For the purpose of these rules and regulations, unless a contrary
intention clearly appears, the terms and words defined in the Subdivision
Control Law (MGL c. 41, §§ 81-K through 81-GG) shall
have the meanings given therein. The following other terms and words
shall have the following meanings:
Includes an owner or his agent or representative or his assigns.
Highways which connect Northbridge and other towns and form
part of the state highway system.
The Planning Board of the Town of Northbridge.
Massachusetts General Law.
ARTERIAL STREETSHighways which connect Northbridge and other towns and form part of the state highway system.
MAJOR STREETSThose streets which carry traffic from developed areas to an arterial street.
SECONDARY STREETSStreets that collect traffic from neighborhoods.
MINOR STREETSStreets which provide primary access to abutting properties.
DEAD-END STREETS/CULS-DE-SACStreets or portions of streets which join another street at only one point.
The division of a tract of land into one or more lots, and
shall include resubdivision and, when appropriate to the context,
shall relate to the process of subdivision or the land or territory
subdivided; provided, however, that the division of a tract of land
into two or more lots shall not be deemed to constitute a subdivision
within the meaning of the Subdivision Control Law if, at the time
when it is made, every lot within the tract so divided has frontage
on a public way or a way which the Town Clerk certifies is maintained
and used as public way or a ways shown on a plan theretofore approved
and endorsed in accordance with the Subdivision Control Law or a way
in existence when the Subdivision Control Law became effective in
the Town of Northbridge, having, in the opinion of the Board, sufficient
width, suitable grades and adequate construction to provide for the
needs of vehicular traffic in relation to the proposed use of the
land abutting thereon or served thereby and for the buildings erected
or to be erected thereon. Such frontage shall be at least of such
distance as is then required by zoning or other ordinances or bylaws
for the erection of a building on such lot. Conveyances or other instruments
adding to, taking away from or changing the size and shape of lots
in such a manner as not to leave any lot so affected without frontage
above set forth or the division of a tract of land on which two or
more buildings were standing when the Subdivision Control Law went
into effect in the Town of Northbridge into separate lots onto of
which one of such buildings remains standing shall not constitute
a "subdivision."
Refer to MGL c. 41, §§ 81-K to 81GG, inclusive,
entitled "Subdivision Control."
A subdivision for residential purposes in which the minimum
lot size in the applicable zoning district is 20,000 square feet or
more.
A subdivision for residential purposes in which the minimum
lot size in the applicable zoning district is less than 20,000 square
feet.
A subdivision for business or industrial purposes.
No more than one building designed or available for use for
dwelling purposes shall be erected or placed or converted to use as
such on any lot in a subdivision or elsewhere in the Town of Northbridge
without the consent of the Board. Such consent may be conditional
upon the providing of adequate ways furnishing access to each site
for such building in the same manner as otherwise required for lots
within a subdivision.
A.
Submission requirements.
(1)
Any person who wishes to have a plan of land recorded in the Registry
of Deeds or to be filed with the Land Court and believes that his
plan does not require approval under the Subdivision Control Law shall
submit his plan, the required filing fee, four contact prints and
a properly executed Form A to the Planning Board at a regularly scheduled
meeting, accompanied by the necessary evidence to show that the plan
does not require approval. Said person shall file, by delivery or
registered mail, a notice with the Town Clerk stating the date of
submission for such determination, accompanied by a copy of said application
and a description of the land to which the plan relates.
(2)
If the notice is given by delivery, the Town Clerk shall, if requested,
give a written receipt therefor.
B.
Form and contents of plan. Said plan shall be of the dimensions 8 1/2
by 11 inches, up to a maximum of 24 by 36 inches, shall be prepared
in such a manner as to meet the Registry of Deeds and/or Land Court
requirements for recording and shall contain the following information:
(1)
Identification of the plan by name and signature of the owner of
record and the location of the land in question, including Deed, Book
and Page reference, the Assessor's Map and lot number, area and
the frontage in feet, the scale, North point and date.
(2)
The statement "Approval under Subdivision Control Law Not Required"
and sufficient space in the lower right hand corner for the date and
signatures of all five members of the Board.
(3)
All ANR plans shall contain the statement "Endorsement of this plan
does not imply the plan complies with the Zoning Bylaws of the Town
of Northbridge."
(4)
The Zoning Classification and any zoning district boundaries that
may lie within the locus of the plan.
(5)
In the case of the creation of a new lot, the remaining land area
and frontage of the land in the ownership of the applicant shall be
shown.
(6)
Notice of any and all decisions of the Zoning Board of Appeals, including
but not limited to variances and special permits, regarding the land
or any building thereon.
(7)
The names and status of private and public ways shown on the plan.
The Planning Board may require the applicant to obtain written verification
by the Town Clerk that there is sufficient frontage on an established
public way or a way maintained and used as a public way.
(8)
Names of abutters from the most recent tax list. If the applicant
has knowledge of any changes subsequent to the latest available Assessor's
records, this information shall be indicated on the plan.
(9)
The bearings and distance of all lines of the lot or lots shown on
the plan and the distance to the nearest permanent monument.
(10)
The location of existing buildings on the land shown on the
plan or within 50 feet of its boundaries, including setback and side
and rear yard designations as determined by the Official Map of the
Town Assessors, the Registry of Deeds and other means.
(11)
Existing contours at five foot intervals and the location of
any topographic features which interfere with the use of the frontage
for access.
(12)
The location of all bounds, fences, walls and bodies of water,
including but not limited to streams, brooks, watercourses, ponds,
lakes, floodplains and other standing bodies of water. Said plan shall
reflect the average annual high-water level with respect to any such
bodies of water.
(13)
A locus map at a scale of one inch to 1,000 feet.
(14)
The following statement, if the plan shows any parcel or parcels
which are not intended as a building lot: "Not a building lot; no
further building may occur without further approval by a Planning
Board pursuant to the Subdivision Control Law."
(15)
The names and addresses of the record owner of the land and
applicant, and the name, seal and signature of the registered land
surveyor or engineer who prepared the plan.
C.
Additional requirements. Justification/description of basis for claim
to ANR endorsement, clearly noted both on the application form and
on the plan (i.e., required frontage on a Town accepted road, separation
of lots with buildings which preexist subdivision control (including
evidence), etc.).
D.
Review and decision process.
(1)
The Planning Board, in considering an application for a determination
that approval is not required, shall first determine whether the application
is a proper submittal. If the Board determines that the application
is not a proper submittal, the applicant shall be denied endorsement
without prejudice. If the application is determined to be a proper
submittal, the Board shall consider the application.
(2)
If the Planning Board determines that the plan does not require approval
under the Subdivision Control Law, the Board shall, without a public
hearing and within 21 days of submission of the plan to the Planning
Board, endorse on the plan the certification that "Planning Board
approval under the Subdivision Control Law is not required." Such
endorsement shall not be withheld unless the plan shows a subdivision
or the applicant has submitted insufficient evidence to substantiate
the basis for claiming that the plan does not show a subdivision as
provided in MGL c. 41, § 81-L.
(3)
If the Planning Board determines that the plan does require approval
under the Subdivision Control Law, it shall send written notice by
certified mail to the applicant of this determination and shall also
give written notice to the Town Clerk within 21 days of the plan submission.
(4)
One print of the plan shall be retained in the files of the Planning
Board with a notation of the Board's action, and copies of the
plan and action shall be sent to the Building Inspector, Town Clerk
and Town Assessor.
E.
Approval criteria.
(1)
The Planning Board shall determine that approval is not required
if and only if each of the lots shown on the plan or altered by the
plan meets one or all of the following criteria:
(a)
The lot has frontage on a public way or way which is maintained
and used as a public way. In determining whether a way has been used
and maintained as a public way, the Board shall require written evidence
from the Town Clerk be submitted by the applicant to substantiate
that the way is under public maintenance under vote of the town and
has been in continuous and substantial use by the general public without
permission of the landowners for at least 20 years. Sporadic use,
use by a few persons or use by agreement of the abutters shall not
suffice.
(b)
The lot has frontage on a way shown on a definitive plan previously
approved and endorsed and registered with the Land Court or Registry
of Deeds in accordance with the Subdivision Control Law.
(c)
The lot has frontage on a way in existence when the Subdivision
Control Law became effective in Northbridge which the Planning Board
finds has significant width, suitable grades and adequate construction
to provide for the needs of vehicular traffic in relation to the proposed
use of the land abutting thereon and for the installation of municipal
services to serve such land and the existing and future buildings
on such land.
(2)
In determining the adequacy of a way, the Board may use the following
guidelines:
(a)
Is the right-of-way at least 40 feet wide and of reasonable
horizontal alignment?
(b)
Does the existing horizontal and vertical alignment of the roadway
provide safe visibility?
(c)
Is the roadway constructed to a minimum pavement width of 18
feet and has adequate provisions for drainage?
(d)
Is the roadway surface adequate to accommodate the vehicular
traffic to be generated by the division of land?
(e)
Have provisions been made for adequate public utilities to each
lot shown on the submitted plan?
No person shall make a subdivision within the meaning of the
Subdivision Control Law of any land within the town or proceed with
the improvement or sale of lots in a subdivision or the construction
of ways or the installation of municipal services therein unless and
until a definitive plan has been submitted to and approved by the
Board and only then in accordance with the conditions of approval
and the procedures set out in these rules and regulations.
