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agencies, consultants engaged by the applicant or the Board and the general public, condUct
<br /> any negotiations necessary regarding the application and develop the Board's decision, findings
<br /> and any conditions of approval.
<br /> H. Tine decision of the Board and its filing with the Town Clerk-shall be made within ninety (90)
<br /> days of the close.of said public hearing.
<br /> I. The required time limits for opening a public hearing and reaching and filing the Board"s
<br /> decision may be extended by written agreement between the.applicant and the Board. A copy
<br /> of such agreement shall be filed in the office of the Town Clerk.
<br /> 3. Approval of a special permit shall require a favorable vote of at least-four members of the
<br /> Board, which may include the Associate Member if -one of the five r gular members of the
<br /> Board is not present or has stepped down from acting on the application.
<br /> I . All provisions of these Regulations applicable to a special permit application, unless specified
<br /> otherwise. by the Zoning By-law or these Regulations, shall apply to any application for
<br /> modification or extension of a special.pen it-previously approved by the Board.
<br /> L. Pursuant to the requirements of Subsection I - . . of the Mashpee ZoningBy-law, a
<br /> special permit may be approved only if it is determined that the proposed use or development
<br /> is consistent with applicable state and Town regulations, statutes, bylaws and plans, will not
<br /> adversely affect public health or safety, will not cause excessive demand on community .
<br /> facilities, will not significantly decrease surface or groundwater quality or air quality, will not
<br /> have a significant adverse impact on wildlife habitat, estuarine systems, traffic flow, traffic
<br /> safety, waterways, fisheries, public leads or neighboring properties, will not cause excessive
<br /> levels of noise, vibrations, electrical disturbance, radioactivity or glare, will not destroy or
<br /> disrupt any species listed as rare, endangered or- threatened by the Massachusetts Natural
<br /> Heritage Program or any known historic or archaeologic site, will not produce amounts of trash,
<br /> refuse or debris in excess of the Ton's waste disposal capacities, will properly dispose of
<br /> stumps, construction debris, hazardous materaais and other waste, will provide adequate off-
<br /> street parking, will not cause excessive erosion or cause increased runoff onto neighboring
<br /> properties or into any natural rarer, stream, pond or water body and will not otherwise be
<br /> detrimental to the Town or the area. An applicant should present sufficient evidence to allow
<br /> the Board to make such determinations.
<br /> M. Failure by the Board to tale final action within said ninety days or extended time, if
<br /> applicable, shall be deemed to be a grant of the special permit. Final action, as used here, is
<br /> the filing of the Board's decision with the Town Clerk. Any applicant who seeps such approval
<br /> by reason of the failure of the Board to act within the time prescribed shall notify the Tern
<br /> Clerk, in writing, within fourteen days from the.expiration of 'said ninety days or extended time,
<br /> if applicable, of such approval and that notice K�s been sent by the applicant to all pare in
<br /> interest. The applicant-shall .send such notice to the parties in interest by mail, and each such
<br /> notice shall specify that appeals, if any, shall be made pursuant to Chapter 40A,, Section 17 of
<br /> the General Laws and shall be filed within twenty days after the date the Town Clerk received
<br /> such written notice from the.applicant that the Board failed to act within the time prescribed by
<br /> the General Laws.
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