A.
On October 4, 1990, the Planning Board held a public hearing, pursuant to M.G.L. C. 41, § 81Q, and C. 40A, § 9, to consider a proposed change in fee structures and regulations governing their imposition. At the close of that meeting, the Planning Board voted to adopt a new schedule of fees for the review work, conducted by the Planning Board and its consultants, on the various types of applications which come before it. This document, subject to revision from time to time in a manner spelled out within, constitutes the current fee schedule and those rules governing the imposition of fees. These regulations were amended on October 21, 1993, October 20, 1994, and November 7, 1996, and January 30, 2002.
B.
Introduction. In the past, fees imposed for the consideration of various types of applications have been approximations of the costs of processing those applications. These new regulations and fees are designed to produce, as much as possible, a more equitable schedule of fees which more accurately reflects the costs of review. It is not possible to guarantee complete accuracy in a fee structure, but the Planning Board has analyzed applications going back more than 10 years in an attempt to forge a system that is as fair and equitable as possible. In late 1989, the state enacted legislation (This act was approved on December 8, 1989, and became effective on March 8, 1990. The Act, Chapter 593 of the Acts of 1989, inserts a new § 53G in M.G.L. C. 44. A copy of the legislation is available from the Planning Board office.) authorizing towns to establish special accounts, hereafter referred to as "593 Accounts," to pay for the employment of outside consultants under the Subdivision Control Law or the Groton Zoning Bylaw.[1] Fees charged to applicants specifically to pay outside consultants are to be deposited into these 593 Accounts by the Town Treasurer. The Planning Board may then expend the funds, without Town Meeting appropriation, in connection with the employment of these consultants. With the addition of this new structure, the Planning Board is able to create a more exact method of assessing fees.