[Massplanners] Town Planner Enforcement Authority

[Katrina O'leary]

Matthew,
Our primary leverage to enforce conditions of subdivision approval is the issuance of building permits or the security held for the completion of the subdivision.  If the problem is caused by the person charged with issuing building permits (and the permits are being issued before required conditions are met), MGL c41, Section 81Y spells out in paragraph 2 that building permits shall be issued with regard to any conditions on the recorded plan.  Paragraph 4 allows the planning board or ten residents, to petition superior court to review any action of any board or officer in disregard of the provisions of Section 81Y.

Good luck.

Katrina O'Leary, AICP
Middleton Town Planner
195 North Main Street     Middleton, MA   01949     PH: (978)777-8917
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From: MassPlanners <massplanners-bounces at masscptc.org> On Behalf Of Matthew Benoit via MassPlanners
Sent: Friday, May 19, 2023 9:18 AM
To: massplanners at masscptc.org
Subject: [Massplanners] Town Planner Enforcement Authority

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Planners,

What enforcement authority do we actually have as planners?  Can we shut projects down for non-compliance with Subdivision conditions?  Or must we ask the Zoning Enforcement Official to do so?

Matthew C. Benoit, Notary Public
Director of Community Development
Town of Douglas
29 Depot Street
Douglas, MA 01516
508-476-4000  x206
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