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. Any such waivers granted must be requested by the applicant in writing and approved by vote and in writing by the Planning Board. Refer to Schedule A, Guidelines for Granting Waivers.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
For matters not covered by these rules and regulations, reference
is made to MGL c. 41, §§ 81K to 81GG, inclusive.
A.
No building shall be erected within a subdivision without written
permission from the Planning Board by Form I.[1]
[1]
Editor's Note: Form I is set forth in Schedule O, included as an attachment to this chapter.
B.
The Building Commissioner shall not issue any permit for the erection of a building until he is first satisfied 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 MGL c. 41, § 81X, as amended, 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, and in the event that more than one building for dwelling purposes is erected or placed or converted to use as such on any lot, that the Building Commissioner is satisfied that consent has been obtained form the Planning Board in accord with § 325-2.4 of these rules and regulations, MGL c. 41, § 81Y, and amendments thereto.
C.
In the case of a bond, surety or tri-partite agreement, no structure shall be occupied until at least the base course of bituminous concrete as specified in Article V has been applied to the streets which serve the structure. In the case of a covenant in lieu of a bond or surety, no occupancy permit shall be issued until all improvements are completed.
A.
Inspections shall be arranged by the developer through the Planning
Board office for that purpose prior to the construction of streets
and the installation of utilities and during construction as specified
herein at each significant construction state. See Form K.[1]
[1]
Editor's Note: Form K is set forth in Schedule O, included as an attachment to this chapter.
B.
Inspection shall be requested in writing at least 48 hours in advance
of each regular inspection to the Planning Board. Inspection notification
may be waived by the Planning Board office in emergencies.
C.
Inspection shall be by the Planning Board agent upon direction of
the Planning Office except where otherwise noted, for the following:
(1)
Clearing and grubbing;
(2)
Excavating operations;
(3)
Laying of water and sewer mains, hydrants and related equipment
by the Water Department;
(4)
Laying of gas mains and related equipment;
(5)
Installation of surface and subsurface drainage system and related
equipment;
(6)
Filling and compacting;
(7)
Installation of electric lines, and related equipment, including
cable TV lines;
(8)
Installation of telephone lines and related equipment;
(9)
Paving operations;
(10)
Placing of curbs and gutters;
(11)
Construction of sidewalks;
(12)
Finish grading of grass plots;
(13)
Installation of monuments;
(14)
Grading of lots;
(15)
Installation of fire alarm system;
(16)
Planting of street trees;
(17)
Final clean-up; and
(18)
Any other inspections deemed necessary by the Planning Board.
D.
The placing of utilities and other underground construction will
require the presence of the Planning Board agent during the operations
and before the work is covered up.
E.
The Planning Board may establish the order of the required inspections
and may require satisfactory completion of one step before the subdivider
proceeds to the next. It may require tests to be done by the subdivider
as a condition for approval when in the opinion of the Planning Board
it is advisable.
F.
The proper Town official or agent shall indicate for Form K, Inspection
Form,[2] provided by the Planning Board, the date of inspection
and the approval and shall file such form with the Planning Board,
whereupon the cost of the inspection shall be paid to the inspector
from the inspection escrow account.
[2]
Editor's Note: Form K is set forth in Schedule O, included as an attachment to this chapter.
G.
Failure to comply with the inspection procedure may necessitate removal
of improvement at the expense of the applicants or rescission of the
approval of the plan in accordance with MGL c. 41, § 81W.
The Planning Board will hold regular and/or special meetings
on such dates as will be designated and on file with the Town Clerk.
Work project meetings may be held as requested by the Planning Board
Chair/Coordinator, Planning Board agent/engineer, and other Board
agents with the applicant's engineer, clerk of the works, or others
during the construction period.
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 provision 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.
These regulations become effective after approval by the Board,
certification by the Town Clerk and filing with the Registry of Deeds
and the Recorder of the Land Court.
