Strict compliance with the requirements of these rules and regulations may be waived when, in the judgment of the Beverly Planning Board, such action is in the public interest and not inconsistent with the Subdivision Control Law. (See §
375-27, Sidewalks, Subsection
E, for "in-lieu-of" payments for waivers of the sidewalk requirement.)
For matters not covered by these rules and regulations, reference
is made to the Subdivision Control Law, MGL c. 41, §§ 81K
to 81GG, inclusive.
Approval of any definitive subdivision plan is subject to the
condition that, unless an appeal has been taken from such approval
as provided by MGL c. 41, § 81BB, the subdivider will record
the definitive plan in the Essex South District Registry of Deeds
or the Land Court within six months of the date of its approval, or
within 12 months of approval if accompanied by a certificate of no
amendment/rescission from the Planning Board (see MGL c. 41, § 81X).
Approval is also conditioned upon the subdivider certifying to the
Planning Board, in writing, within 30 days of recordation that the
plan has indeed been recorded with the Registry of Deeds or the Land
Court, giving the date it was recorded and the plan book and page
number or certificate number. Failure to file said plan shall render
any approval null and void.
If, in any respect, any provision of these rules and regulations,
in whole or in part, shall prove to be invalid for any reason, such
invalidity shall only affect the part of such provision which shall
be invalid and in all other respects these rules and regulations shall
stand as if such invalid provisions had not been made, and they shall
fail to the extent, and only to the extent, of such invalid provision,
and no other provision of these rules and regulations shall be invalidated,
impaired, or affected thereby.
No changes, alterations, or modifications shall be made to any
aspect of an approved definitive plan without resubmission to and
approval from the Planning Board in accordance with MGL c. 41, §§ 81O
and 81W. The applicant shall be held responsible for all omissions,
infractions, and deviations from the approved plans.