increase the number of lots, or alter the ways, common areas, or open space provided for by such special permit, without a modification of the special permit.
A Special Permit under this Section shall lapse if substantial use or construction has not commenced within two (2) years from the date the special permit decision is filed with the Town Clerk, not including appeals periods, except for good cause shown. An extension of time may be granted by the Planning Board upon application by the owner/applicant prior to the expiration and upon review of the circumstances and a finding of good cause.
Relationship to Subdivision Control Law
Nothing contained herein shall exempt a proposed subdivision from compliance with other applicable provisions of this Bylaw or the Subdivision Rules and Regulations of the Planning Board, nor shall it affect the right of the Board of Health and of the Planning Board to approve, condition or disapprove a subdivision plan in accordance with the provision of such Rules and Regulations and of the Subdivision Control Law. To the extent possible, the application for approval of an Open Space Residential Development and a definitive subdivision application shall be processed and administered contemporaneously. An application for an OSRD shall be followed by an application for a Definitive Subdivision Plan, as necessary.
If any provision of this Bylaw is held invalid by a court of competent jurisdiction, the remainder of the Bylaw shall not be affected thereby. The invalidity of any section or sections or parts of any section or sections of this Bylaw shall not affect the validity of the remainder of the Sturbridge Zoning Bylaw.
Or take any action in relation thereto.
RECOMMENDATION OF THE FINANCE COMMITTEE: That the Town vote to approve the article as written. Voted 8-0-1.
RECOMMENDATION OF THE BOARD OF SELECTMEN: That the Town vote to approve the article as written. Voted 4-0.
RECOMMENDATION OF THE PLANNNING BOARD: That the Town vote to approve the article as written. Voted 5-0.