02/13/2008 ZONING BOARD OF APPEALS Minutes

Home Browse Search

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. ... 13. The Board finds that the Applicant could not commence 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. 14. The Board finds the Massachusetts Comprehensive Permit Regulations,760 CMR 56.05 (12)(c), grants the Board 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. 15. The Board finds that the Massachusetts Comprehensive Permit Regulations,760 CMR 56.05 (12)(c),provides a tolling provision to pursue or await the determination of any appeals for other approvals. 16. The Board finds,.that 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; 17. The Board finds that the time periods for the exercise of the rights granted by the Comprehensive Permit and the Planning Board Special Permit should be co-terminus and run from the date of the Planning Board Special Permit. 18. The Board finds that the running of the three-year time period for the Comprehensive Permit did not commence to run until the Applicant had received the Planning Board Special Permit. 19. The Board finds that the rights under the Comprehensive Permit could not be exercised or commenced until the Applicant obtained the Special Permit from the Planning Board. 20, The Board finds that 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. 21. The Board finds therefore that the three-year time period for the exercise of the rights under the Comprehensive Permit should run from the date of the filing of the Planning Board Special Permit, which was April 2, 2008. 22.The Board finds that the Comprehensive Permit was.in effect until April 2,2011; 23. The Board finds that the three-year extension previously granted runs from April 2, 2011 until April 2,2014. 6