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<br />August 10, 20091 Volume 31 No. 15 <br /> <br />Zoning Bulletin <br /> <br />cial permit contain[ed] no time limit, there [wa]s no basis to conclude. <br />that the special permit hard] lapsed." <br /> <br />See also: Bernstein v. Chief Building Inspector, 52 Mass. App. Ct. 422, <br />754 N.E.2d 133, 2001 WL 994121 (2001). <br /> <br />Case Note: The court recognized that a special permit "should not <br />ordinarily be 'warehoused indefinitely.'" The court noted that: "The <br />two-year lapse period set forth in [the state statute,] and parallel <br />. municipal bylaws aim to prevent such warehousing." Moreover, the <br />court suggested that municipal planning boards or other special per- <br />mit granting authorities. that were concerned about lengthy delays <br />in phased construction projects could "alleviate such concerns by <br />including an express time limitation as a condition of approval of <br />a special permit for a phased construction project." The court sug- <br />gested other means of monitoring of special permits could also be <br />employed, including imposing conditions that a special permit be <br />periodically reviewed or that the permit be nontransferable. <br /> <br /> <br />12 <br /> <br />@ 2009 Thomson Reuters <br /> <br />66 <br /> <br />.~ <br />( \ <br />: ) <br />