At least one week prior to commencement of street construction,
the Department of Public Works shall be notified by certified mail
of the intended commencement. The Department of Public Works shall,
upon receipt of such notification, appoint an agent and instruct said
agent to make continuing inspections of the work to insure that the
requirements listed below are adhered to. The wages of said agent
shall be determined by the Board of Public Works in accordance with
the accepted Town Pay Schedule and paid to the Town by the developer.
The inspecting agent shall furnish the subdivider with a checklist
(Form I) of steps to be completed. The subdivider shall not proceed
with any steps until all prior steps have been signed by the inspector
as satisfactorily completed. The completed checklist is to be returned
to the Planning Board. Failure to submit a completed checklist may
be deemed sufficient cause for the Board to withhold final approval
of the roadway construction.
[Amended 4-27-1987; 6-13-2011]
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. Because this standard, by which the Board is to determine
whether in any case it will decline to apply the regulations, makes
granting of a request for such action uncertain, the applicant is
encouraged to submit requests for waiver from strict compliance of
any regulation(s) with the preliminary plan or at least 90 days prior
to submitting the definitive plan, to avoid disapproval of a definitive
plan that does not comply with applicable regulations. The applicant
shall state, in his written request, why he believes that the regulation(s)
should not apply to the particular land under application, and why
he believes that granting such waiver(s) would be in the public interest
and not inconsistent with the intent and purpose of the Subdivision
Control Law.
Not more than one building designed or available for dwelling
purposes shall be erected or placed or converted to use as such on
any lot in a subdivision or elsewhere within the Town without the
consent of the Planning Board. Consent shall be granted only for structures
in compliance with zoning restrictions, and only upon the Board finding
that adequate ways servicing such site for each building have been
provided in the same manner as otherwise required for lots within
a subdivision.
For matters not covered by these rules and regulations, reference
is made to MGL c. 41, §§ 81K to 81GG, inclusive.