[Added 3-10-1997 STM
by Art. S2]
The purpose of this article, Subdivision Phasing, is to assure
that growth shall be phased so as not to unduly strain the Town's
ability to provide public facilities and services, so that it will
not disturb the social fabric of the community, so that it will be
in keeping with the community's desired rate of growth, and so that
the Town can study the impact of growth and plan accordingly.
The issuance of building permits for any tract of land divided
pursuant to any provision of MGL c. 41, §§ 81K through
81GG, the Subdivision Control Law, into more than seven lots after
the effective date of this bylaw shall be subject to the regulations
and conditions set forth herein. This provision shall apply to any
proposed division or combination of properties which were in the same
ownership and contiguous as of March 10, 1997.
Not more than seven building permits shall be issued in any
twelve-month period for construction of residential dwellings on any
tract of land divided into more than seven lots pursuant to any provision
of MGL c. 41, §§ 81K through 81GG, the Subdivision
Control Law.
Issuance of more than seven building permits for the same tract
of land in a twelve-month period may be allowed in the following circumstances:
A.Â
The owner of said land may apply for a special permit from the Planning
Board for the issuance of more than seven building permits in any
twelve-month period. The Planning Board may grant a special permit
only if the Board determines that the probable benefits to the community
outweigh the probable adverse effects resulting from granting such
permit, considering the impact on schools, other public facilities,
traffic and pedestrian travel, recreational facilities, open spaces
and agricultural resources, traffic hazards, preservation of unique
natural features, planned rate of development, and housing for senior
citizens and people of low or moderate income, as well as conformance
with Master Plan or Growth Management Plans prepared by the Planning
Board pursuant to MGL c. 41, § 81D. The Planning Board shall
give particular consideration to proposals that demonstrate a reduction
in allowable density of 50% or more.
B.Â
Where the tract of land will be divided into more than 40 lots, the
Planning Board may, by special permit, authorize development at a
rate not to exceed 10% of the units per year.
The protection against subsequent zoning change granted by MGL
c. 40A, § 6 to land in a subdivision shall, in the case
of a development whose completion has been constrained by this article,
be extended to 10 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.
