Mass. General Laws c.40Y § 7

Revocation of approval by department

Updates

Added by St.2022, c.268, § 89, effective November 10, 2022

(a)

The department may revoke its approval of an approved starter home zoning district if, at any time, the department determines that:

(1) a city or town with an approved starter home zoning district has not complied with the requirements of this chapter;

(2) the zoning applicable to an approved starter home zoning district no longer complies with the requirements of this chapter;

(3) the zoning applicable to an approved starter home zoning district has been amended in such a way that reduces the number of starter homes that can be developed within the starter home zoning district; or

(4) no building permits have been issued for any starter homes within the starter home zoning district within 5 years from the date of the department’s approval of the district.

The department may revoke the approval of an approved starter home zoning district only after conducting a hearing in accordance with chapter 30A unless the municipality waives its right to such a hearing in writing. The department’s revocation of approval shall not affect the validity of the starter home zoning district ordinance or by-law, as applicable, or the application of such ordinance or by-law to land, development or proposed development within the starter home zoning district.

(b)

If the department revokes its approval of an approved starter home zoning district, the affected city or town shall repay to the department the zoning incentive payment, or such portion thereof as the department may specify. All monies repaid to the department under this section shall be credited to the funding source from which the payment originated.

Last updated:	November 10, 2022