[Massplanners] Town Planner Enforcement Authority

[Town Administration]

Matthew -

Agreeing with others:  If a project was approved via special permit, your Zoning Enforcement Official is your agent.

However, if a project was approved under subdivision control law, Section 81W of Ch. 41 says:  "A planning board, on its own motion or on the petition of any person interested, shall have power to modify, amend or rescind its approval of a plan of a subdivision, or to require a change in a plan as a condition of its retaining the status of an approved plan."

We've done this once in Edgartown, to consider whether to apply additional conditions to a subdivision approval.  If a Form O (release of Lots) hasn't been issued, it's a pretty big lever to use...

- Doug, Westhampton.


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


CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
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
www.douglas-ma.gov<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.douglas-ma.gov&c=E,1,SvEUUPANaObohK_iBYSqeLk515NpY4UFPM5h8MLeUK-GFLIvuDGk0pouBH361xFgD3A_1P39-ESzTChYyHTKMiuUZw9fwAR8wqcIA-YSxTBXwx8wo4xsyw,,&typo=1&ancr_add=1>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20230519/24eaaca5/attachment.htm>