Recording a Decision with Registry of Deeds

  1. Pick up original copy of ZBA Decision from the Building Department once the 20 day appeals period has passed.
  2. Take original copy of decision to the Town Clerk’s office for certification in accordance with M.G.L. Chapter 40A Section 11.
  3. Bring decision bearing the Certification of the Town Clerk to: Middlesex County Registry of Deeds; 208 Cambridge Street, Cambridge, MA 02141.
  4. The certified decision will be stamped by the Registry of Deeds and a copy will be provided to you.
  5. Submit copy of certified stamped ZBA Decision as part of a completed Building Permit Application.

M.G.L. Chapter 40A Section 11 states in part:

“A 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."