Strict compliance with the requirements of these
regulations may be waived when, in the judgment of the Board, such
action is in the public interest and not inconsistent with the Subdivision
Control Law.
The provisions of these rules and regulations
are severable from each other, and the invalidity of any provision
or section shall not invalidate any other provision or section thereof.
Except as otherwise provided by Chapter 240, Zoning, of the Code of the Town of Falmouth, not more than one building designed or available for use for dwelling purposes shall be erected or placed or converted to such use on any lot within a subdivision or elsewhere in the Town of Falmouth, without consent of the Board. Such consent may be conditioned upon provision of adequate ways furnishing access to each site for such building in the same manner as otherwise required for lots within a subdivision.
No building permit shall be issued for the erection
of any building until the Building Inspector first determines that
the lot on which the building is to be erected is not within a subdivision,
or that a way furnishing the access to such lot as required by the
Subdivision Control Law is shown on a plan recorded or entitled to
be recorded under Section 81X of the Subdivision Control Law, and
that any conditions endorsed thereon limiting the right to erect or
maintain buildings on such lot have been satisfied or waived by the
Board.
Appeals may be taken from the determination
of the Board to the Superior Court, in accordance with Section 81BB
of the Subdivision Control Law.
[Added 1-6-2015]
A.
Site visits, if requested by the Board, will be conducted as part
of the information-gathering process of a hearing/meeting. The visits
will be scheduled at the appropriate time after the project hearing/meeting
is opened and after the applicant has explained the proposal. The
applicant will have to give permission to enter the site as a public
meeting.
B.
All Board members are expected to attend. A site visit is a public
meeting and shall be posted. A quorum is required to open the meeting.
C.
The open meeting shall convene at Town Hall or other public building.
The plans and files will be reviewed before proceeding to the site.
The meeting will be adjourned after the site visit.
D.
Minute-taking duties shall be shared among the Board members or its
designee. Minutes shall be submitted to the Planning staff for distribution
and then voted at a regular meeting.
