special permit within said ninety days following the Eli date of the public hearing 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 Plannina Board based on the application ,I ! vwll matezials , any comments received from other Town agencies or at the public hearing, the criteria contained in Sub- i a section 9 . 42 and on the best judgement of the Board regarding the accomplishment of the purpose of this Section and the protection of the public health, safety and welfare. The l i Board may require any reasonable conditions to ensure that ( ' the criteria and purpose are met and that public interests are protected, I '! Special permits -ranted under this Subsection 9 . 4 shall lapse within two (2) years , w.-iich shall not include such time (f required to pursue or await the determination of an appeal under Section 17 , --haoter 40A of the General Laws , from the i 1 grant thereof, if a sebstantial use thereof has not sooner commenced except for good cause. Construction of streets and � I utilities shall constitute substantial use for the purpose of this paragraph. II'� Amended at Special Town Meeting, December 2 , 1985 , approved f � by Attorney Leneral April 3 , 1986 Article 67 1 � t III Iifia �