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Explanation: In reviewing an amendment adapted after a public hearing following the require- under article 9 of the warrant for the October 7, 1991 ments of Subsections(2)through(7)above, Annual Town Meeting warrant,the Attorney General's provided that it otherwise conforms with office noted that amendments to the zoning bylaw had the provisions of this subsection. left Subsection 174-79.B. with subsections (1), (2), (c) Any proposed change to the text of a spe- !: (3), (4) and (7) and suggested that we renumber sub- cial permit decision, except references to a section (7) to become (5) to avoid any confusion i' because of out-of-sequence numbering. This article dated site plan amended under the provi- would do so. cions of (a) above, may be approved by vote of the special permit granting author- J Planning Board voted at a Public Hearing held on ity only after a public hearing following the April 19,2000 3-0 for approval. requirements of Subsections(2)through(7) Motion made b Selectman Marsters. above, provided that it otherwise conforms y with the provisions of this subsection. Motion: I move Article 35 be voted as printed in the (d) Any modification under (b) above which warrant with the exception of the phrase, "or take any involves only modifications to the site plan other action relating thereto". of the permitted project, such as landscap- Motion passes unanimously at 7:47 p.m. ing, signage, shape and location of build- ARTICLE 36 ings, architectural details, lot lines or road- way facilities but which, in combination To see if the Town will vote to amend the zoning with previous modifications, if any, does bylaw by adding the following new subsection 174- not increase the square footage of residen- 24.C.(9): tial or non-residential structures by more "(9) Special Permits which have not lapsed under the than ten percent(10%) or increase the land provisions of Subsection (8) above may be mod- area occupied by any use by more than ten , ified by the original special permit granting percent (10%), may be approved only if it authority, with any vote requiring approval of continues to conform with the zoning L bylaw applicable to the land at the time of four of five Planning Board Members or a unan- the original special permit approval. imous vote of the Zoning Board of Appeals as follows: (e) Any other modification under (b) or (c) f (a) Minor changes to the site plan of the per- above may only be approved if the pro- posed modification is in conformance with mitted project, such as landscaping, sig- the applicable provisions of the zoning nage, shape and location of buildings, abylaw as it applies to the land involved at architectural details, lot lines or roadway the time of approval of said modification. facilities, may be approved by the special For the purposes of this subsection,the por- permit granting authority under the terms of the zoning bylaw as it applied to the tion or portions of the project to be modi- grant of the original special permit, pro- fied may be separated from the remainder of the originallyi permitted project, pro- vided that said authority determnes by vote at a public meeting that said changes do not vided that the portion not modified contin- violate the terms of said zoning bylaw, the ues to conform, as a separate entity, with terms or conditions of the original special the zoning bylaw applicable to the land at !. permit decision or the provisions of subsec- the time of the original approval and that j tion (2) above and that they do not require the portion or portions to be modified con- tas a separate entity, with the terms of approval under the process described in (b) the zoning bylaw as it applies to the land at or(c) below. the time of approval of said modification, (b) Any proposed change to the site plan of a except that any requirement for a perimeter project which, in combination with previ- buffer area contained in the applicable zon- ous modifications, if any, increases the ing for either portion need not be required square footage of residential or non-resi- between said portions. dential structures by more than five percent (5%) increases the land area occupied by (f) No modification may increase the number any use by more than five percent(5%), or of dwelling units in a project or increase the maximum rate of development allowed by which thes special permit granting authority believes may potentially impact abutting the original special permit. land owners, may be approved by vote of (g) A modification under (b) or (c) above may the special permit granting authority only expand the land area covered by said spe 75