1999-TOWN MEETING RECORDS - Laserfiche WebLink

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October 4, 1999 Articles 23 & 25 §174-26. Growth management i . A. Development phasing. Within any year, building permits may be issued for new dwellings on no more than twenty percent(20%) of the lots in any subdivision approved by the Mashpee Planning Board under the Massachusetts Subdivision Control Law(the most recent such plan applicable to the lot shall apply),or twenty percent (20%) but at least one (1) of the lots shown on a plan of land not requiring subdivision approval recorded after May 1.1, 1987,or twenty percent(20%)of the approved dwelling units in any other type of residential or mixed-use development under a special permit. Such limit shall not apply to any other preexisting and otherwise buildable lot. In the case of fractional numbers greater than one-half(1/2), the number of permits issued may be rounded upward. B. Building permit limits. (1) Notwithstanding the provisions of Subsection A, within any year the number of new dwellings units for which building permits may be issued shall not exceed two and one-half(2 1/2%) of the total of the number of existing dwelling units in the town on, plus any uncompleted dwelling units for which building permits have been issued and have not expired by, December 31 of the pervious year, except that permits for three hundred (300) dwelling units may be issued in 1987, permits for two hundred fifty (250) dwelling units may be issued in 1988, and permits for two hundred (200) dwelling units may be issued in 1989. (2) Within any calendar month, building permits for new dwelling units may be issued for not more than ten percent (10%) of the number of new dwelling units allowed during that year under Subsection B(1). Within said limit, the actual number of permits issued shall be at the discretion of the Building Inspector,provided that the annual limit specified by Subsection B(1)is not exceeded. i C. Exemptions. (1) The provisions of Subsection A shall not apply to open space incentive developments approved under §174-46, developments approved prior to May 11, 1987, under an unexpired special permit which included a specific annual phasing schedule, public housing developed by the Mashpee Housing Authority or low- or moderate-income housing units as defined by the Massachusetts Department of Communities and Development(or a successor agency) for this area, provided that sufficient written documentation is submitted as part of the building permit application showing that said units are to be restricted, by a recorded document, to sale, lease or rental as such low- or moderate-income rates (as updated by the above agency) for a period of not less than twenty (20) years, and except that this section shall also not apply to special permits protected, or lots in subdivisions temporarily protected, from the provisions of this section by MGL C.40A, §6. (2) The provisions of this section shall not apply to nonresidential structures or foundations, accessory i structures or alterations, reconstruction or additions which do not create a new dwelling unit,but shall apply to residential foundation permits. i D. Administration (1) The Building Inspector shall compile and keep up-to-date a listing of all subdivisions, special permit projects and other lands which are exempt or protected temporarily from the provisions of this section, either under Subsection C or under any applicable provisions of Massachusetts General Laws, and the date on which any temporary protection will expire. (2) The Building Inspector shall determine prior to January 15 of any calendar year the number of existing dwelling units in the town on, plus any dwelling units for which building permits were issued by, December 31 of the previous year which have not expired. On the basis of that information and the provisions of Subsection B (1) he shall determine the number of dwelling units not exempted by Subsection C which may be issued permits during said calendar year. 27