05/07/1984 Annual Town Meeting - Laserfiche WebLink

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RE% Moratorium Article proposed by Mashpee Taxpayers Chapter 40A, Section '6 of the General Laws expressly provides that a building permit (issued by the Building Inspector) or first publication of notice of the public hearing onuc the a special permit (issued b the Board of Appeals) BEFORE_ p p n. such proposal by the Planning Board shall not be a.ffect,ed as to the use or structure for which the building permit or special permit issued. Section 6 expressly states that any building permit or special permit issued AFTER the first notice of the aforesaid public hearing by the Planning Board will be affected by the Moratorium. Section 6 also addresses the affect of a plan filed with the Planning Board under the Subdivision Control Law. This is entirely separate and distinct from a building permit or a special permit. The law provides that the zoning in effect at the time of submission of a sub- division plan, either definitive or a preliminary plan followed in sevent months by a definitive plan, shall govern and control both the density and usage of the land for a period of eight years from the date of endorsement of approval by the Planning Board on the definitive plan. A plan filed with the Planning Board for which approval is not subject to the Subdivision Control: Law, commonly referred to as an A.N.R. Plan, will freeze the use of the land, but not the density, for a period of three years from the date of endorsement by the Planning Board. If a person files either a preliminary subdivision plan and follows it up within seven months with a definitive plan, or an A.N.R. plan, with the Planning Board, prior to the effective date of a zoning change (the date when the Town Meeting takes action on the zoning change )by adopting the same) , the zoning in effect at the time of submission of the plan will be applicable , subject to the use/density/time limitation noted above. It is helpful if you think in terms of non-conforming use. If a special permit or building permit application is filed before the publication date of the Planning Board notice, you may view the project as being a non-,conforming use. If the application for building permit or special permit is filed after the first publication date, there is no benefit of non-conforming use available to the permit seeker. If a person files either a sub-division plan or an A.N.R. with the Planning Board prior to the vote at the Town Meeting, the zoning in effect on the date of submission will control the property thereafter, not- withstanding any subsequent change in zoning , which may take place as• a result of recommendations made during the moratorium ,period. However , during the moratorium period the Building Inspector cannot issue a valid building permit nor can the Board of Appeals issue a special permit for any land or use affected by the Moratorium.