As used in these rules and regulations, the
following terms shall have the meanings indicated:
APPLICANT
The owner or his agent or representative or his assignee
submitting a plan for approval under these rules and regulations.
BOARD
The Planning Board of the Town of Middleton.
FRONTAGE
The horizontal distance between the side boundaries of a
lot, measured along the exterior line of the way or street serving
as legal access to the lot.
LOT
An area of land in single ownership, with definite boundaries
used, or available for use, as the site of one or more buildings.
PERSON
An individual, or two or more individuals, or a group or
association of individuals, a partnership, a corporation or any other
legal entity having common or undivided interests in a tract of land.
STREET, MAJOR
A street which, in the opinion of the Board, is being used
or will be used as a thoroughfare within the Town of Middleton, which
will connect communities or which will otherwise carry a heavy volume
of traffic.
STREET, MINOR
A street which, in the opinion of the Board, is being used
or will be used primarily to provide access to abutting lots and which
will not be used for through traffic.
STREET, SECONDARY
A street intersecting one or more minor streets and which,
in the opinion of the Board, is used or will be used to carry substantial
traffic from such minor street(s) to a major street or community facility,
and normally including a shopping center, industrial park, a large
subdivision, a group of subdivisions, and any principal circulation
street within such developments, or a street which will connect subdivisions.
SUBDIVISION
The division of a tract of land as defined in MGL c. 41,
§ 81L.
TOWN ENGINEER
The Superintendent of the Division of Public Works for the
Town of Middleton, his representative or a person appointed by the
Board of Selectmen to that position serving for the Planning Board.
[Amended 9-10-2014]
All applicants are urged to have their plans reviewed by the
Board's designee prior to submitting them to the Board.
A. Submission requirements.
(1) Preliminary plan. A preliminary plan is strongly recommended, but
not required, in order for all municipal departments and abutters
to discuss and clarify any questions or problems created by such subdivision
before a definitive plan is prepared.
(a)
A preliminary plan may be submitted to the Board by delivery
or registered mail to the Board care of the Town Clerk a completed
Form B (see Appendix) and five copies of the plan. The date of delivery to the
Town Clerk will be the date of submission.
(b)
A preliminary plan which is submitted to the Board must be accompanied
by a fee of $100.
(c)
The applicant shall, in any event, file a copy of Form B with
the Town Clerk.
(2) Definitive plan. A definitive plan as required under §
250-3A of these rules and regulations shall be submitted to the Board for approval.
(a)
A definitive plan may be submitted to the Board by delivery
or registered mail to the Board care of the Town Clerk a completed
Form C (see Appendix) and five copies of the plan. The date of delivery to the
Town Clerk will be the date of submission.
(b)
The applicant shall, in any event, file a copy of Form C with
the Town Clerk.
(c)
A definitive plan which is submitted to the Board must be accompanied
by the following fees:
[1]
With a preliminary plan approved within the previous two years:
The fee shall be $2,000 plus $500 per lot shown on preliminary plan
and/or $1,000 per lot not shown on preliminary plan.
[2]
No preliminary plan approved: The fee shall be $2,000 plus $1,000
per lot.
[3]
Definitive subdivision modification requests under MGL c. 4181-W:
$200 plus $100 per lot changed.
(d)
A definitive plan shall not be considered submitted unless all of the provisions of §
250-9 are met.
B. Review process.
(1) Preliminary plan. The applicant may make a general presentation of
his preliminary plan on the submission date. This presentation should
be general in nature but also point out any unusual characteristics
of the proposed subdivision. Detailed discussion of this plan will
take place at a regularly scheduled meeting of the Board. At this
time, the municipal departments and the Board will have reviewed the
plan and visit and inspect the property of the proposed subdivision
as provided for in MGL. c. 41, § 81CC, as amended.
(2) Definitive plan. The applicant may make a general presentation of
his definitive plan on the submission date. This presentation should
be general in nature and shall include a discussion of the environmental
impact and evaluation statement. The Board shall schedule a public
hearing on such definitive plan as soon as possible after the submission
date.
C. Public hearings. Before action is taken on a definitive plan, a public
hearing shall be held by the Board. Notice of such hearing shall be
given by the Board in each of two successive weeks by advertisement
in a newspaper of general circulation in the Town of Middleton, the
first notice being not less than 14 days before such hearing or in
accordance with MGL c.41, § 81T, as amended. The Board shall
notify the abutters (as provided by the applicant in his submission)
to the proposed subdivision by certified mail.
D. Action by the Board.
(1) The Board may approve, disapprove or approve with modifications such
preliminary or definitive plan. The Board shall take such action on
a preliminary plan within 45 days after the submission date unless
such time for action has been extended by the applicant and the Board.
The Board shall take action on a definitive plan within go days after
the submission date unless such time for action has been extended
by the applicant and the Board. In cases where a preliminary plan
was not submitted the Board shall take action within 135 days unless
such time for action has been extended by the applicant and the Board.
In the case of disapproval, the Board shall notify the applicant of
the specific reason(s) for which the plan was disapproved.
(2) The rules and regulations governing the subdivision of land in effect
at the time of submission of such preliminary plan shall govern a
definitive plan evolved from such preliminary plan, provided that
such definitive plan is submitted within seven months of the submission
of the preliminary plan.
(3) The approval of a preliminary plan does not constitute approval of the layout submitted on the preliminary plan, but the preliminary plan shall serve as a guide to the applicant's preparation of a definitive plan which must be submitted as required under §
250-3A.
(4) Notice of the Board's action must be given to the applicant
and Town Clerk within the time specified unless such time has been
extended by the applicant and the Board. The Town Clerk must be notified
of any such extension(s). Failure of the Board to act within the time
specified shall be considered as approval of such preliminary or definitive
plan as the case may be.
Subject plans submitted to the Board shall be
of minimum dimensions of 9 1/2 inches by 14 inches or a maximum
size not to exceed 24 inches by 36 inches, shall be drawn on polyester
film sepia and shall contain the following information:
A. Identification of the plan by name of owner of record
and location of the land in question, cross-referenced to the Assessors'
Map number and parcel number.
B. The statement "Approval Under Subdivision Control
Law Not Required" and shall provide sufficient space for the date
and signatures of a majority of the Board.
C. Zoning classifications and location of any zoning
district boundaries that may lie within the locus of the plan.
D. In the case of the creation of a new lot plan, the
remaining contiguous land area and frontage of the land in the ownership
of the applicant shall be shown.
E. Notice of any decision of the Zoning Board of Appeals,
including but not limited to variances and exceptions regarding the
land or any building(s) thereon.
F. Abutters from the latest Assessors' records unless
the applicant has knowledge of any changes subsequent to the latest
available Assessors' records.
G. The distance to the nearest road or to other permanent
monument.
H. Location of all existing buildings, including setback
and side and rear dimensions.
I. A locus plan of sufficient scale to clearly indicate
the location of the property.
J. The scale, date and the name, stamp and signature
of the registered land surveyor who prepared the plan.
K. The lot being subdivided must show bearing and distance
of property lines. Curved lines shall have length of arc, radius and
central angle shown.
L. Areas of all parcels being subdivided must be shown.
M. The status of the roadway on which the lots have frontage
must be shown (i.e., public, county).
N. Edges of existing traveled way and construction must
be shown to determine the adequacy of the way.
O. North arrow shall be indicated on the plan with magnetic
or true designation.
P. Indication of floodplain, if any, shall be shown on
the plan.
Q. Statement that the plan conforms to the rules and
regulations of the Registry of Deeds must be noted on the plan.
R. Space on the plan must be provided for Registry of
Deeds action.
S. Recorded easements, if any, must be shown on the plan with all lines dimensioned as outlined in Subsection
K above.
[Added 6-10-2009, amended 9-10-2014]
A. Frontage requirement.
(1) Prior to issuing a building permit for new construction, the Building
Inspector must obtain a determination from the Planning Board that
the lot upon which the building is being erected has frontage upon
a street.
(2) The Zoning Bylaw defines a street as "a way which, in the reasonable
judgment of the Planning Board, has sufficient width, suitable grades,
and adequate construction to provide for the needs of vehicular traffic
existing and/or resulting from the development of abutting land and
for the installation of municipal services to such land(s) and/or
buildings located on or to be constructed on such land and which complies
with one of the following criteria: (1) a way which the Town Clerk
certifies is used as and maintained regularly and consistently as
a public way by the Town to the same extent to which other public
ways are maintained by the Town; or (2) a way shown on a plan previously
approved and endorsed by the Planning Board and recorded at the Registry
of Deeds; or (3) a way existing prior to the date on which subdivision
control was adopted by the Town."
(3) For a lot which has frontage on one of the aforementioned ways, which
lot existed prior to the date on which subdivision control was adopted
by the Town (March 15, 1955), but does not meet the construction standards
described above (i.e., "sufficient width, suitable grades, and adequate
construction to provide for the needs of vehicular traffic existing...on
such land"), the Planning Board hereby adopts rules and regulations
by which an applicant may improve said way without submitting a definitive
plan under the Board's Rules and Regulations Governing the Subdivision
of Land in Middleton, MA.
B. Applicability. Prior to implementing these rules, the Board must
find that the lot in question falls under the criteria described in
the above subsection. To make this determination, the Board requires
applicants to submit, as part of their application, the following
information:
(1) Existence of lot prior to subdivision control. To demonstrate that
the lot in question existed prior to the date on which subdivision
control was adopted by the Town, the applicant shall provide a copy
of the recorded deed and plan (if any) as recorded in the Essex County
Registry of Deeds, which shows that the lot existed in its current
form prior to March 15, 1955.
(2) Existence of way.
(a)
Town Clerk certification. If the applicant is attempting to
demonstrate that the lot in question has "frontage on a way which
the Town Clerk certifies is used as and maintained regularly and consistently
as a public way by the Town to the same extent to which other public
ways are maintained by the Town," then the applicant shall provide
a letter from the Town Clerk in which the above described certification
is made.
(b)
Previously approved plan. If the applicant is attempting to
demonstrate that the lot in question has "frontage on a way shown
on a plan previously approved and endorsed by the Planning Board and
recorded at the Registry of Deeds," then the applicant shall provide
a copy of the approved definitive subdivision plan or approval not
required (ANR) plan as recorded in the Essex County Registry of Deeds,
including the book and page number of said recording.
(c)
Existed prior to subdivision control. If the applicant is attempting
to demonstrate that the lot in question has "frontage on a way existing
prior to the date on which subdivision control was adopted by the
Town, then the applicant shall provide deeds, maps, and other documentation
which shows that the road in question existed prior to March 15, 1955,
and provide evidence that the road has a history of being used as
a traveled way.
C. Submittal requirements. The applicant shall submit the following
to the Planning Board:
(1) Three contact prints of a plan [Note: For an existing road that is adequate in all respects except that it lacks a proper surface, the Planning Board may determine that the plan does not need to be signed and stamped by a professional civil engineer, and need not contain the information described in Subsection
C(1)(e),
(f) and
(g).] certified by a registered land surveyor per CMR 250, drawn to scale of at least one inch to 40 feet (or in lesser detail if approved by the Planning Board), signed and stamped by a registered land surveyor and civil engineer, and showing the following information:
(a)
Street name, boundaries, North point, benchmarks, date, scale,
legend, and title "Road Improvement Plan."
(b)
Names of the applicant, surveyor, and engineer.
(c)
Existing and proposed boundary lines of right-of-way.
(d)
Existing and proposed traveled way within the right-of-way.
(e)
Existing and proposed topography of street.
(f)
A locus plan of the subdivision at one inch equals 1,000 feet,
showing proposed street and its relation to the surrounding area.
(g)
Typical cross section at one inch equals five feet horizontal;
one inch equals one foot vertical. Typical cross section of road shall
show the width of layout; width and pitch of pavement, including berms
and shoulders; and the depth of base course and road pavements.
(h)
Signature block and a space for the date of endorsement.
D. Design standards. The design standards for road construction in the Town of Middleton are described in the Planning Board's Rules and Regulations Governing the Subdivision of Land in Middleton. As a general rule, however, roads constructed under this section (§
250-6) need conform only to the following minimum standards. [Note: In some instances, conditions may warrant either stricter or less restrictive standards than those listed above; such standards may be imposed by the Planning Board in any particular case in which such standard(s) is in the public interest and not inconsistent with the intent and purpose of these regulations.]
(1) The width of the street right-of-way shall be no less than 20 feet.
(2) The minimum width of the traveled way shall be no less than 16 feet.
(3) The maximum center-line grade shall be 12%.
(4) When the grade exceeds 6% on the approach to an intersection, a leveling
area with a slope of not more than 4% shall be provided for a distance
not less than 50 feet from the intersecting street.
(5) The road construction standards described in the Appendix of the
Board's Subdivision Regulations.
(6) For a dead-end street, a "T" or "Y" shaped turnaround, of a design
satisfactory to the Planning Board.
E. Road surface requirements. For a way to be of "adequate construction,"
it must be paved with bituminous concrete (asphalt) or macadam, and
be in good condition. However, in certain situations the Board may
allow a road surface such as lynn-pak, man-pak, processed gravel,
porous bituminous concrete, or other all weather surface, provided
that:
(1) The way in question will be serving no more than one additional lot;
(2) The grade of the way in question is not more than 5%; and
(3) Any of the following three criteria are met:
(a)
The Conservation Commission has requested that the way in question
not be paved to minimize the impact of the road on the surrounding
wetlands; or
(b)
The way in question is an extension of, or located off of, a
public or recognized private way that is not paved with concrete,
bituminous concrete, or macadam, and which serves other house lots;
or
(c)
The way in question serves as frontage for at least one other
existing residential lot.
F. Length of road improvement required. At a minimum, the applicant
shall improve the roadway to within the design and road surface standards
for a length equal to the required frontage for the lot in question.
Based on the condition of the remainder of the subject road, as well
as the condition of ways that provide access and egress to and from
the subject road, the applicant may be required to make additional
street improvement to ensure adequate access. The nature of said improvements
shall be determined by the Planning Board.
G. Plan review and approval.
(1) Plans submitted in accordance with the above requirements shall be
reviewed and acted upon by the Planning Board within 60 days of the
submittal. Prior to taking action the Board will hold a public hearing
to obtain public comment on the plan. The hearing shall be advertised
in a newspaper of local circulation at least seven days prior to the
hearing. The cost of advertising the public hearing shall be borne
by the applicant.
(2) The Planning Board shall make a final determination on the application
no later than 60 days after submittal, and said decision shall be
filed with the Town Clerk within said time. If a plan is approved,
it shall be signed by the Chairman of the Planning Board or his/her
designee. If a plan is found to be unsatisfactory, the Planning Board
shall deny the application, and the reasons for denial shall be included
in the Board's decision. Once the applicant has addressed the
reasons for disapproval and submitted such to the Planning Board,
it may be approved by the Board without a public hearing.
H. Recording of plan. The Planning Board's approval under these
rules and regulations shall not take effect until an endorsed copy
of the plan and decision, certified by the Town Clerk and executed
by the developer, has been recorded with the Essex County South District
Registry of Deeds. A certified copy of the recorded document shall
be submitted to the Board prior to the issuance of a building permit.
I. Completion of improvements. Upon the Chairman's endorsement
of the Road Improvement Plan, the applicant may proceed with the improvements.
The applicant shall notify the Planning Board or its designee when
the improvements are completed. Within 14 days of such notice, the
Planning Board or its designee, upon consultation with the Director
of Public Works, shall notify the applicant in writing as to whether
the road improvements have been satisfactorily completed. If they
are found to be unsatisfactory, the Planning Board or its designee
shall state the reasons in the letter to the applicant. Once the applicant
has addressed the reasons for disapproval to the satisfaction of the
Planning Board or its designee, the Planning Board or its designee
shall advise the Building Inspector that the roadway provides adequate
access to the applicant's lot.
Before endorsement of its approval of a definitive
plan, the Board shall require that the construction of ways, the installation
of municipal services and other require improvements be secured by
one, or in part by one and in part by the other, of the methods described
below. Which method may be selected and from time to time varied by
the applicant. In any event, the method selected must be approved
by the Town Counsel as to form.
A. Bond or surety.
(1) The applicant shall file a proper bond or a deposit
of money or negotiable securities in an amount sufficient to cover
the cost of all or any of the improvements required. The amount shall
be determined by the Board with the advice of the Superintendent of
Public Works. Said bond or surety to be deposited with the Town Treasurer-Collector.
(2) Said bond or surety shall be solely in the name of
the Town of Middleton.
(3) If the Board determines at any time during the construction
of the improvements that improvements have been installed in a satisfactory
manner in sufficient amount to warrant reduction in the face amount
of such surety, or the character and extent of the subdivision require
additional improvements, previously waived, or the cost of the improvements
has risen substantially and the performance guarantee is no longer
sufficient to cover costs, then, in each of the above cases, the Board
may modify its requirements for any or all such improvements, and
the face value of such surety shall thereupon be reduced or increased
by an appropriate amount.
B. Covenant.
(1) The applicant may request approval of the definitive
plan on the condition that a covenant running with the land has been
duly executed and recorded and so noted on the plan.
(2) Such covenant shall provide that no lot may be sold
or built upon until all of the required improvements have been completed
and approved. The Board may set a two-year or other appropriate time
limit within which all construction must be completed.
(3) The Board shall specify that failure to complete specified
construction within the applicable time for completion may result
in rescission of the plan upon a vote of the Board. The applicant
may request a time extension subject to the Board's review and approval.
C. Tripartite agreement. The applicant shall deliver
to the Board an agreement executed after the recording of a first
mortgage covering the premises shown on the plan or a portion thereof
given as security for advances to be made to the applicant by the
lender, which agreement shall be executed by the applicant and the
lender and shall provide for the retention by the lender of funds
sufficient in the opinion of the Board and otherwise due the applicant
to secure the construction of ways and the installation of municipal
services. Said agreement shall also provide for a schedule of disbursements
which may be made to the applicant upon completion of various stages
of the work and shall further provide that in the event the work is
not completed within the time set forth by the applicant, any funds
remaining undisbursed shall be available for completion.
D. Reduction of bond or surety or release of covenant.
(1) Upon the completion of the ways and the installation
of municipal services, the applicant shall so notify the Board and
the Town Clerk, by delivery or registered mail, requesting release
from such bond or surety or covenant. If the Board determines that
such construction and installation have been completed in accordance
with the specifications, it shall release such bond or surety or covenant.
The Board may require that an amount equal to 10% of the original
face value of the bond or surety remain on deposit with the Town Treasurer-Collector
for a period of one year from the date of completion. If construction
was secured by a covenant, the Board may require that an appropriate
amount be deposited with the Town Treasurer-Collector for a period
of one year following the release. Said deposit may be a bond or surety.
(2) The Board, at its discretion, may condition such request
upon the submission of as-built plans.
(3) The Board shall act upon such request within 45 days.
No changes or alterations, except as provided
for in MGL c. 41, § 81O, shall be made in an approved definitive
plan without first resubmitting the changes to the Board for approval.
Any alteration in grades, drainage plans or other utilities shall
be deemed to constitute a change in a definitive plan.