These subdivision rules and regulations are hereby enacted,
in accordance with the provisions of MGL c. 41, § 81M, for
the purpose of protecting the safety, convenience, and welfare of
the inhabitants of the Town of Marion, by regulating the laying out
and construction of ways in subdivisions providing access to the several
lots therein, but which have not become public ways, and ensuring
sanitary conditions in subdivisions and in proper cases parks and
open areas. The powers of the Planning Board and the Board of Appeals
under these regulations and the Subdivision Control Law shall be exercised
with due regard 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 lessening congestion in such ways and in the adjacent
public ways; for securing safety in the case of fire, flood, panic,
and other emergencies; for insuring compliance with the Zoning Bylaw,[1] for securing adequate provision for water, sewerage, drainage,
underground utility services, fire, police, and other municipal equipment,
and streetlighting and other requirements where necessary in a subdivision;
and for coordinating the ways in a subdivision with each other and
with the public ways in the Town, and with the ways in neighboring
subdivisions.
These rules and regulations have been adopted under the authority
vested in the Planning Board of the Town of Marion by MGL c. 41, § 81Q,
as amended. The Planning Board shall be the agency responsible for
the administration of the rules and regulations and shall have all
of the powers assigned to it by MGL c. 41, §§ 81K to
81GG, inclusive.
Any person, whether or not a party to the proceedings, aggrieved
by any decision of the Planning Board concerning a plan of a subdivision
or by the failure of the Board to take final action concerning such
a plan within the required time, or any municipal officer or board,
may appeal in accordance with MGL, c. 41, § 81BB, provided
that such decision has been recorded in the office of the Town Clerk
or within 20 days after the expiration of the required time as aforesaid,
as the case may be, and notice of such appeal is given to the Town
Clerk so as to be received within 20 days. The court shall hear all
pertinent evidence and determine the facts and upon the facts so determined,
shall annul such decision if found to exceed the authority of such
board, or make such other decree as justice and equity may require.
The foregoing remedy shall be exclusive, but the parties shall have
all rights of appeal and exceptions as in other equity cases.
