02/13/2008 ZONING BOARD OF APPEALS Minutes

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Whereas,the Applicant could not coininence the construction authorized by the Comprehensive Permit until the Applicant had received the Special Permit from the Planning Board for the commercial portions of the project; Whereas,the Massachusetts Comprehensive Permit Regulations, 760 CMR 56.05 (12)(c) provides a tolling provision in pertinent part as follows: I (c)La sp e of Permits. If construction authorized by a Comprehensive Permit has not begun within three years of the date on which the permit becomes-final except for good cause,the permit shall lapse. This time period shall be tolled for the time required to pursue or await the determination on any appeal on any other state or federal permit or approval required for the Project.The Board or the Committee may set a later date for lapse of the permit, and it may extend any such date. An extension may not be unreasonably denied or denied due to other Projects built or approved in the interim. ... Whereas,under the Massachusetts Comprehensive Permit Regulations Section 12(c), the Board has broad discretion to set a later date for the lapse of the permit, and it may extend any such date, and an extension may not be unreasonably denied; Whereas,the Massachusetts Comprehensive Permit Regulations Section 12(c)provides a tolling provision to pursue or await the determination of any appeals for other approvals; Whereas, although,the current situation does not concern an appeal of the.Comprehensive Permit,it is analogous in that the construction authorized by the Comprehensive Permit could not begin until the Applicant.received the determination of the Planning Permit on the Special Permit for the commercial portions of the project; Whereas, the three-year term for the Comprehensive Permit should commence to run when the Applicant has received the necessary approvals including the approval of the Planning Board so that the running of the terms will be co-terminus; Whereas, the three-year time period for the.exercise of the rights Linder the Comprehensive Permit should thereby be deemed to run from the date of the filing of the Planning Board Special Permit,which was April 2,2008; Whereas, as a result the Comprehensive Permit would be in effect until April 2, 2011 and the three-year extension previously granted would thus run from April 2, 2011 until April 2,2014; Whereas,the Applicant is requesting an extension to the Comprehensive Permit; FINDINGS 4