- Purpose: To promote more predictable and equitable vesting of rights for development and to establish specific guidelines for determining the vested rights of properties affected by new or changed regulations.
- Rights Vested in Applicable Regulations:
(a) A building, structure, sign, parking space, landscaping amenities, loading dock, or other site improvement which complies with the provisions of these Regulations at the time at which a building permit is issued but would not comply with any proposed amendments to these Regulations may be completed, continued or maintained provided the following three conditions have been met:
- The commencement of construction must be pursuant to a validly issued building permit.
- There must be actual physical commencement of some significant and visible construction; and
- The commencement must be undertaken in good faith, to wit, with the intention to continue with the construction and carry it through to completion.
(b) A building, structure, sign, parking space, landscaping, loading dock, or other site improvement constructed in compliance with duly issued building permits may be continued despite changes in Regulations, however, the construction of a new building, construction or expansion of a parking lot, structure, or loading dock, construction of an ancillary building greater than 800 square feet of gross floor area, or the construction of a project that will result in changes to the existing land surface area of 10% or more of the lot size shall be in accordance with the updated or amended Regulations, if any.
There shall be no vesting with regard to 974 CMR 8.00.