The purpose of Section 3400, Development Scheduling, is to assure
that growth, consistent with Massachusetts Growth Policy, "shall be
phased so that it will not unduly strain the community's ability to
provide public facilities and services, so that it will not disrupt
the social fabric of the community, and so that it will be in keeping
with the community's desired rate of growth." (From Page 61, City
and Town Centers, the Massachusetts Office of State Planning, September,
1977)
Except in a Senior Living District, the Inspector of Buildings
shall issue building permits for construction of new dwelling units
in subdivisions submitted for approval after December 5, 1978, or
for multifamily dwellings (regardless of location) only as follows.
One hundred new building permits are allowed in any given two-year
period. If approvals exceed 50 units in one year, the Building Inspector
will allow a maximum of 24 lots released from any subdivision in a
given calendar year. Exceptions: low-income housing and rebuilding
of destroyed homes.
The protection against subsequent zoning changes granted to
land in a subdivision by MGL c. 40A, § 6, shall, in the
case of a development whose completion has been constrained by Section
3400, be extended from five years to eight years. Any landowner denied
a building permit because of these provisions may appeal to the Board
of Assessors, in conformity with MGL c. 59, § 59, for a
determination as to the extent to which the temporary restriction
on development use of such land shall affect the assessed valuation
placed on such land for purposes of real estate taxation, and for
abatement as determined to be appropriate.
