A.
The Board may, in any particular case, where such
action is in the public interest and not inconsistent with the intent
and purpose of the Subdivision Control Law:
(1)
Require information and impose requirements and conditions
in addition to, and vary the procedures set forth in, these rules
and regulations.
(2)
Waive strict compliance with these rules and regulations,
provided that such waiver is requested in writing, granted in writing
and referenced on the definitive plan or street plans and profiles.
B.
In particular, variation may be allowed for subdivisions
of four or fewer lots which are not contiguous with property subdivided
within the past five years and now or previously in the same ownership,
provided that the developer covenants that no additional lots will
be created on that or contiguous lands in the same ownership for five
years from the date of approval and the plan is annotated to indicate
that the street does not meet usual standards for town acceptance
and that betterments may be involved in the event of such acceptance.
As designated by § 195-102 of the Chelmsford Zoning Bylaw, the Zoning Board of Appeals shall also be the Subdivision Regulations Board of Appeals, exercising the power granted by MGL c. 41, § 81Z.
Appeals may be taken to the Superior Court,
in accordance with MGL c. 41, § 81BB.
In case, for any reason, any part or parts of
these rules and regulations should be held to be invalid, such invalidity
shall not affect the remainder.
These rules and regulations or any revisions
to them shall become effective following their adoption by the Planning
Board and upon transmittal of certified copies of them to the Register
of Deeds and to the Recorder of the Land Court.
