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square footage of residential or non-resi- the time of approval of said modification, dential structures by more than five percent except that any requirement for a perimeter (5%), increases the land area occupied by buffer area contained in the applicable zon- any use by more than five percent (5%), or ing for either portion need not be required which the special permit granting authority between said portions. believes may potentially impact abutting land owners, may be approved by vote of (f) No modification may increase the number the special permit granting authority only of dwelling units in a project or increase the after a public hearing following the require- maximum rate of development allowed by ments of Subsections(2)through(7)above, the original special permit. provided that it otherwise conforms with (g) A modification under (b) or (c) above may the provisions of this subsection. expand the land area covered by said spe- (c) Any proposed change to the text of a spe- cial permit, provided that all uses, dimen- cial permit decision, except references to a sions and other aspects of proposed devel- opment within the expanded area are in dated site plan amended under the provi- conformance with the provisions of the sions of (a) above, may be approved by f vote of the special permit granting author- zoning bylaw applicable to the land at the ity only after a public hearing following the time of approval of said modification and requirements of Subsections(2)through(7) provided that the original special permit above, provided that it otherwise conforms granting authority has authority to approve with the provisions of this subsection. said proposed uses and development under the provisions of the zoning bylaw applica- (d) Any modification under (b) above which ble to the expanded land area at the time of involves only modifications to the site plan approval of said modification." of the permitted project, such as landscap- or take any other action relating thereto. ing, signage, shape and location of build- �. ings, architectural details, lot lines or road- Submitted by Petition �. way facilities but which, in combination with previous modifications, if any, does Explanation: Recent legal opinions by Town not increase the square footage of residen- Counsel have pointed out that the Planning Board and tial or non-residential structures by more ZBA have no clear authority to modify special permit than ten percent(10%) or increase by more projects, particularly where the project proposed to be I' than ten percent (10%), the land area occu- modified was approved under zoning standards which pied by any use other than open space are no longer in effect. Any modification would, in (including open space used for outdoor fact, have to be done as a new special permit applica- tion under currently applicable zoning. This has cre- recreational activities such as playing fields, tennis courts and golf courses), may ated a difficult situation for projects that have been be approved only if it continues to conform begun but are not yet completed and wish to modify I! with the zoning bylaw applicable to the their plans or permit language. This article would cre- ate authority for special permit modifications of three land at the time of the original special per- sorts: mit approval. 1. Minor site plan changes could be done at a pub- (e) Any other modification under (b) or (c) lic meeting but without advertisement of a public above may only be approved if the pro- hearing. posed modification is in conformance with the applicable provisions of the zoning 2. More significant site plan changes, or changes to bylaw as it applies to the land involved at the text of the permit decision would require an the time of approval of said modification. advertised public hearing with notice to all abut- For the purposes of this subsection,the por- ters within 300 feet and full conformance with all tion or portions of the project to be modi- special permit approval requirement. fled may be separated from the remainder of the originally permitted project, pro- 3. For changes involving an increase of 10%or less vided that the portion not modified Contin- in building area or the area of land occupied by a ues to conform, as a separate entity, with particular type of use, the old zoning applicable the zoning bylaw applicable to the land at to the property when the original permit was the time of the original approval and that approved would continue to apply. An increase in open space,including open space used for out- the portion or portions to be modified con- door recreation, by more than ten percent would form as a separate entity, r' , with the terms of also be governed by the old zoning applicable to the zoning bylaw as it applies to the land at 79