[Massplanners] FW: Request for Posting

[Dan Fortier]

Bill

I am not familiar with any possible legislative authority for such a requirement. There is specific authorization for withholding permits if taxes are unpaid, but, beyond that, I am not familiar with having such authority for local officials.  Plus, there are many reasons, beyond a permit got tied up in court, that one project may proceed more slowly than another. Is it really within the communities purview to say, you can't start project B, that has a committed tenant, because project A, which was more speculative, is not completed? Is that even in the community's best interest? Hold down one economic investment because another is moving more slowly? There isn't even a mechanism under zoning or subdivision to say a convicted felon, convicted for fraud, should not be provided the opportunity to be granted a permit. Each project is based upon that project alone, and not past track record of personal morals of the applicant.

Dan Fortier
Dennis Town Planner

From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Kenney, William via MassPlanners
Sent: Thursday, October 7, 2021 5:08 PM
To: 'massplanners at masscptc.org' <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>
Subject: [Massplanners] Request for Posting

Can you please post this inquiry? -

I've been asked to search for an ordinance, regulation or policy statement providing that, as a condition to approval of a Definitive Subdivision Plan, or to the issuance of building or occupancy permits for a particular project, it must be verified that the proponent is not in default under any conditions of any other approved Definitive Plan in the community? More simply stated: is there a basis for telling a developer it may not proceed with work on a particular project if work on a previously initiated project has not been completed?

Bill Kenney, AICP
City Planner
City of Fall River
508-324-2561


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