Laserfiche WebLink
Page 2 of 7 <br /> Page t <br /> M.G.L.A.41 § 81W <br /> C <br /> Massachusetts General Laws Annotated Currentness <br /> Part I.Administration of the Government <br /> Title VII. Cities;Towns and Districts <br /> `9 Chapter 41.Officers and Employees of Cities,Towns and Districts(Refs&Annos) <br /> 'w Subdivision Control(Refs&Annos) <br /> +++CURRENT VERSION+++ <br /> VIEW ALL VERSIONS <br /> �§ <br /> 81W.Modification,amendment or rescission of approval of plan; conditions <br /> A planning board, on its own motion or on the petition of any person interested, shall have power to modify, <br /> amend or rescind its approval of a plan of a subdivision, or to require a change in a plan as a condition of its <br /> retaining the status of an approved plan. All of the provisions of the subdivision control law relating to the <br /> submission and approval of a plan of a subdivision shall, so far as apt, be applicable to the approval of the <br /> modification,amendment or rescission of such approval and to a plan which has been changed under this section. <br /> No modification, amendment or rescission of the approval of a plan of a subdivision or changes in such plan shall <br /> affect the lots in such subdivision which have been sold or mortgaged in good faith and for a valuable <br /> consideration subsequent to the approval of the plan, or any rights appurtenant thereto, without the consent of the <br /> owner of such lots, and of the holder of the mortgage or mortgages, if any, thereon; provided, however, that <br /> nothing herein shall be deemed to prohibit such modification, amendment or rescission when there has been a sale <br /> to a single grantee of either the entire parcel of land shown on the subdivision plan or of all the lots not previously <br /> released by the planning board. <br /> So far as unregistered land is affected, no modification, amendment or rescission of the approval of a plan nor <br /> change in a plan under this section shall take effect until (1) the plan as originally approved, or a copy thereof, and <br /> a certified copy of the vote of the planning board making such modification, amendment, rescission or change, and <br /> any additional plan referred to in such vote, have been recorded, (2) an endorsement has been made on the plan <br /> originally approved as recorded referring to such vote and where it is recorded, and (3) such vote is indexed in the <br /> grantor index under the names of the owners of record of the land affected. So far as registered land is affected, no <br /> modification, amendment or rescission of the approval of a plan nor change in a plan under this section shall take <br /> effect, until such modification, amendment or change has been verified by the land court pursuant to chapter one <br /> hundred and eighty-five, and in case of rescission, or modification, amendment or change not so verified, until <br /> ordered by the court pursuant to section one hundred and fourteen of said chapter one hundred and eighty-five. <br /> CREDIT(S) <br /> Added by St.1953,c. 674,§ 7. Amended by St.1973,c. 605;St.1977,c. 473. <br /> HISTORICAL AND STATUTORY NOTES <br /> 2003 Main Volume <br /> Copr.®2004 West No Claim to Orig.U.S. Govt.Works. <br /> hq://print.westlaw.com/delivery.html?dest=atp&dataid=AO05580000004613000167939... 10/21/2004 <br />