The purpose for submitting a preliminary plan of a subdivision is to enable the subdivider, Planning Board and other municipal agencies and owners of property abutting the proposed subdivision to discuss and clarify the problems of such a subdivision before a definitive plan is proposed. Therefore, it is strongly recommended that a preliminary plan be filed in every case. Nonresidential subdivision requires a preliminary plan. The Planning Board will distribute the plan to the various municipal agencies and boards noted in § 270-6.
An applicant may submit a preliminary plan in accordance with the following:
A.
The applicant shall submit 10 contact copies, dark lines on white background, of the plan and an application Form B (see Appendix A)[1] to the Planning Board, together with all other information and
documentation as required in these rules and regulations.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
The applicant shall submit two copies of the plan directly
to the Board of Health, along with any information and documentation regarding
soil conditions, deep hole logs and percolation tests, if available. (MGL
c. 41, § 81S).
C.
When an applicant wishes to submit a preliminary plan,
submission may be accomplished by delivery at any Planning Board meeting,
delivery to the Town Planner, or by registered mail, postage prepaid, addressed
to the Belchertown Planning Board, and in any case by giving written notice
to the Town Clerk by delivery or by registered mail, postage prepaid, that
such plan has been submitted. If notice is given by delivery, the Town Clerk
shall, if requested, give a written receipt thereof.
D.
When multiple sheets are necessary, match lines shall
be used with an index plan graphically indicating the arrangement of standard
(24 inches by 36 inches) sheets at a suitable scale.
A.
The preliminary plans shall be drawn on paper, preferably
at a scale of one inch equals 100 feet, on a sheet size of 24 inches by 36
inches, and shall show at least the following information:
(1)
The subdivision name; boundaries; North arrow, indicating
true, grid or magnetic North, with date of last reading; date; scale; legend;
and the title "Preliminary Plan."
(2)
The names and addresses of the owners of record, the
applicant, and the Massachusetts registered civil engineer and land surveyor
responsible for preparing the plan.
(3)
The names and addresses of all abutters and those owners
of land separated from the subdivision only by a street or physical features
as determined from the most recent tax list, in correct locations, and all
property owners within 300 feet of the subdivision's property lines,
including those in other towns.
(4)
Existing and proposed lines of streets, rights-of-way,
easements and any public or common ways within the subdivision.
(5)
Location, names and present widths of adjacent streets.
(6)
Location of existing and proposed man-made and natural
waterways, water bodies, wetlands, and special flood hazard areas within and
adjacent to the proposed subdivision. This may refer to a determination or
order of conditions from the Belchertown Conservation Commission.
(7)
Boundary lines of all proposed lots, with the approximate
dimensions and lot areas in square feet, and boundary lines of the entire
parcel to be subdivided and conveyed out of the parcel, with all lots designated
alphabetically in sequence.
(8)
The existing and proposed topography at ten-foot or less
contour intervals. Datum must be National Geodetic Vertical Datum mean sea
level. The preparing engineer or surveyor shall confirm the terrain contours
from the United States Geological Survey map.
(9)
Proposed storm drainage and sanitary sewer systems, including
location, size and direction of flow of existing and proposed sewers, culverts,
and storm drains, in a general manner, and existing and proposed easements,
where applicable.
(10)
Proposed and existing water systems in a general manner,
where applicable.
(11)
A sketch of the applicant's contiguous unsubdivided
land, showing possible or contemplated development and street layout, if applicable.
(12)
The maximum number of building lots permissible under
the Zoning Bylaw in effect at the time must be shown on the preliminary plan.
This is to make sure that the Planning Board and other reviewing authorities
understand the full potential build-out of the subdivision; it does not mean
or imply that a land owner must create as many lots as possible, nor does
it mean or imply that a land owner may not resubdivide land later.
(13)
A locus or location plan at United States Geological
Survey scale showing the subdivision and its location with reference to the
surrounding roadways and physical features.
B.
The center line of the proposed roadways and all property
lot lines shall be adequately and accurately marked by stakes or flags on
the site sufficient for identification by the Planning Board members and other
town officials.
D.
The developer should show any proposed phasing plan on
the preliminary plan.
E.
The applicant shall request any proposed waivers of the
Planning Board in writing. The Board may reserve decision on waiver requests
until a definitive subdivision plan is filed.
A.
After submission, the preliminary plan will be reviewed by the Planning Board, the Board of Health, and the Conservation Commission and other municipal agencies and departments to determine if it complies with the design standards as set forth in these rules and regulations. (See § 270-6 for list of agencies.)
B.
Within 35 days after the date of submission, the Board
of Health shall notify the Planning Board of its approval or disapproval of
the preliminary plan and, if disapproved, shall list its reasons in writing.
C.
Within 45 days after the date of submission of the preliminary
plan, the Planning Board shall approve, or approve with modifications suggested
by the Board or agreed upon by the applicant, or disapprove the preliminary
plan and, in the case of disapproval, shall state in detail the reasons for
its disapproval.
D.
The Planning Board shall file a certificate of action
with the Town Clerk and shall send notice of its action by certified mail
to the applicant. Failure of the Planning Board to act upon a preliminary
plan within 45 days after submission does not constitute nor imply approval
of such plan.
E.
Except as is otherwise expressly provided, the provisions
of the Subdivision Control Law relating to a definitive plan do not apply
to a preliminary plan, and the Register of Deeds may not record a preliminary
plan. Approval of a preliminary plan does not in any way constitute such approval
as to authorize the owner to proceed with the construction of street or other
work in the subdivision, nor guarantee approval of any definitive plan application
developed from a preliminary plan.
The Planning Board will review comprehensive permit applications to
determine if the proposed project will constitute a subdivision.
A.
After submission of a comprehensive permit application to the Board of Appeals and receipt by the Planning Board, the application shall be reviewed by the Board of Health, the Conservation Commission, the Town Engineer and other municipal agencies as in § 270-18A.
B.
Within 30 days of receipt of the application, the Planning
Board shall review the application and comments from the agencies and render
a report on compliance with the requirements for subdivision by the applicant
to the Board of Appeals.
