08/21/2002 PLANNING BOARD Minutes

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,Subdivision of . rid to be endorsed by the Board Chair or designee, with one copy to be forwarded to.the.Building Inspector Zoning Enforcement officer and two copies to be retained for the permanent record by the Town Planner in the Board's files. Q. Notice of the decision shall be mailed forthwith by regular mail to the applicant, to the parties in interest and to eery 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 sent. Each such notice. shall _specify that appeals, if any, shall be made pursuant to Chapter 40A, Section 17 of the General Laws and shall be filed within twenty days after the date of filing such notice in the office of the Town Clerk. j . 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 Decision or ,Special Permit Modifca i n Decision document will be signed by at least four members, of the Board and will be released to the applicant for recording. Chapter 40A,, ectio'n 11 of the General Laws specifies that no special permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the cerd_ficatin of the Town Clerk 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 flied, 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 Cleric stating the fact that the Board failed to act within the time prescribed and n appeal has been filed and that tine grant of the application resulting from such failure to act has become final or that if an appeal has been idled, that it has been dismissed or denied, is recorded in the Barnstable County Registry of Deeds and is indexed 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. s. The Spedal Permit Decision or Sped Spedal Permit Modfica Non Decision sharp be recorded before the issuance of any building permit, or within. six months of its signature by the Board, whichever is sonner, and a copy of said recorded decision indicating the Barnstable County Registry Boot{ and Page at Which it was recorded, along with the date of recording, shall be submitted forthwith to the Board. T. Any open space deed restriction or deed of open -space to the Tern or -a non-profit organization which is required by the Board's decision or by the Zoning By-law shall be recorded within ninety 90 days of the signature of the decision by the Board and a copy of said recorded restriction or deed indicating the Barnstable County Registry Book and Page, or Land Court Certificate Number, at which it was recorded, along with the date of recording, shall be submitted forthwith to the Board. Failure to so record will be considered a violation of the special permit and may result in enforcement action and penalties as authorized by law. U. Any special' permit shall lapse within two years from the grant thereof, or within a shover ' period of time if specified in the Board's decision or modification document, which shall not include the time required to pursue or await the determination of an appeal under Chapter 40A, Section 17 of the General Laws, if a substantial use thereof has not sooner commenced except for good cause, or in the case of a permit for construction, if construction has not begun by such date except -for good cause. The Board reserves the right to include more specific 1