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P <br /> Within 65 days, but no less than 40 days, after the required application <br /> materials have been submitted, the Board shall hold a public hearing, <br /> notice of which shall be published and sent by mail to all parties in <br /> interest in conformance with Section 11, Chapter 40A of the General Laws. <br /> The Planning Board shall, within ninety (90) days following the public <br /> hearing, take final action to approve, approve subject to modifications, <br /> or deny the special permit application. Failure by the Board to take <br /> final action upon the application for a special permit within said <br /> ninety days following the date of the public hearing shall be deemed <br /> to be grant of the permit applied for. <br /> Approval of the special permit shall require a four-fifths (4/5) vote <br /> of the Planning Board based on the application materials, any comments <br /> received from other Town agencies or at the public hearing, the <br /> criteria contained in Subsection 9.42 and on the best judgement of the <br /> Board regarding the accomplishment of the purpose of this Section and the <br /> protection of the public health, safety and welfare. The Board may <br /> require any reasonable conditions to ensure that the criteria and <br /> purpose are met and that public interests are protected. <br /> Special permits granted under this Subsection 9.4 shall lapse within <br /> two (2) years, including such time required to pursue or await the <br /> determination of an appeal under Section 17, Chapter 40A of the General <br /> Laws, from the grant thereof, if a substantial use thereof has not <br /> sooner commenced except for good cause. Construction of streets and <br /> utilities shall constitute substantial use for the purposes of this <br /> paragraph." <br /> Also, revise Subsection 9.44 to read as follows: <br /> "9.44 After a special permit for a Cluster Development has been <br /> approved by the Planning Board, an application may be filed for <br /> a Definitive Subdivision Plan based on the special permit approval <br /> and conditions and following the normal procedures specified in <br /> the Subdivision Regulations for Definitive Plans. No Preliminary <br /> Plan submittal will be required. <br /> MAS.HPEE PLAt'It<! i'1C BOARD <br /> Ri hard '_ . Durbin ., i_h.� i r•man <br /> Pub] icy.+ ion : <br /> t 0.. G ; , 1 1 _. <br />