974 CMR 2.05 - Amending or Reconsidering a Definitive Plan

(1) No amendment of a Definitive Plan shall affect the Lots in a subdivision that have been sold or mortgaged in good faith and for a valuable consideration subsequent to the endorsement of the plan, or any rights appurtenant to the Lots, without the consent of the owner of such Lots, and of the holder of the mortgage or mortgages, if any, for such land. However, the DEC may approve a request to amend an endorsed subdivision without the consent of the Lot owners and mortgagors, if the DEC makes a finding that the proposed amendments do not affect any Lots or rights appurtenant to the Lots or when there has been a sale to a single grantee of either the entire parcel of land shown on the subdivision plan or of all the Lots not previously released by the DEC.

(2) Recordation of an Amendment. No amendment shall take effect until the amended plan and the Certificate of the DEC's vote have been recorded in the Registry of Deeds or for registered land, verified by the Land Court.

Notes

974 CMR 2.05