The provisions of this Article 17 shall be administered by the
Planning Board, except as otherwise provided herein. Any appeal arising
out of a Plan Approval decision by the PAA with respect to a Project
shall be governed by the applicable provisions of MGL Chapter 40R,
except with respect to a Commercial Project or other Development requiring
a special permit or other approval under MGL c. 40A, in which case
the provisions of MGL c. 40A shall govern only the portion of the
Development for which a such special permit or other approval is required.
This Article 17 shall be enforced by the Building Inspector,
who may require the submission of plans, specifications and other
information which he/she deems to be necessary to determine compliance
with its provisions. No Building shall be constructed, reconstructed,
enlarged, altered, moved, removed or demolished as part of a Development
governed by this Article 17 without obtaining a building permit. The
Building Inspector shall withhold such building permit if such Building
or such activity included in such a Development governed by this article
would be in violation of this article. No actual use and occupancy
(as opposed to construction and/or a break-in period testing) of a
Building, a lot, or a portion of either of them shall be commenced
or changed without the issuance by the Building Inspector of a certificate
of compliance. The Building Inspector shall withhold such certificate
of compliance unless the Building Inspector is satisfied that all
work has been completed in accordance with the provisions of the applicable
approved permits and of the applicable provisions of this article,
and that the proposed Use will be in conformity with the applicable
provisions of this article.
In accordance with the provisions of MGL Chapter 40R and 760 CMR 59.00, an Applicant for a Development located within the OSGOD may seek Plan Approval in accordance with the requirements of this Article 17. In such case, then notwithstanding anything to the contrary in this Zoning Bylaw, such application shall not be subject to any other provisions of this Zoning Bylaw, including limitations upon the issuance of building permits for residential Uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to building permit or Dwelling Unit limitations, including but not limited to limitations provided in Article 4, Part
7, Phased Development, of the Zoning Bylaw. The total number of residential Dwelling Units which can be developed within the OSGOD shall not exceed 530, and such Dwelling Units may only be developed within the Residential Mixed-Use Zone and/or the Mixed-Use Development Zone defined below and in accordance with the provisions of this Article 17.