Cooling Off Period

On February 14, 2022, the Millbury Planning Board denied the a multifamily special permit and site plan review application for the proposed Rice Pond Village project, under 760 CMR 56.03(7), there is a “cooling off period” between the denial of a special permit and the application process of any Chapter 40B – Comprehensive Permit to begin.

760 CMR 56.03(7)

(7) Related Applications. For the purposes of 760 CMR 56.03(7), a related application shall mean that less than 12 months has elapsed between the date of an application for a Comprehensive Permit and any of the following: 

(a) the date of filing of a prior application for a variance, special permit, subdivision, or other approval related to construction on the same land, if that application was for a prior project that was principally non-residential in use, or if the prior project was principally residential in use, if it did not include at least 10% SHI Eligible Housing units;

(b) any date during which such an application was pending before a local permit granting authority;

(c) the date of final disposition of such an application (including all appeals); or

(d) the date of withdrawal of such an application.

An application shall not be considered a prior application if it concerns insubstantial construction or modification of the preexisting use of the land.

Reference

760 CMR 56.00: Comprehensive Permit; Low or Moderate Income Housing