25C-251 Misc zoning and codeA special permit, or any extension, modification or renewal thereof, shall not take effect until a copy of the decision bearing the certification of the city or town clerk that 20 days
have elapsed after the decision has been filed in the office of the city or town clerk and either that no appeal has been filed or the appeal has been filed within such time, or if
it is a special permit which has been approved by reason of the failure of the permit granting authority or special permit granting authority to act thereon within the time prescribed,
a copy of the application for the special permit-accompanied by the certification of the city or town clerk stating the fact that the permit granting authority or special permit granting
authority failed to act within the time prescribed, and whether or not an appeal has been filed within that time, and that the grant of the application resulting from the failure to
act has become final, is recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record
or is recorded and noted on the owner’s certificate of title. The person exercising rights under a duly appealed special permit does so at risk that a court will reverse the permit
and that any construction performed under the permit may be ordered undone. This section shall in no event terminate or shorten the tolling, during the pendency of any appeals, of the
6 month periods provided under the second paragraph of section 6. The fee for recording or registering shall be paid by the owner or applicant.
§ 350-4.11. Appeal periods.
A. No variance or special permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the City Clerk that 20
days have elapsed after the decision has been filed in the office of the City Clerk and no appeal has been filed or that if such appeal has been filed, that it has been dismissed or
denied, is recorded in the Hampshire County Registry of Deeds.
B. No work, including excavating or earth removal and on-site grading, with regard to a specific project for which a special permit or variance has been applied for, may be undertaken
until said special permit or variance has been granted and all applicable appeal periods have expired.
111.2 Zoning. In accordance with the provisions of
M.G.L. c. 40A or St. 1956, c. 665 as amended, no
permit for the construction, alteration, change of use
or moving of any building or structure shall be
issued if such building or structure or use would be
in violation of any zoning ordinance or by-law.
111.13 Approval in Part. The building official
may issue a permit for the construction of
foundations or any other part of a building or
structure before the construction documents for the
whole building or structure have been submitted,
provided that adequate information and detailed
statements have been filed complying with all of the
pertinent requirements of 780 CMR. Work shall be
limited to that work approved by the partial approval
and further work shall proceed only when the
building permit is amended in accordance with
780 CMR 110.13. The holder of such permit for the
foundation or other parts of a building or structure
shall proceed at the holder's own risk with the
building operation and without assurance that a
permit for the entire building or structure will be
granted.