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Within 65 days, but no less than 40 days, 'after the required application` <br /> materials have been submitted, the Board shall hold a puuli.c'hearingr <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 /> Y <br /> The Planning Board shall, within ninety (90) ,days Following the `public <br /> hearing� take.final action' toapprove,� approve'.subject`to modifications,' <br /> or deny the ;special permit. application. ,;Failure, by the Board, to `take <br /> final action upon the 'applicati.on �for a special permit within said <br /> ninety days following ;the:date Qf the public hearing "shall "be;deemed <br /> to be grant ,oE the permit applied Eor: <br /> N Approval of :the special perinit shal xequire four ;fifths �4/a) vote <br /> 'Planning . o, ;based on the application materials,` any'c is <br /> received from other Town a enci41 <br /> es'or at and, <br /> public hearing, the <br /> # criteria contained in Subsection" 42 and on the best judgement of bhe <br /> a g Board regarding'the accomplishment of the 'purpose`of; this Section aril the <br /> `FiprotIS <br /> ection Hof the public healthy r safely and welfare. Beard may * <br /> rquire` any reasonable; conditxgna tQ erisur@ that th@ tritir a aT1K� ` <br /> � purpoe are met and that 'putlic nterests:`are,`pro tected. 3* " x= ' AA <br /> c '��� ,- zT ,cc 4u �' f .s• ''.a`, ," xx' s" '`l` :ems 3 <br /> ;+ " 1 f`-MA <br /> aermits,granted under this Subsection g:4 shall lapse withxng. <br /> rt <br /> two years, including such time required to rsue or await the r <br /> , <br /> u � det x u�atior of an appeal under; Section;17, Chapter AOA of the General <br /> "Laws; from thegrant thereof, i f` a substantial :use thereof has riot <br /> sooner ;cormnenced `'excep't fors good cause. ` Construction of `streets an <br /> utilities 'shall constitute substantial use Eor the ;Purposes oi ' this <br /> ` w„a�"'ag <br /> _ . <br /> 1so, revise Subsection 9.44 .ta read as plows:777 <br /> "9.44 After a;special permit for a Cluster Development has;been <br /> approved by the Planning Board, ari application may., filed .tor <br /> a DefinitzveSubdivision Plan based on the special permit approval <br /> and conditions and following the' nozmalprocedures :apecif ed in„ <br /> the vision,,R e" <br /> gu ations for Definitive'Plans, ,No Preliminary <br /> Plan submittal will be`°required.`= <br /> t. <br /> 9 30 T9. consider'`the following proposed change "in tM' Town's Zoni` -7Law. <br /> To 'see Lf the Town will vote to amend the Zoning By-law"by"amending s <br /> ti <br /> Subsecton .9.6 by adding to 'the;firstsentence `the words "Building <br /> Inspector,",.before "Planning Board";and the words ''!and sign permits" <br /> after the words "special permits" so that the first sentence shall <br /> read as _follows. <br /> "A.Design Review Committee shall 'be establishedto,advise the <br /> Building Inspector, Planning Board and Board of.Zoning Appeals on <br /> mattersof architectural and design concern in'the review of <br /> , <br /> applicat ions ;for` pedal permitsy'an d sigri`permit's in the R-4, R-3M, <br /> C 2, Z It C 1, C 1-SV Incentive," - nceritiv �Zo <br /> and C 1-0 I e' ning Districts. <br /> Also, by amending Subsection 10.2.2 by adding the following sentence: <br /> Any sign over six (6) square feet in a commercial or industrial <br /> zoning district `or for a commercial) office or industrial use in a <br /> residential zoning district, shall require review and approval by <br /> the Design Review Committee prior,to the issuance of a permit for <br /> said _sin �� <br /> g by -,the,Building Inspector. <br /> 9:45 Open Space Incentive Development (OSID) <br />