[Massplanners] Exercising the rights to a permit

[Dan Fortier]

The Planning Board approved a special permit over a year ago. The permit was challenged in court and a settlement reached between the parties, also over a year ago. After reaching a settlement, the property owner tore down the structure to make way for the housing project he intended to put on the site. He ran into difficulties with other properties he owned and delayed getting building permits for the new housing project. Unfortunately, he also never recorded the Special Permit with the Registry of Deeds, so my questions are:

Where he tore down the building with the intent of implementing his Special Permit, has he acted on the permission granted?

OR, since the Special Permit has not been recorded does he lose the benefit of considering the tear down as acting with the intent to implement the Special Permit?

Thoughts?




Daniel J. Fortier, Sr. AICP
Dennis Town Planner
Town of Dennis
685 Route 134
South Dennis MA 02660
508-760-6122





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