06/05/2002 PLANNING BOARD Minutes

Home Browse Search

After er the expiration of twenty days �rithout notice of appeal to the Barnstable County Superior Court,, or, if an appeal has been taken,, after receipt of certified records of the Superior court indicating that such approval has become final, the Town Clerk shall issue a certificate stating the date of approval, the fact that the Board failed to tare final action and that the approval res6lting from such'failure has become final, and such certificate shall be forwarded to the applicant. r . The Board will cause to be made a Special Pefmit Decision or Special Permit Modiffcadon Decision) document, including a detailed record of its proceedings on the application setting forth clearly the reason for its decision and of its official actions, its findings, any conditions on an approval and any attachments, and indicating the vote of each member on the decision, or i absent or failing to vote, indicating such fact, copies of which shall be filed within fourteen days of the. Board's vote in the office of the Town Clerk and shall be deemed a public record. Said document may also include notice of when the permit will lapse, as Well as signature lines for a representative of the Board indicating that the document is a true copy as approved by the Board, for the Torn clerWs certification of the date the decision document was filed, of the date that notice was mailed to the parties in interest and that no appeal of the Board's decision was filed within twenty days of filing the decision document or that any appeal has been dismissed or denied, and for signature by the members of the Board after-the latter certification by the Town clerk. o. Notice of the decision shall be mailed forthwith by regular mail to the applicant, to the parties in interest and to every person present at the public hearing who requested that notice be sent to him and stated the address to which such notice was to be seat. Each such notice shall specify that appeals, if any, shall be made pursuant to Chapter 40 , Section 17 of the General Laws and shall be filed within twenty days after the date of filing such nonce in the office of the Town Clerk. P. After notice from the Town Clerk that no appeals have been filed or that any appeal has been dismissed or denied and the Board's decision stands, the Special Permit ed ion or Special Permit Modification Decision document will be signed by at feast four members of the Board and will be released to the -applicant for recording. Chapter 40 1, Section 11 of the General Laws specifies that no special permit, or any extension, modification or renewal thereof, shall tale effect until a copy of the.decision bearing the certification of the Torn CJ rk that twenty days have elapsed after the decision was filed in the office of the Town clerk and no appeal has been filed or that if such appeal has been filed, that it has been dismissed or denied, and if approved by reason of the failure of the Board to -act thereon within the time prescribed, a copy of the special permit application accompanied by the certification of the Town clerk stating the fact that the Board failed to act within the time prescribed and no appeal has been filed and that the grant of the application resulting from such failure to act has become final or that if an appeal has been ailed, that it has been dismissed or denied, is recorded in the Barnstable County Registry of Deeds and is induced in the grantor index under the name of the owner of record -or is recorded and noted on the owners -certificate of title. The fee for recording or-registering shall be paid by the owner or applicant. Q. The Special Permit Decision or Special Permit ModiflcaiYon Decision shall be recorded before the issuance of any building permit, or within sic months of its signature by the Board, whichever is sonner, and a copy of said recorded decision indicating the Barnstable county 13