Expiration of variances and special use permits

A. One-year time limit and one-year extension. Any variance or special use permit shall expire one (1) year after the date of the filing of the decision in the office of the town clerk, unless the applicant shall, within one (1) year, obtain a legal building permit and proceed with the construction, or obtain a certificate of occupancy when no legal building permit is required. If application is made prior to the expiration of the initial one-year period, the board may, upon written request and for cause shown, renew the variance or special use permit for a second one-year period. Said request for an extension need not be advertised nor noticed.

B. Further extension for cause. Should an applicant fail to begin construction with a legal building permit, or obtain a certificate of occupancy within the second one-year period, the board may upon written request filed prior to the expiration of the second one-year period, renew the variance or special use permit for a third one-year period provided that the applicant can demonstrate due diligence in proceeding and substantial financial commitment in promoting the subject of the variance or special use permit since the date of the filing of the resolution. Notice shall be given in accordance with section 906 and a hearing shall be held on the request.

C. Pendency of court actions. None of the above one-year periods shall run during the pendency of any Superior Court actions seeking to overturn the grant.