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Article 67 (continued) <br /> ( 8. NO CHANGE) <br /> ( 9. NO CHANGE) <br /> (10. NO CHANGE) <br /> "11 . All wetland areas as defined in Section 40 , Chapter 131 of <br /> the General Laws , plus a minimum of thirty-five percent (35%) <br /> of the total upland area of the tract (excluding roads, <br /> street layouts and other travelled ways) , including all land <br /> within one hundred (100) feet of said wetland areas, shall <br /> be preserved as Open Land as described in criteria 6 and 7 <br /> above. " <br /> Also, revise Subsection 9. 43 to read as follows: <br /> 119 . 43 The application to the Planning Board for a special permit <br /> for a Cluster Development shall include all materials re- <br /> quired by the Subdivision Regulations for a Preliminary <br /> Plan, plus the required application forms, fees and any <br /> other materials required by the Board, and shall be filed <br /> at a regular meeting of the Board, along with receipts <br /> from the Board of Health, Conservation Commission, Town <br /> Planner, Recreation Commission , Superintendent of Streets , <br /> Fire Department and Police Department .indicating that <br /> copies of the required application materials have been <br /> recei-ied by those agencies and a list of the names and <br /> most recent- available addresses of all persons owning <br /> land wit'-in three hundred (300) feet of the proposed Cluster <br /> Development tract. After submission of the required <br /> materia�_s tc the Board, the applicant shall forthwith de- <br /> liver a copy of. said materials , along with written notice <br /> that the application materials ahve been submitted to the <br /> Board, to the Town Clerk. <br /> With-n 65 days , but no less than 40 days, after the re- <br /> quired application materials have been submitted, the <br /> Bcard shz_11 ~.old a public hearing, notice of which shall <br /> c. and sent by :nail to all parties in interest <br /> in with Section 11 ,. chapter 40A of the General <br /> Laws . <br /> The Planning Board shall, within ninety (90 ) days following <br /> the, public hearing, take final action to approve, approve <br /> subject to modifications , or deny the special permit . <br /> application. Failure by the Board to take final action <br /> -ipon -_..e- application . for a special permit within said <br /> ninet-; Says following the date of the public hearing <br /> shall :_emed be grant of the permit applied for. <br /> Atipro'_al of the special permit shall require a four-fifths <br /> (= vote of the Planning Board based on• the application <br />