1996-03-05- to 1996-05-15 ATM-min

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25s • Article 29 17 Section 9. Residential Developments 9.7.2 SPGA The Planning Board shall be the Special Permit Granting Authority for all residential development with three or more dwelling units except for a development in an RD district and for the conversion of a municipal building.(See subsection 8.3.4 for a development in an RD district,where the Board of Appeals is the SPGA; see subsection 9.8 for conversion of a municipal building,where the Board of Selectmen is the SPGA.) In acting upon applications for special permits with site plan review, the SPGA shall be governed by the provisions of Sections 3.4 and 3.5. 9.7.3 SPECIAL PERMIT APPLICATION REQUIREMENTS The application to the SPGA for a special permit with site plan review (SPS) under this section shall be accompanied by a definitive site development plan, as described in subsection 3.6 and where the Planning Board is the SPGA, as the Planning Board may describe in its Development Regulations. Where the applicant submits a definitive subdivision plan complying with the Subdivision Control Law and the Planning Board's"Development Regulations", insofar as practical, the public hearing on the application for the special permit with site plan review and the definitive subdivision plan shall be held concurrently. 9.7.4 SPECIAL PERMIT PROVISIONS In addition to the conditions cited in paragraph 3.4.3, the SPGA may grant a special permit with site plan review for the development of a tract of land in a residential district provided it makes a determination that the proposed development is consistent with the standards and criteria set forth in subsection 9.5.5 and 9.6.5, subject to the following provisions: a. the special permit shall incorporate by reference the building design and definitive site development plans filed with the application for a special permit; b. that,where applicable,the special permit shall incorporate by reference,any legally binding document that has been submitted to ensure the completion and continued availability of any proposed improvement or special condition; c. The SPGA may require that the amount of development be less than that shown on the definitive site development plan if it determines that the criteria contained in subsections 9.5.5 or 9.6.5 so require. 9.7.5 DENIAL OF SPECIAL PERMIT The SPGA may deny an application for a special permit with site plan review hereunder and base its denial upon: a. a failure to comply with the provisions set forth in Section 9,or b. a finding that the proposed development would not be consistent with the general objectives for planned residential development set forth in subsection 9.1.1,or the criteria set forth in subsections 9.5.5 or 9.6.5. 9.7.6 REVISION OF SPECIAL PERMIT Subsequent to a special permit with site plan review granted by the SPGA under the provisions of this section, minor revisions may be made from time to time in accordance with applicable law,by-laws,and regulations, but the residential development with three or more dwelling units approved under such SPS shall otherwise be constructed in accordance with the approved definitive site development plan.The developer shall notify the SPGA in advance of any such revision which shall not be effective until approved by vote of the SPGA. If the SPGA determines such revisions not to be minor,it shall order that an application for a revised SPS be filed, and a public hearing be held in the same manner as set forth in Section 3.5.