[Massplanners] Subdivision Reconsideration after "release of lots"

[Town Administration]

Good morning, Planners!

Have you ever encountered a case where a planning board has to 'reopen' discussions on a subdivision, after approval, and after release of lots?

>From MGL 41 Ch. 81W, I know that a Planning Board "...on its own motion or on the petition of any person interested, shall have power to modify, amend or rescind its approval of a plan of a subdivision, or to require a change in a plan as a condition of its retaining the status of an approved plan."

That second bolded phrase interests me the most.

We have an approved subdivision, where lots have been released (but not sold).  The developer is apparently not keeping up their end of the bargain, and the Planning Board MAY consider drastic action to 'encourage' them to comply with the conditions of approval.

Two questions:

- Can modification of a plan include rescission of release of all or some lots?
- Can modification of a plan include requirements that impact lots that have already been sold?

Appreciate your thoughts on this...

Respectfully,

-          Doug.
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Douglas Finn, Administrative Assistant
Town of Westhampton
1 South Road
Westhampton, MA 01027
Administration at westhamptonma.org<mailto:westhamptontownhall at comcast.net>
(413) 203-3086

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