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.
For matters not covered by these rules and regulations,
reference is made to MGL c. 41, §§ 81K to 81GG, inclusive,
as amended.
As provided for by MGL c. 41, §§ 81Z
and 81AA, the Zoning Board of Appeals of the Town of Southborough
shall act as Subdivision Board of Appeals and may authorize the issuance
of building permits for lots where the denial of such permit under
the provisions of the Subdivision Control Law would entail unnecessary
hardship or difficulty and where the building need not be related
to an approved or constructed way.
No building shall be erected in a subdivision
unless the lot on which it is to be located has been first released
by a written vote of the Planning Board evidenced by Form K, Certificate
of Performance — Covenant, or by a surety agreement secured by bond, savings passbook or other negotiable securities, or by withholding construction mortgage money and enumerating the lots released in consideration of such agreement. The Building Inspector shall issue no building permit for the erection or location of a building on a lot until he is first satisfied that the lot is not in a subdivision or that such lot has been released for building as specified above, and that any restrictions or conditions limiting the right to erect and maintain buildings on said lot have been satisfied or waived by the Planning Board. In the event that more than one principal building is to be erected or placed on a lot, whether or not within a subdivision, the Building Inspector shall first verify that consent has been obtained from the Planning Board, as provided by Article
II of these rules and regulations and by MGL c. 41, §
81-4.
For the purpose of protecting the safety, convenience
and welfare of the Town's inhabitants; for the provision of adequate
access to all of the lots in a subdivision by ways that will be safe
and convenient for travel; for reducing the danger to life and limb
in the operation of motor vehicles: for securing safety in the case
of fire, flood, panic and other emergencies; under the authority of
MGL c. 41, § 87-M, as amended, the applicant and his successors-in-title
to the subdivision or lots therein shall provide for the proper maintenance
and repair of the construction required by the definitive plan and
the improvements under this Section of the rules and regulations during
the construction and after the completion of the construction and
improvements until the Town votes to accept such construction and
improvements. Such maintenance shall also include snow removal beginning
from the time of occupancy of an individual or tenant other than the
developer.
All definitive plans must be consistent with
the need to minimize flood damage, provide that all public utilities
and facilities, such as sewer, gas, electric and water systems, shall
be located, elevated and constructed to minimize or eliminate flood
damage, provide adequate drainage so as to reduce exposure to flood
hazards and comply with other requirements of the National Flood Insurance
Act, as amended from time to time, to the extent in force and applicable.
The provisions of these rules and regulations
shall be severable, and if any provision or the application thereof
is found to be invalid, this shall not affect the validity of any
other application or provision thereof.