The rules and regulations contained herein shall
apply only to applications for comprehensive permits for construction
of low and moderate income housing, filed pursuant to MGL c. 40B,
§ 21, by a public agency, a nonprofit organization, a limited
dividend corporation, or any other approved organization, when (a)
the site is controlled by the applicant and (b) said construction
is fundable by a governmental agency under a low- and moderate-income
housing subsidy program.
The construction of housing developments under
the comprehensive permits shall be subject to inspection at all reasonable
times to ensure compliance with the permit, the plans, the applicable
standard specifications of the Town of Westminster and with any other
applicable laws, rules and regulations. Such inspection may be carried
out by the Board and by its agents and representatives, including,
without limitation, the Building Inspector and members of his department,
the Planning Board and its staff, and the Board of Health and its
staff.
A. Not less than 48 hours (excepting Saturday and Sunday)
prior to commencement of each phase of site development, the applicant
shall give notice thereof to the Planning Board and not less than
48 hours (excepting Saturday and Sunday) prior to the commencement
of each phase of building construction, the applicant shall give notice
thereof to the Building Inspector. If material or work shall be covered
without the approval of the Planning Board or its agents as regards
the site development and of the Building Inspector or his agents as
regards the building construction, the applicant may be required to
uncover, open, disconnect and replace any work or materials covered
in violation hereof.
B. The Zoning Board of Appeals may, following a public
hearing thereon, revoke the permit of any housing development violating
Town requirements, obstructing inspections by duly authorized Town
personnel, or where the workmanship or the materials are repeatedly
found to be not in conformance with the approved plans and specifications.
C. The Board of Appeals may require the applicant to
provide a performance guaranty consistent with the procedures established
by the Planning Board in their subdivision regulations. The process
of the performance guaranty shall be supervised by the Board of Appeals,
and the Board of Appeals may consult with the Inspector of Buildings,
the Director of the Public Works, the Planning Board, or other person
or entity to determine the sufficiency of the work prior to release
of the performance guaranty.
[Amended 11-16-2021 STM by Art. 4]
A. To assist the Board of Appeals, the Board may impose
reasonable fees for the engagement of outside consultants. The minimum
requirements of the consultant selected shall consist either of an
educational degree in or related to the field at issue or three or
more years of practice in the field at issue or a related issue. If
the applicant believes the consultant selected has a conflict of interest
or does not possess the minimum required qualifications, the applicant
may bring an administrative appeal to the Select Board. The required
time limits for action by the Board of Appeals upon the application
shall be extended by the duration of the administrative appeal. In
the event that no decision is made by the Select Board within one
month following the appeal, the selection made by the Board of Appeals
shall stand. Such administrative appeal shall not preclude further
judicial review, if otherwise permitted by law, on the grounds provided
for in this section.
B. Such fees shall be deposited in a special account
established by the Town Treasurer, and shall be kept separate and
apart from other monies. The special account, including accrued interest,
if any, shall be expended at the direction of the Board of Appeals
without further appropriation; provided, however, that such funds
are to be expended by the Board of Appeals only in connection with
carrying out its responsibilities under the law. Any excess amount
in the account attributable to a specific project, including any accrued
interest, at the completion of said project shall be repaid to the
applicant or to the applicant's successor in interest, and an accountant
shall submit annually a report of said special account to the Select
Board for its review, with a copy delivered to the Board of Appeals.
Such report shall be published by the Treasurer in the Town Annual
Report. The accountant shall also submit annually a copy of said report
to the bureau of accounts.
The invalidity of any provision of these regulations
shall not invalidate any other section or provision herein.