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Inspector, applications for individual single-family AMENDED VERSION dwellings by the legal owner of any lot on January 1 ARTICLE 15:To see if the Town will vote to amend the of the previous year who has not received a permit for a new residence in Mashpee during the previous 24 Zoning By-Law by adopting the following new Section months and who has documented in writing to the 6.4, or take any other action thereon. Building Inspector his intention to reside on the prem- 6.4 Growth Management ises for at least one year. 6.4.1 Development Phasing Second— Provided that the monthly and annual limits 6.4.1.1 have not been exceeded,permits for any dwelling units Within an for which permits were applied in previous months but Y Year, building permits may be issued for new dwellings on no more than twenty(20)percent of were not approved based on the provisions of Section the lots in any subdivision approved by the Mashpee 6.4 may be approved, in the order of their receipt by Planning Board under the Massachusetts Subdivision the Building Inspector,up to the monthly and annual Control Law(the most recent such plan applicable to limits,except that among such applications,structures the lot shall apply), or twenty(20 the lots not located within a Primary or Secondary Conserva- ) percent shown on a plan of land not requiring subdivision sion ap- tion Area shown on the most recently adopted Open proval recorded after May 11, 1987,or twenty(20)per- Space Incentive Plan shall be approved first,then any cent of the approved dwelling units in any other type others may be approved. of residential or mixed use development under a special Third — If after permits have been issued to all ap- permit. Such limit shall not apply to any other pre- plicants in the first and second categories the monthly existing and otherwise buildable lot. In the case of frac- and annual limits have not been reached,building per- tional numbers greater than ''/z,the number of permits mits may be issued to other applicants up to the limits, issued may be rounded upward. in the order of their receipt by the Building Inspector, 6.4.2 Building Permit Limits except that structures not located within a Primary or 6.4.2.1 Secondary Conservation Area shown on the most re- Notwithstanding the provisions of Subsection 6.4.1, cently adopted Open Space Incentive Plan shall be ap- within any year the number of new dwelling units for Iproved first, then any others may be approved. which building permits may be issued shall not exceed 6.4.4.5 2'V2 percent of the total of the number of existing dwell- An application shall be considered received by the ing units in the Town on,plus any uncompleted dwell- Building Inspector only if it is complete in all aspects, ing units.for which building permits have been issued conforms with all applicable building codes and this and have not expired by,December 31 of the previous Zoning By-Law, and has received all necessary approv- year, except that permits for 300 dwelling units may als from the Board of Health, and, where necessary, be issued in 1987(January 1 to December 31),permits the Board of Appeals and/or Conservation Commis- for 250 dwelling units may be issued in 1988 and per- sion.Upon receipt of any application,it shall be mark- mits for 200 dwelling units may be issued in 1989. ed with the date and time of receipt. 6.4.2.2 6.4.4.6 Within any calendar month,building permits for new If in any month building permits for fewer dwelling dwelling units may be issued for not more than ten(10) units are issued than are allowed by the limits of Sub- percent of the number of new dwelling units allowed section 6.4.2.2,the difference between the limit and the during that year under Subsection 6.4.2.1.Within said actual number of dwelling units for which permits were limit, the actual number of permits issued shall be at issued may be added to the limit for the following the discretion of the Building Inspector provided the month, except at the end of the calendar year. annual limit specified by Subsection 6.4.2.1 is not 6.4.4.7 exceeded. Where a building permit is to expire,no more than one 6.4.3 Exemptions (1)six-month extension may be granted by the Building 6.4.3.1 Inspector before an applicant shall be required to file The provisions of Section 6.4 shall not apply to 1)Open for a new permit following the rules and procedures Space Incentive Developments approved under Section of Section 6.4 and other applicable laws and regula- 9.3, 2)developments approved prior to May 11, 1987 tions. under an unexpired special permit which included a specific annual phasing schedule, 3) public housing Motion to accept as amended developed by the Mashpee Housing Authority or 4) Planning Board held hearing low or moderate income housing units as defined by Vote 3 for 1 against — 1 abstain the Massachusetts Executive Office of Communities Motion carries — Yes 124/No 41 — 10:37 P.M. and Development(or a successor agency)for this area, provided that sufficient written documentation is sub- mitted as part of the building permit application show- - 76 -