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Conservation Commission , Town Planner , Recreation <br /> Commission , Superintendent of Streets , Fire Department <br /> and Police Department indicating that copies of the <br /> required application materials have been received by <br /> those agencies and a list of the names and most recent <br /> available addresses of all persons owning land within <br /> three hundred ( 300 ) feet of the proposed Cluster <br /> Development tract . After submission of the required <br /> .materials to the Board , the applicant shall forthwith <br /> deliver a copy of said materials , along with written <br /> notice that the application materials have been <br /> submitted to the Board , to the Town Clerk . <br /> Within 65 days , but no less than 40 days , after the <br /> required application materials have been submitted , the <br /> Board shall hold a public hearing , notice of which shall <br /> be published and sent by mail to all parties in interest <br /> in conformance with Section 11 , Chapter 40A of the <br /> General Laws . <br /> The Planning Board shall , 'within ninety (90 ) days <br /> following the public hearing , take final action to <br /> approve , approve subject to modifications , or deny the <br /> special permit application. Failure by the Board to <br /> take final action upon the application for a special <br /> permit within said ninety days following the date of the <br /> public hearing shall be deemed to grant the permit <br /> applied for . <br /> Approval of the special permit shall require a <br /> four-fifths (4/5 ) vote of the Planning Board based on <br /> the application materials , any comments received from <br /> other Town agencies or at the public hearing , the <br /> criteria contained in Subsection 9 .4 . 2 and on the best <br /> judgment of the Board regarding the accomplishment of <br /> the purpose of this Section and the protection of the <br /> public health , safety and welfare . The Board may <br /> require any reasonable conditions to ensure that the <br /> criteria and purpose are met and that public interests <br /> are protected . <br /> Special permits granted under this Subsection 9 .4 shall <br /> lapse within two (2 ) years , which shall not include such <br /> time required to pursue or await the determination of an <br /> appeal under Section 17 , Chapter 40A of the General <br /> Laws , from the grant thereof , if a substantial use <br /> thereof has not sooner commenced except for good cause. <br /> Construction of streets and utilities shall constitute <br /> substantial use for the purpose of the paragraph . <br /> 9 .44 After a special permit for a Cluster Development <br /> has been approved by the Planning Board , an application <br /> may be filed for a Definitive Subdivision Plan based on <br /> the special permit approval and conditions and following <br /> the normal -procedures specified in the Subdivision <br /> 9 - 28 <br />