§ 801-5. Waivers.

A. 

Waiver criteria.

(1) 

As provided in § 81-R of Chapter 41, Massachusetts General Laws, the Board may waive strict compliance with these requirements when, in its judgment, such action is in the public interest and not inconsistent with the intent or purposes of the Subdivision Control Law. In making this determination the Board shall consult with other agencies as the Board may deem necessary.

(2) 

If the development is not consistent with the Subdivision Rules and Regulations, the written waivers granted thereto and the conditions of approval, the applicant shall be responsible for bringing the subdivision into compliance.

B. 

Waivers from construction standards to maintain rural character.

(1) 

In order to maintain the rural character of an area, the Board may grant waivers for a residential subdivision plan which is designed in keeping with the rural character of the surrounding area, based on the following findings by the Board:

(a) 

The granting of the waiver is in the best interest of the citizens of the Town.

(b) 

That the plan is well designed, and in keeping with the general design principles set forth in Article VI of these regulations.

(c) 

That there is adequate access to the lots for the uses intended thereon.

(d) 

That the plan is in keeping with the character of the surrounding area.

(2) 

In order to apply for waivers under this section, the applicant shall submit a preliminary subdivision plan to the Board.

C. 

Waiver requests. Applicants seeking waivers from the requirements of the Subdivision Control Rules and Regulations of the Subdivision Control Law shall submit at the time of filing of an application for approval of a preliminary or definitive subdivision plan, a separate written request for waivers. The written request shall specify by section and paragraph the requirement(s) of the Subdivision Rules and Regulations from which waivers are requested. A waiver request shall provide a concise statement of the nature and extent of the waiver(s) requested and the reason(s) for the request. Such waiver requests are required as part of the submission procedures as outlined in §§ 801-23B and 801-24A(1) of the Barnstable Subdivision Rules and Regulations.

D. 

Responsibility for maintenance. Where the Board approves waivers from these regulations pursuant to Subsection B above, the owners of all the land within the subdivision shall be responsible for the maintenance and repair of the street(s), including snow plowing. The Town will not accept a street as a public way that does not meet the construction standards contained herein. To provide notice to future landowners of responsibility for maintenance and repair, the applicant shall execute the S Form, contained in the Appendix, at the Registry of Deeds, and return the recorded document to the Planning Board office.

Editor's Note: Form S is included at the end of this chapter.