The purpose of these Rules and Regulations is to establish uniform regulations and procedures for conducting the business of the Planning Board acting as the Special Permit Granting Authority for Open Space Residential Development (OSRD) as established under Section 97-5.C.(3) of Chapter
97, Zoning, of the Code of the Town of Newbury.
These Rules and Regulations are adopted by the Planning Board
as authorized by M.G.L. Chapter 40A, Section 9, and by the Zoning
By-Law, Town of Newbury.
Strict compliance with any provision of these Rules and Regulations
may be waived only if the Planning Board finds that the application
contains all necessary information required by these Rules and Regulations,
meets all applicable requirements of the By-Law and in the Board's
opinion the granting of such waiver is in the public interest. Any
request from an applicant for a waiver from these Rules and Regulations
must be submitted in writing to the Planning Board and must clearly
identify the provision or provisions for which a waiver is being sought,
and if applicable, must describe the alternative location of information
or method of compliance. In addition, such request shall be accompanied
by a statement setting forth the reason or reasons why, in the applicant's
opinion, the granting of such a waiver or waivers would be in the
public interest and consistent with the intent and purpose of the
By-Law.
Whether or not conducted during the pre-application stage, the
Planning Board shall conduct a site visit during the time period of
the public hearing. At the site visit, the Planning Board and/or its
agents shall be accompanied by the applicant and/or its agents.
The submittals and permits of this section shall be in addition
to any other requirements of the Subdivision Control Law or any other provisions of the Newbury Zoning By-Law.
If any provision of these Rules and Regulations be held invalid
by a court of competent jurisdiction, the remainder of these provisions
shall not be affected thereby.