Regulatory Authority: Devens Enterprise Commission
Agency Contact: Peter C. Lowitt
Phone: 978.772.8831 ext 3313
Address: 33 Andrews Parkway, Devens, MA 01434
Massachusetts Register Number 1211
Effective Date: June 2012


1.10: Vesting

  1. 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.

  2. 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:
      1. The commencement of construction must be pursuant to a validly issued building permit.
      2. There must be actual physical commencement of some significant and visible construction; and
      3. 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.

  3. There shall be no vesting with regard to 974 CMR 8.00.

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