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i part of the special permit decision or shall be noted on, ing developed by the Mashpee Housing Authority, to or referred to as an attachment to, any plan of land low or moderate income housing units as defined by to be recorded. Such phasing schedule may be subse- the Massachusetts Department of Community Affairs. quently modified by a majority vote of the Planning The provisions of Subsection 6.4.1 and 6.4.2 shall also r ,4 Board, provided that such modification is also consis- not apply to lots in subdivisions protected temporari- tent with Subsection 6.4.1.1 and is duly recorded as an ly from the provisions of this section by Massachusetts amendment to the special permit decision or recorded General Laws Chapter 40A, Section 6, except that plan of land. building permits for lots in said subdivisions shall be 6.4.1.3 counted toward the annual total building permit limits Any land for which a phasing schedule is approved of Subsection 6.4.2.1. under this subsection which is thereafter sold or other- 6.4.3.2 wise transferred to another owner shall include in the The provisions of Section 6.4 shall not apply to non- deed the earliest date on which a building permit or per- residential structures, accessory'structures, or altera- mits may be issued in accordance with the phasing tions or additions which do not create a new dwelling schedule and a specific reference to the date on which unit. said schedule was approved by the Planning Board. 6.4.4 Administration j Any request for modification of the phasing schedule 6.4.4.1 shall require the written approval of all land owners The Building Inspector shall compile and keep up-to- or persons with an ownership interest in any lands to date a listing of all subdivisions,special permit projects be ncluded in said modification and no modification and other lands which are exempt or protected tempor- shall be approved by the Planning Board until it has arily from the provisions of Section 6.4 either under a held a public hearing regarding said request with prop- Subsection 6.4.3 or under any applicable provisions of er public notice and notice to all parties in interest as Massachusetts General Laws and the date on which any required for the original project approval but includ- temporary protection will expire. ing, at a minimum, all abutters. 6.4.4.2 The Building Inspector shall determine prior to Jan- 6.4.2 Building Permit Limits uary 15 of any calendar year the number of existing ' 6.4.2.1 dwelling units in the Town on,plus any dwelling units (' Notwithstanding the provisions of Subsection 6.4.1, for which building permits were issued by, December within any year the number of new dwelling units for 31 of the previous year which have not expired.On the which building permits may be issued shall not exceed basis of that information and the provisions of Subsec- 2%z percent of the total of the number of existing dwell- tion 6.4.2.1 he shall determine the number of dwell- ing units in the Town on,plus any uncompleted dwell- ing units not exempted by Subsection 6.4.3.1 which ing units for which building permits have been issued may be issued permits during said calendar year. and have not expired by,December 31 of the previous 6.4.4.3. year, except that permits for 400 dwelling units may Applications for building permits for new dwelling be issued in 1987, permits for 300 dwelling units may units may be filed only during the first fifteen(15)days be issued in 1988 and permits for 200 dwelling units of any month. However, no such permits will be ap- may be issued in 1989. proved until after the fifteenth day of the month to al- low proper review and determination of the order of 6.4.2.2 priority in which they may be issued. Within any calendar month,building permits for new Permits which are exempted by Subsection 6.4.3 or dwelling units may be issued for not more than ten(10) temporarily protected by Massachusetts General Laws . percent of the number of new dwelling units allowed from the provisions of this section may be applied for during that year under Subsection 6.4.2.1.Within said or issued at any time. limit, the actual number of permits issued shall be at 6.4.4.4 the discretion of the Building Inspector provided the In issuing building permits,the Building Inspector shall annual limit specified by Subsection 6.4.2.1 is not first determine that the application and proposed struc- exceeded. ture conforms with the rules and regulations of the Board of Health, with any applicable building codes 6.4.3 Exemptions and with this Zoning By-Law,including the provisions of Subsection 6.4.1. For those applications which are 6.4.3.1 in conformance and may otherwise be issued,building The provisions of Subsections 6.4.1 and 6.4.2 shall not permits shall be issued, within the monthly limit,in the apply to Open Space Incentive Developments approved following order of priority: f.r. under Section 9.3, to developments previously ap- First — Provided that the annual limit has not been proved under an unexpired special permit which includ- exceeded, in the order of their receipt by the Building ed a specific annual phasing schedule,to public Nous- - 75 - t"