Strict compliance with the requirements of these
rules and regulations may be waived when, in the judgment of the Planning
Board, such action is in the public interest and not inconsistent
with the Subdivision Control Law.
For matters not covered by these rules and regulations,
reference is made to MGL c. 41, §§ 81-K to 81-GG, inclusive,
as amended.
No building permit shall be issued by the Building
Inspector for any lot in a subdivision until he has received written
confirmation from the Board that such lot has been released from any
security covenant.
No change shall be made in the approved Definitive
Plan nor in the installation of the required improvements until a
revised plan showing the change (prepared from a field survey and
signed by a registered engineer and/or registered land surveyor) is
filed with the Board for its consideration and approval. No change
in the location of a street right-of-way line shall be permitted or
approved by the Board until a public hearing is held as required by
law.
[Amended effective 10-8-1993]
A. When reviewing an application for or when conducting
inspections in relation to a Special Permit or approval of a subdivision
or any modification of a Special Permit or approval of subdivision,
the Board may determine that the assistance of outside consultants
is warranted due to the size, scale or complexity of a proposed project,
because of a projects potential impacts or because the Town lacks
the necessary expertise to perform the work related to the Special
Permit or approval. The Board may require that applicants pay a project
review fee consisting of the reasonable costs incurred by the Board
for the employment of outside consultants engaged by the Board to
assist in the review of a proposed project.
B. In hiring outside consultants, the Board may engage
engineers, planners, lawyers, hydrologists, landscape architects or
other appropriate professionals who can assist the, Board if analyzing
a project to ensure compliance with all the relevant laws, ordinances,
bylaws and regulations. Such assistance may include, but not be limited
to, analyzing an application, monitoring or inspecting a project or
site for compliance with the Board's decision or regulations or inspecting
a project during construction or implementation.
C. Funds received by the Board pursuant to this section
shall be deposited with the Town Treasurer, who shall establish a
special account for this purpose. Expenditures from this special account
may be made at the direction of the Board without further appropriation.
Expenditures from this special account shall be made only for services
rendered in connection with a specific project or projects for which
a project review fee has been or will be collected from the applicant.
Accrued interest may also be spent for this purpose. Failure of an
applicant to pay a review fee shall be grounds for denial of the Special
Permit or disapproval of the subdivision.
D. At the completion of the Board's review of a project,
any excess amount in the account, including any remaining interest,
attributable to a specific project shall be repaid to the applicant
or the applicant's successor in interest. A final report of said account
shall be made available to the applicant or the applicant's successor
in interest. For the purpose of this section, any person or entity
claiming to be an applicant's successor in interest shall provide
the Board with documentation establishing such succession in interest.
E. Any applicant may take an administrative appeal from
the selection of the outside consultant to the Board of Selectmen.
Such appeal must be made in writing and may be taken only within 20
days after the Planning Board has mailed or hand delivered notice
to the applicant of the selection. The grounds for such an appeal
shall be limited to claims that the consultant selected has a conflict
of interest or does not possess the minimum, required qualifications.
The minimum qualifications shall consist either of an educational
degree in or related to the field at issue or 3 or more years of practice
in the field at issue or a related field. The required time limit
for action upon an application by the Board shall be extended by the
duration of the administrative appeal. In the event that no decision
is made by the Board of Selectmen within 1 month following the filing
of the appeal, the selection made by the Board shall stand.
[Amended effective 10-8-1993]
If any part of these regulations shall be adjudged
invalid such invalidity shall not affect the remainder.
[Amended effective 10-8-1993]
These regulations or any portion thereof may
be amended, supplemented or repealed from time to time by the Board,
after a public hearing, on its own motion or by petition.
[Amended effective 10-8-1993]
These rules and regulations shall be considered
as revised to conform with any amendment of Chapter 41 of the General
Laws made after their adoption.