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' <br /> Jon Furbush <br /> Jon Furbush <br /> Cc: Mary Ann Romero; Joyce M. E <br /> Subject: RE: ZBA AGENDA DATED WJEDNESDAY, MARCH 27, 2 3 M31A3H NVId <br /> Importance: High <br /> Jon: <br /> The attached Request For Extension of the Lapse Date uf the Jobs-Whiting Trust Comprehensive Permit ixbeing <br /> requested by the Applicant in accordance with the provisions of 760 CMR 56.05 (12)(c), which is set forth below. While <br /> the Applicant is not entitled to an extension of this permit, as a matter of law under the Permit Extension Act, the <br /> provisions of§56.05 (12)(c), below, clearly allow the ZBA to extend the comprehensive permit lapse date for good cause. <br /> This provision has been construed liberally to afford zoning boards broad discretion to extend a permit lapse deadline <br /> when they deem such action appropriate. <br /> (o)Lapse of Permits. If construction authorized 6vo Comprehensive Permit has not begun within three years ofthe <br /> date no which the permit becomes final except for good cause,the permit shall lapse. This time period shall betolled <br /> for the time required to pursue oz await the determination oo any appeal on any other state oz federal pennbor <br /> approval required for the Project. The Board or the Committee may set o later uatefor lapse of the permit, and it <br /> may extend any such date.An extension may not be unreasonably denied or denied due to other Projects built or <br /> onprovedimtheimterim. Exdmooioowfapmnnbo6u}lont b»itself,constitute a substantial change pursuant tn7hO <br /> R5M.07(4). (emphasis odJe6). <br /> ~ <br /> The Applicant's request is based upon the fact that the Planning Board Special Permit relating to the <br /> commercial component of the subject mixed-use Project, asextended, w/iUnotexpireUnti| April 2, 2014. |tis <br /> seeking an extension of the comprehensive permit relating to the residential component of the Projecttothat <br /> same date. Based on the circumstances cited in the attached Request and the proposed Findings, | do not <br /> believe that this request for extension isunreasonable. <br /> Note that such a request for extension of lapse time period does not, per se, constitute a substantial change in <br /> the comprehensive permit per 760 CIVIR 56.07(4). If after a Comprehensive Permit is granted by the Board, an <br /> Applicant desires to change the details of its Project asopprovedbythe8oard, itsha|l promptly notify the <br /> Board inwriting, describing such change. Within 20 days the Board shall determine and notify the Applicant <br /> whether it deems the change substantial or insubstantial, with reference to the factors set forth at 760 CK4R <br /> 56.07(4). If: (a) the change is determined to be insubstantial by the Board, or (b) the Board fails to notify the <br /> Applicant of its determination that the proposed change IS substantial by the end of such 2O-day period, the <br /> Comprehensive Permit shall be deemed modified to incorporate the Change. A full public hearing under GL c. 40B <br /> is not required to implement an insubstantial change to a comprehensive permit. <br /> Let me know if you have any further questions regarding this matter. <br /> Pat <br /> Patrick J. Costello <br />