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....COPY.... <br /> From:Patrick Costello <br /> Sent:Friday,March 22,2013 3:37 Phi <br /> To:'Jon Furbush' <br /> CC:'Mary Ann Romero;loyce bt.Mason <br /> Subject RE:ZBA AGENDA DATED WEDNESDAY,MARCH 27,2013 '.. <br /> Importance:High <br /> Jon: <br /> The attached Request For Extension of the Lapse Date of the lobs-WhitingTwst Comprehensive Permit is being requested by the Applicant in accordance with the provisions of 760 CMR 56.05(12)(c), <br /> which is setforth below.While the Applicant is not entitled to an extension of this permit as a matterof law underthe Permit Extension Act,the provisions of§56.05(12)(c),below,dearly ailowthe ZEA <br /> to extend the comprehensive permit lapse date forgood cause.This provision has been construed liberally to afford zoning boards broad discretion to extend a permit lapse deadline when they deem <br /> such action appropriate. <br /> (c)Layse of Permits.If construction authorized by a Comprehensive Pennit has notbegun within three years of the date on which the permit becomes final except for good cause,the pennit shall <br /> lapse.This time period shall be tolled for the time required to pursue or awaitthe determination on any appeal on any other state or federal permit or approval required for the Project.Ina Board <br /> or Ilto Committee mar set a later date for lapse ofthe porno;cord dtmay&Trend cony such date..4n cv insfon may nor be urrr¢asotrabty disnmd or dented due to other prolacts built or approved in <br /> the btrerfin.Extension of a permit shall not,by itself,constitute a substantial change pursuant to 760 C�fR 56.07(4).(emphasis added). <br /> The Applicant's request is based upon the fact that the Planning Board Special Permit relating to the commercial component of the subject mixed-use Project as extended,will not expire <br /> until April 2,2014.It is seeking an extension of the comprehensive permit relating to the residential component of the Project to that same date.Based an the circumstances cited in the <br /> attached Request and the proposed Findings,1 do not believe that this request for extension is unreasonable. <br /> Note that such a request for extension of lapse time period does not per se,constitute a substantial change in the comprehensive permit per 760 CIVIR 56.07(4),if after a Comprehensive <br /> Permit is granted by the Board,an Applicant desires to change the details of its Project as approved by the Board,it shall promptly notify the Board in writing,describing such change. <br /> Within 20 days the Board shall determine and notify the Applicant whether it deems the change substantial or insubstantial,with reference to the factors set forth at 760 CPAR 56.07(4).If. <br /> (a)the change is determined to be insubstantial by the Board,or(b)the Board fails to notify the Applicant of Its determination that the proposed change IS substantial by the end of such <br /> 20-day period,the Comprehensive Permit shall be deemed modified to incorporate the Change.A full public hearing under GL a408 Is not required to implement an insubstantial change to a <br /> comprehensive permit. <br /> Let me know if you have any further questions regarding this matter. <br /> Pat <br /> Patrick J.Costello <br /> Laadwna CosxYq Canna&Pjaf,,,LLP <br /> 101 Summer Street <br /> Boston,MA 02110 '.. <br /> 617439-0305 <br /> (fax)617-439-0325 <br /> NOTE:We e4nai is a confidential and preideged bah5w"ilodson.CoefeYo.Condon&Pfaff LIP and theft Trended raeipierd To tta extent tW communication contains 6¢gail ad✓fce or <br /> course►it is not Treaded to be a public record to the extent exempted under the doctrine of attomeyicrient pif✓dege or any other applicable authority.Use of the information contained is this t mal by <br /> anyone other than the Trended recipient is prohibited IPyoa have recei✓ed this message io emx please notify the sender inimedratek and promptly destroy any record oft?"etmai <br /> MASHPEE TOWN CLERK <br /> AUG 19 2013 <br /> RECEIVED BY <br />