A.
Submission of plan.
(1)
Any person who wishes to cause to be recorded in the
Registry of Deeds or to be filed with the Land Court a plan of land
and who believes that his plan does not require approval under the
Subdivision Control Law (MGL c. 41) may submit his plan and six contact
prints of his plan each folded to 8 1/2 inches by 11 inches maximum,
with title side out thereof, along with the original Mylar or linen,
and two copies of a properly executed Form A[1] to the Board at a designated regularly scheduled meeting
of the Board 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 to the Board for such determination accompanied by a
copy of said application receipted by the Board and describing the
land to which the plan relates sufficiently for identification. If
the notice is given by delivery, the Town Clerk shall, if requested,
give a written receipt therefor.
[1]
Editor's Note: Form A is included at the end
of these regulations.
(2)
Each submittal must be accompanied by a filing fee
of $50, plus $100 per lot created. Make checks payable to the Town
of Boxford.
[Amended 11-17-2004]
(3)
The classification and precision of surveys shall
conform to Class A or better of the most recent Land Court Manual
of Instruction, Commonwealth of Massachusetts.
B.
Contents. Said plan shall be legibly drawn in accordance
with the rules and regulations of the Registry of Deeds, MGL c. 36,
§ 13A, as amended, pertaining to plan size, material, lettering
and related requirements and shall contain all required seals and
signatures required by the Registry of Deeds prior to the recording
of said plan. The plan shall bear the seal and signature of the registered
land surveyor immediately responsible per MGL c. 112, §§ 8ID
to 81T. The plan scale shall preferably be 40 feet to the inch or
such other scale as the Board may accept, and the plan documentation
shall contain the following:
(1)
Identification of the plan by name of owner of record
and location of the land in question, including the Assessors' Tax
Map number and lot number, the scale, North arrow and date.
(2)
A locus map at a scale of 1,500 feet to the inch.
Locus must show all existing town roads located within 4,500 feet
of the site, both within Boxford and within adjacent towns with town
boundaries shown.
(3)
The statement "Approval Under Subdivision Control
Law Not Required" and sufficient space for the date and the signatures
of all members of the Board.
(4)
Zoning classification and location of any zoning district
boundaries that may lie within the locus of the plan.
(5)
In the case of the creation of a new lot, all the
remaining abutting land area and frontage of the land in the ownership
of the applicant shall be shown.
(6)
Notice of any decisions by the Zoning Board of Appeals,
including but not limited to variances and exceptions regarding the
land or any buildings thereon.
(7)
Names of abutters from the most recent local tax list
unless the applicant has knowledge of any changes subsequent to the
latest available Assessor's records.
(8)
Names and status (private or public) of streets and
ways shown on the plan.
(9)
Bearings and distances of all lines of the lot or
lots shown on the plan and the bearings and distance to the nearest
permanent monument. Frontage of each individual lot and total frontage
shall be shown.
(10)
A representation of the fifty-foot depth along
the frontage by dotted line. The length of said dotted line shall
be indicated.
(11)
The total perimeter of the lot and the area
of the lot, together with the area of a square lot of the same perimeter,
expressed in the following ratio:
|
Area of lot
|
=
|
________ %
| |
|
Area of square lot of same perimeter
|
(13)
Accurate location of all existing structures
including all wells, septic systems, surface and subsurface drainage,
stump pits, and building setback, side yard and rear yard distances.
(14)
Location of all bounds, brooks, fences, trails,
walls, easements and/or encumbrances. All predominant natural features
(i.e. bodies of water, etc.) must be shown with appropriate areas
if applicable.
(15)
Street numbers shall be shown within a rectangular
box within the two-hundred-foot diameter circle of all buildable lots.
(16)
Assignment of house numbers.[3]
(a)
Street addresses are required to be prominently
shown on each lot prior to the Planning Board's approval of the definitive
plan. Measurements are taken every 1/100 of a mile, or every 52.8
feet, from intersection of streets.
(b)
Numbers are assigned based on the location of
proposed driveway cuts.
(c)
Assign even numbers to the left side of the
street and odd numbers to the right side of the street. If the street
is a through street, even numbers are on the left side when traveling
from the town police station.
(d)
All lots sharing a common driveway will be assigned
the same numerical street number. The number assigned will be based
on the location of the common driveway. Each lot will also be issued
an additional letter designation, either "A," "B" or "C."
(17)
Scenic road requirement. All roads in the Town
of Boxford are designated as "scenic roads" (MGL c. 40 § 15C)
and as such any disturbances of a stone wall located adjacent to a
road or the removal of trees located within the road dedication are
prohibited without the written consent of the Planning Board.
C.
Endorsement of plan not requiring approval. If the
Board determines that the plan does not require approval, it shall
without a public hearing and within 21 days of a submission endorse
the plan. The Board may add appropriate comments on areas of the plan
to draw the attention of the Inspector of Buildings, i.e. identifying
lots not complying with the minimum bylaw requirements for building
lots. The original plan shall be returned to the applicant, and the
Board shall also notify the Town Clerk in writing of its action.
D.
Determination that plan requires approval. If the
Board determines that the plan does require approval under the Subdivision
Control Law, it shall, within 21 days of the submission of the plan,
so inform the applicant in writing and return the plan. The Board
shall also notify the Town Clerk in writing of its action.
E.
Failure of Board to act. If the Board fails to act
upon a plan submitted under this section or fails to notify Town Clerk
and the person submitting the plan of its action within 21 days after
its submission, unless an extension has been requested by the applicant
and approved by the Board, it shall be deemed to have determined that
approval under the Subdivision Control Law is not required, and it
shall forthwith make such endorsement on said plan, and on its failure
to do so forthwith, the Town Clerk shall issue a certificate to the
same effect.
A.
Submission of a preliminary plan.
(1)
A preliminary plan of a subdivision may be submitted
by the applicant. The preliminary plan, with 12 prints each folded
to a maximum of 8 1/2 inches by 11 inches with title side out
shall be filed with the Board, together with three copies each of
a properly executed application Form B (Application for Approval of
a Preliminary Plan) and Form D (Land Surveyor's Certificate)[1] at a designated regularly scheduled meeting of the Board.
The applicant shall also file by delivery or registered mail a copy
of Form B receipted by the Board with the Town Clerk stating the date
of submission of a preliminary plan to the Board for such approval
and describing the land to which the plan relates sufficiently for
identification. If the notice is given by delivery, the Town Clerk
shall, if requested, give a written receipt therefor.
[1]
Editor's Note: Forms B and D are included
at the end of these regulations.
(2)
The submission of such a preliminary plan will enable
the applicant, the Board, the Board of Health, the Conservation Commission,
the Superintendent of Public Works, the Board of Assessors, the Police
Department, the Fire Department and other town agencies and the owners
of property abutting the subdivision to discuss and clarify the details
of such subdivision before a definitive plan is prepared. Therefore,
it is strongly recommended that a preliminary plan be filed in each
case.
(3)
Before approval of the preliminary plan, the Board
will submit the plan to an independent engineering service for review
at the applicant's expense. Prior to the initiation of this review,
an itemized budget estimate will be established and paid in advance
by the applicant to a Planning Board escrow account. Failure to establish
this escrow account will constitute grounds for denial of the preliminary
plan.
B.
Contents. The preliminary plan shall be drawn on tracing
paper or other reproducible substance at a suitable scale, preferably
40 feet to the inch or such other scale as the Board may accept. The
plan shall be designated as a "preliminary plan," and to form a clear
basis for discussion of the details of the subdivision and for preparation
of the definitive plan, the plan shall contain the following:
(1)
The subdivision name, if any, boundaries, North arrow,
date, scale, legend, title "preliminary plan," and an index of all
pages and what information is to be found on each page of the plan.
(2)
Title block requirement. Each page must contain a
title running along the entire right-hand edge of each sheet (see
Figure 14[2]) showing the name of the subdivision, if any, in the left-hand
corner, the date, scale, the names, seals and signatures and addresses
of the engineer and surveyor who made the plan, the page number and
provisions for recording revision dates, including a written description
of each revision.
[2]
Editor's Note: Figure 14 is included at the
end of these regulations.
(3)
The names and addresses of all abutters within 500
feet of the parcel boundaries, as determined from the most recent
local tax list, unless the applicant shall have more recent knowledge
of such abutters, along with two sets of mailing labels.
(4)
The locus of the land shown on the plan with sufficient
information to accurately locate the plan (i.e., at least one intersection
of at least two existing town roads, including Assessor's Tax Map
numbers and lot numbers). The scale shall be 1,500 feet to the inch.
The locus must show all existing town roads located within 4,500 feet
of the site, both within Boxford and within adjacent towns, with town
boundaries shown.
(5)
The existing and proposed lines of streets, ways,
easements and any public or common areas within the subdivision, in
a general manner.
(6)
Major features of the land, such as existing wells,
septic systems, walls, fences, monuments, buildings, wood roads, paths,
trails, wooded areas, outcroppings, ditches, swamps, water bodies
and natural waterways. Where applicable, aerial photographs may be
required.
(7)
A general description of the type of systems of sewage
disposal, water installation and surface drainage in a general manner,
including adjacent existing natural waterways intended to receive
sewage and drainage effluent.
(8)
The approximate boundary lines of proposed lots, with
numbers, approximate area dimensions, totaled frontage, two-hundred-foot
diameter circle at the building site indicated and a dotted line indicating
the fifty-foot depth from the frontage and the length of said dotted
line.
(9)
The names, approximate location and widths of adjacent
streets and of streets approaching or within reasonable proximity
of the subdivision.
(10)
The topography of the land with a two-foot contour
interval based on the Town Datum (National Geodetic Vertical Datum
of 1929). Water bodies and their elevations shall be shown with the
date of measurement, starting or reference bench marks shall be shown
along with set bench marks.
(11)
Soil types and locations based on the Boxford
Report of United States Department of Agriculture, Soil Conservation
Service, "Soils and their Interpretations for Various Land Uses."
(12)
Letter designation of the proposed street in
lieu of names, plus a list of proposed street names.
(13)
Existing profiles of the exterior grade at the
edge of the shoulder and center line, assuming a pavement centered
on the dedication, drawn in fine black line (dot dash for left, dot
dot dash for right side and dash for center line); and proposed profile
on the finished center line drawn in fine black solid line at a horizontal
scale of one inch equals 40 feet and vertical scale of one inch equals
four feet, or such other scales acceptable to the Board, together
with a cross section of any open channel streams and drain and sewer
utilities.
(14)
Area of contiguous land and water of the applicant
not presently being subdivided, with a sketch plan showing a feasible
future street layout for such contiguous land, if any.
(15)
The zoning classification of land shown on the
plan and the location of any zoning district boundaries that may lie
within the locus of the plan.
(16)
Easements and rights-of-way applicable to the
area shown on the plan.
(17)
A document shall be filed containing information
to provide a basis for general conclusions about the effect on the
environment and on the community of the proposed plan compared to
alternatives permitted under the Zoning Bylaw. See Schedule A.[3]
[3]
Editor's Note: Schedule A is included at the
end of these regulations.
(18)
Notice of any decisions by the Zoning Board
of Appeals, including but not limited to variances and special permits
regarding the land or any buildings thereon.
(19)
For subdivisions greater than 10 lots, a phasing plan shall be submitted identifying the limits, sequencing and scheduling of roadway construction in conformance with § 300-24C.
(20)
Traffic analysis.
(a)
For all subdivisions, the applicant shall be
required to submit a technical memorandum prepared by a qualified
traffic engineer to provide the following existing street information
at proposed new street intersections:
(b)
In addition, for all subdivisions over 25 lots,
or where otherwise deemed necessary by the Board, the applicant shall
furnish a traffic analysis of the impact of the additional traffic
to be generated by the proposed development on the adjacent ways and
intersections. The study shall be compiled in accordance with the
criteria of the American Association of State Highway and Transportation
Officials.
(21)
The applicant shall simultaneously apply for
a request for determination from the Conservation Commission for any
wetland impacts resulting from the subdivision and present this information
as part of the preliminary plan process.
(22)
To facilitate review of the preliminary plan
by the appropriate authorities at the time of filing of the preliminary
plan, the applicant shall stake the center line and approximate limits
of grading on both sides of all proposed streets on fifty-foot center
line stations. Cut or fill dimensions to road profile grade shall
be marked on the stakes.
C.
Approval of a preliminary plan. The Board may, at
the Board's option, hold an informal hearing of which abuttors are
given notice in order to solicit comment during the preliminary plan
stage. The Board may give such preliminary plan approval, with or
without modification or suggestion, after the Board's review, and
at the Board's option, review with the Board of Health, the Conservation
Commission, the Superintendent of Public Works, the Police Department,
Fire Department and other Town agencies. Such approval does not constitute
approval of the subdivision, but facilitates the preparation of the
definitive plan and securing approval thereof. Approval shall be effective
for seven months or until a definitive plan evolving from the preliminary
plan is filed, whichever comes first.
D.
Disapproval of a preliminary plan. In the event of
disapproval of a preliminary plan, the Board shall state the reasons
for its disapproval in accordance with MGL c. 41, § 81-U.
A.
Submission of a definitive plan. Any person who submits a definitive plan of a subdivision to the Board for approval shall file with the Board all items required in Subsections A and B of this section and the applicable filing fee (see § 300-7) for a definitive plan to be duly submitted in accordance with these rules and regulations and the General Laws of Massachusetts. Such submission shall be made to the Board at a designated regularly scheduled meeting of the Board.
(1)
Twelve contact prints of the definitive plan, dark
line on white background, each folded to a maximum of 8 1/2 inches
by 11 inches with the title side out, shall be filed with the Board.
(2)
Three copies of a properly executed Form C (Application
for Approval of a Definitive Plan), Form D-1 (Engineer's Certificate)
or Form D (Land Surveyor's Certificate), and Form E (Certified List
of Abuttors).[1] The applicant shall be responsible for obtaining a certified
list of abuttors from the Town Assessor's office and for notification
of all certified abutters regarding the proposed definitive plan.
Proof of notification shall be provided to the Board on or before
the date of public hearing.
[1]
Editor's Note: Forms C, D-1, D and E are included
at the end of these regulations.
(3)
The applicant shall also file by delivery or registered
mail a notice with the Town Clerk stating the date of submission to
the Board for such approval accompanied by two copies of the completed
Form C (Application for Approval of a Definitive Plan) receipted by
the Board.
(4)
The applicant shall also file a letter with the Planning
Board at the time of submission granting permission to the Planning
Board to enter the property for necessary on-site walks and visits.
(5)
The definitive plan shall be prepared by a professional
engineer and a land surveyor registered in Massachusetts. All pages
shall be recordable and shall be clearly and legibly drawn in accordance
with the rules and regulations of the Registry of Deeds as amended
pertaining to plan size, material, lettering and related requirements.
In addition, it shall contain the following:
(a)
The classification and precision of surveys
shall conform to Class A or better of the most recent Land Court Manual
of Instruction, Commonwealth of Massachusetts. The plan shall contain
the latest Land Court certification requirements.
(b)
The plan shall be at a scale of one inch equals
40 feet or such other scale as the Board may accept to show details
clearly and adequately.
(c)
Sheet sizes shall be 24 inches by 36 inches
including a three-fourth-inch border.
B.
Contents. The definitive plan shall contain the following
information:
(1)
A title sheet containing the subdivision name, if
any, North arrow, legend, title "definitive plan," an index or key
of all pages and what information is to be found on each page of the
plan, a locus map at a scale of one inch equals 1,500 feet, showing
all existing town roads located within 4,500 feet of the site, both
within Boxford and within adjacent towns with town boundaries shown,
and a location plan at a scale of one inch to 400 feet depending on
the size of the subdivision. The location plan shall show the entire
subdivision layout, adjacent streets, if any, or streets within a
reasonable distance, sufficient to identify the location and the access
to the land.
(2)
Title block requirement. A title, appearing along
the entire right-hand edge of each sheet (see Figure 14[2]), showing the name of the subdivision, if any, in the
left-hand corner, the date, scale, the names, seals and signatures
and addresses of the engineer and surveyor who made the plan, the
name of the owner of record and the subdivider, the page number and
provisions for recording revision dates, including a written description
of each revision, and suitable space to record the action of the Board
and the signatures of all members of the Board, including, where appropriate,
the words "Deeds of Easements to be Recorded Herewith" or the words
"Covenants to be Recorded Herewith" and "Conditions of Approval to
be Recorded Herewith," at the same location on all pages.
[2]
Editor's Note: Figure 14 is included at the
end of these regulations.
(3)
North arrow, whether true, magnetic or grid and so
indicated, and the boundaries of the subdivision indicated by shading.
All bench marks set within the subdivision shall be shown, and the
reference (starting) bench mark shall be included.
(4)
Location and ownership of abutting property as it
appears on Form E (Certified List of Abuttors)[3] unless the applicant shall have more recent knowledge
of such abutters, so indicated, including all abutting land owned
by the applicant not presently being subdivided, and all other land
within 500 feet of the boundaries of the land shown in the subdivision.
[3]
Editor's Note: Form E is included at the end
of these regulations.
(5)
Major features of the land, such as existing waterways,
swamps and water bodies, natural drainagecourses, walls, fences, trails,
buildings, septic systems, wells, wooded areas, outcroppings and ditches
which exist on or near the site at the time of the survey. Where applicable,
aerial photographs may be required.
(6)
Lines of existing and proposed streets, ways, lots, lot numbers of each lot, the location on the frontage of the driveway accessing each lot sufficient to accommodate assignment of house numbers, easements and public areas within the subdivision. Each 1/100 of a mile along the center line of the dedication shall be marked. Letter designation of proposed streets shall be shown in pencil. In lieu of street names, a list of proposed street names, together with a listing with the street letter designation, shall be provided to the Board for review and/or tentative approval. (See § 300-12F.)
(7)
Sufficient data to determine the location, direction
and length of every street and way line, lot line and boundary line,
and to establish these lines on the ground. This shall include the
lengths and bearings of plan and boundary lines of all subdivision
lot lines, including lot frontage on the streets, of the radii, tangents
and central angles of all curves in lot lines and street lines. All
roadways shall have center line baselines complete with bearings,
distances, curve data and stations shown on both lot layout and construction
plans. Points of curvature and tangency shall also be shown. All angle
points, or intersections of tangents along the street lines, shall
be shown. Areas of lots with lot numbers and the area and totaled
frontage on public ways as set forth in MGL c. 41, § 81-L,
of adjoining land of the applicant not included in the subdivision
shall be shown. The engineer or surveyor shall have the mathematical
computations available to present to the Board for a matter of record.
It is recommended that traverse computations be placed on a separate
or subsequent sheet.
(8)
Location of all permanent monuments properly identified
as to whether existing or proposed.
(9)
Location, names and present widths of streets or private
ways bounding, approaching or within reasonable proximity of the subdivision,
showing both pavement widths and right-of-way widths.
(10)
The zoning classification of land shown on the
plan and the location of any zoning district boundaries that lie within
the locus of the plan. All parcels of land must show total acreage
of contiguous buildable area, a street number, anticipated location
of driveway curb cuts, a dotted line representation of the boundaries
of the calculated contiguous buildable area, conservancy contour lines
or boundary of wetland if there is no conservancy district involved,
a two-hundred-foot diameter circle at the house site and the total
perimeter of the lot and the area of the lot, together with the area
of a square lot of the same perimeter, expressed in the following
ratio:
|
Area of lot
|
=
|
________ %
| |
|
Area of square lot of same perimeter
|
|
All lots shown shall comply with the applicable
zoning district requirements for the proposed land utilization, and
any parcel which is not buildable under the current Zoning Bylaw shall
state "Not a buildable lot." No parcels which do not meet the requirements
of a buildable lot under the Zoning Bylaw[4] shall be created where they could otherwise be combined
with a buildable lot of the same owner.
|
(11)
Indication of all existing and proposed easements
and rights-of-way applying to the land and their purposes, whether
or not within the subdivision, and any decision on appeal or any variances
or special permits made by the Board of Appeals applicable to the
subdivision of the land or any buildings thereon.
(12)
If the property that comprises the subdivision
or any part or boundary thereof has been examined, approved and confirmed
by the Massachusetts Land Court, such information shall be noted on
the plan with case numbers and other pertinent references to Land
Court procedure, and the same requirement shall apply to any adjoining
parcels of land of the applicant.
(13)
Existing profiles of the exterior grade at the
edge of the shoulder and center line, assuming a pavement, centered
on the dedication, drawn in fine black line (dot dash for left, dot
dot dash for right side and dash for center line); and proposed profile
on the finished center line drawn in fine black solid line at a horizontal
scale of one inch equals 40 feet and vertical scale of one inch equals
four feet, or such other scales acceptable to the Board. At least
two bench marks are to be shown on the profile sheets along with grade
elevations at every fifty-foot station except in vertical curves which
shall be at every twenty-five-foot station. Bench marks shall be 50
feet to 100 feet from the right-of-way and shall be set approximately
every 500 feet. The starting or reference bench mark shall also be
shown. All existing and proposed intersections and sidewalks, bikeways
and walkways shall be shown with all proposed grade elevations calculated.
Elevations shall be referred to the Town Datum (National Geodetic
Vertical Datum of 1929). Gradients shall be shown by figures expressed
in percent.
(14)
Existing and proposed topography with two-foot contour intervals and the one-hundred-year flood elevation calculated according to 310 CMR 10.57. All bench marks shall be noted, as well as items required in § 300-11D. Conservancy Districts shall be shown in accordance with the latest Town Zoning Map. All flood hazard zones shall be shown in accordance with the latest HUD publication. The topography shall include a sufficient length of the land along existing streets to determine sight distances at proposed new street intersections, drainage runoff and utility locations.
(15)
Whenever possible, for the purpose of clarity,
the utility plan should be on a separate page. Size and location of
existing and proposed water supply mains and their appurtenances,
hydrants or water supply sources for fire-fighting purposes, sewer
pipes and their appurtenances, and/or sewage disposal systems, storm
drains and their appurtenances, and easements pertinent thereto, and
curbs and curb dimensions, including data on borings and soil test
pits, and method of carrying water to the nearest watercourse or easements
for drainage as needed, whether or not within the subdivision. If
surface water drains will discharge onto adjacent existing street
rights-of-way or onto adjacent properties not owned by the applicant,
the applicant shall clearly indicate what course the discharge will
take and shall present to the Board, and to the owner of adjacent
property, evidence from an engineer that such discharge is satisfactory
and permitted by public or private ownership of adjacent street or
property.
(16)
Drainage calculations shall be submitted in
a suitable form along with amplifying plans outlining drainage areas
within and affecting the subdivision. A comparison of pre- and post-development
stormwater runoff shall be contained in the calculations for peak
rates of runoff. A plan shall also be submitted showing the route
followed by all drainage discharging from the subdivision to the primary
receiving watercourse or other large body of water. Drainage design
shall be based on the rational formula (Q=CIA). The runoff coefficient
"C" shall be determined from the proposed use of land within the watershed
with a minimum value of 0.30 to be used. The rainfall intensity shall
be determined from the times of concentration and the Yarnell curves.
A minimum ten-year storm frequency shall be used for street drainage,
a minimum twenty-five-year storm frequency for cross culverts, and
a one-hundred-year storm frequency for retention/detention facilities.
The minimum time of concentration for street drainage shall be 10
minutes and for cross culverts shall be 10 minutes.
(17)
Location and species of all proposed street trees and location of all isolated existing trees (located outside of wooded areas) with trunks over 12 inches in diameter measured four feet above the finished ground level within the road dedication as provided in § 300-15.
(18)
Typical cross sections of each street, roadway,
drainage ditch and sidewalk to be constructed.
(19)
An environmental impact statement shall be submitted
in accordance with Schedule A.[5] The document shall be filed with sufficient information
to provide a basis for general conclusions about the effect on the
environment and the community of the proposed plan compared to any
other alternatives permitted under the Zoning Bylaw. In addition,
it shall include a statement in writing concerning the status of the
proposed project in relationship to the removal, fill or dredge of
any bank, flat marsh, meadow or swamp bordering on any inland water
(Wetlands Protection Act, MGL c.a 131, § 40).
[5]
Editor's Note: Schedule A is included at the
end of these regulations.
(21)
Traffic memorandum.
(a)
For all subdivisions, the applicant shall be
required to submit a technical memorandum prepared by a qualified
traffic engineer to provide the following existing street information
at proposed new street intersections:
(b)
In addition, for all subdivisions over 25 lots,
or where otherwise deemed necessary by the Board, the applicant shall
furnish a traffic analysis of the impact of the additional traffic
to be generated by the proposed development on the adjacent ways and
intersections. The study shall be compiled in accordance with the
criteria of the American Association of State Highway and Transportation
Officials.
(22)
The applicant shall simultaneously apply for
a request for determination or notice of intent and receive a determination
or order of conditions from the Conservation Commission for any wetland
impacts resulting from the subdivision and present this information
as part of the definitive plan process.[6]
(23)
Stump burial pits are prohibited within a subdivision.
(24)
The full extent of cuts and fills necessary
to construct the roadway, its shoulders and ditches, and drainage
structures, shall be shown on the plan as dashed lines.
(25)
A list of requested waivers from the requirements
of the rules and regulations, if any, shall be submitted with explanation,
by the applicant, with the definitive plan, for Board review and consideration.
C.
Staking.
(1)
To facilitate review of the definitive plan by the
appropriate authorities, at the time of filing of the definitive plan,
the applicant shall stake the center line and approximate limits of
grading of all proposed streets on fifty-foot center line stations.
Cut or fill dimensions to finished grade profile shall be marked on
the stakes. The developer shall also stake the center line of all
trails at a minimum of every 100 feet.
(2)
If the road was staked in connection with a preliminary
plan submittal, the stake out shall be updated to include any alignment
or grade changes made.
D.
Street soil survey and permeability tests.
(1)
The applicant shall provide soils information from
test pits and/or borings at proposed fire protection water tank locations
and determine soil strength and groundwater depth. The applicant shall
prepare calculations and details to show the proposed tank will be
adequately supported and protected from settling when full and from
floating when empty.
(2)
The applicant shall also provide soils information
from test pits or borings for all other underground structures. The
applicant shall establish the suitability of the soil for the proposed
storm drainage system and proposed street construction.
(3)
Depending on conditions, the Board or its agent may
require test pits, borings or soundings to be taken along the center
line of each street shown on the plan at intervals of at least every
200 feet and at other locations and areas of questionable foundation
material where the subsurface conditions may, in the opinion of the
Board or its agent, affect the quality and service life of the street
or the stability of the graded shoulder. Test pits must be observed
by the Board or its agent and a registered professional engineer.
Where borings are used, samples shall be taken at five-foot vertical
depth intervals and at each change in strata. Soundings shall be taken
in areas of unsuitable material for the purpose of determining the
hard bottom contours. Test pits and borings, where required, shall
extend to a minimum depth of five feet below the street profile grade
or to bedrock, whichever is less. The applicant shall indicate a proposed
layout of the subsurface exploration program on the plan complete
with location, spacing and type of exploration proposed.
(4)
Street soil surveys and permeability tests, when required
by the Board or its agent, shall include a test excavation not less
than seven feet below finished grade at a frequency of one per lot,
location of which must be shown on the contour plan, and a report
thereon. Permeability tests shall be conducted in the same manner
as percolation tests outlined in Title 5 of the Commonwealth of Massachusetts
State Environmental Code.
(5)
All information concerning the test pits, borings
or soundings (location by station number, depth, soil strata, depth
of water table) shall be submitted to the Board in a written report
to be made, evaluated, stamped and signed by a registered professional
engineer. (Note: "glacial till" is not considered an adequate soil
description.)
E.
Procedure.
(1)
Every proposed lot in a subdivision shall be tested
in accordance with the provisions of Title 5 of the Massachusetts
State Environmental Code, in the presence of a representative of the
Board of Health, prior to the time of filing of a definitive plan.
At the time of filing of the definitive plan, the applicant shall
also file with the Board of Health and the Board two contact prints
of the definitive plan, dark line on white background, indicating
the location of test holes, soil logs, groundwater elevations, the
results of percolation tests performed and location of proposed borrow
pit areas. Every lot proposed within the subdivision shall include
at least one test hole tested as prescribed above which will indicate
a site meeting the requirements of Title 5 of the Massachusetts State
Environmental Code for construction of a subsurface sewage disposal
system. The Board of Health shall, within 45 days after filing of
the plan, report to the Board in writing its approval or disapproval
of said plan, and it shall make specific findings as to which, if
any, of the lots shown on such plan cannot be used for building sites
without injury to the public health, and include such specific findings
and the reasons therefor in such report, and where possible, shall
make recommendations for the adjustment thereof. The Board of Health
shall send a copy of such report, if any, to the person who submitted
said plan.
(2)
Transmittal of copies.
(b)
Before a definitive plan is approved, the Board
will request written statements from the above officials with regard
to the proposed improvements in the following respect:
[1]
Conservation Commission as to potential involvement
with MGL c. 131, § 40, and the effects of the subdivision
on streams, wildlife and similar considerations within the scope of
the Conservation Commission.
[2]
The Superintendent of Public Works as to the
design of the street system, location of easements, monuments, drainage
system, water system and, if applicable, a sewage system and their
appurtenances, and relationship to existing water and drainage systems.
[3]
The Fire Department as to location of hydrants
or water sources for fire-fighting purposes, installation of the alarm
system (if applicable) and emergency access.
[4]
Police Department as to street safety, both
vehicular and pedestrian, and access for emergency vehicles.
[6]
Assessors for information on any possible lot
line conflicts and for proper recording of known easements and/or
encumbrances on the land.
(3)
Legal notice requirements. Before taking any action
to approve, modify and approve or disapprove a definitive plan, the
Board shall hold a public hearing at which parties interested shall
have an opportunity to be heard, in person or by agent or attorney.
Notice of the time and place of such hearing and of the subject matter,
sufficient for identification, shall be published in a newspaper of
general circulation in the Town of Boxford once in each of two successive
weeks, the first publication to be not less than 14 days before the
date of the hearing and the second to be not less than seven days
before the date of the hearing and by mailing a copy of such advertisement
to the applicant. The applicant shall mail by certified mail copies
of such advertisement to all owners of land abutting the proposed
subdivision, and all owners of land within 500 feet of the property
line of the proposed subdivision shown on the plan as shown on the
most recent tax list, and submit proof of such mailing to the Board
prior to the hearing. Mailing shall be posted no less than 10 days
prior to the scheduled hearing. Failure to provide proof shall constitute
cause to cancel the hearing.
(4)
Approval, disapproval or modification of definitive
plan.
(a)
The procedure that the Board will follow with
regard to approval, disapproval or modification of the definitive
plan submitted by the applicant will be that as set forth in MGL c.
41, § 81-U, as amended. In summary, the Board, after receiving
the plan and profiles, will review the same to determine whether they
are in compliance with its adopted rules and regulations.
(b)
The Board, in studying a proposed subdivision
plan, will take into consideration the requirements of the town and
the best use of the land being subdivided. Particular attention will
be given to width, safety, arrangement and location of streets, sanitation,
drainage, lot sizes and arrangement of lots, open spaces, trails,
parks and other scenic and recreational resources. Adequate street
connections will be required to ensure free and safe access to adjoining
subdivisions and lands. Easements for future construction of roadways
must be provided and shall be conveyed to the Town of Boxford prior
to the endorsement of the subdivision plans. Where the street system
within a subdivision does not connect with or have, in the opinion
of the Board, adequate access from a town, county or state (public)
way, the Board may require, as a condition of approval of a plan,
that such adequate access be provided by the developer, and/or that
the developer make physical improvements to and within such a way
of access from the boundary of the subdivision to a town, county or
state way which does provide such adequate access. Where the physical
condition, contours, topography or width of a public way from which
a subdivision has its access is considered by the Board to be inadequate
to carry the traffic expected to be generated by such subdivision,
the Board may require the subdivider to acquire and/or dedicate a
strip of land for the purpose of widening the abutting or connecting
public ways to a width at least commensurate with that required within
the subdivision, and to make physical improvements to and within such
public way to the same standards required within the subdivision.
Any such dedication of land for the purpose of creating an adequate
width of way and any such work performed within such public way shall
be made only with permission of the governmental body having jurisdiction
over such way, and all costs of any such acquisition, widening or
construction shall be borne by the applicant.
(c)
If in the opinion of the Board additional information
or modification of the plan is required, such information or modification
shall be submitted to the Board or its agent at least 48 hours in
advance of the next regularly scheduled meeting.
(d)
Before approval of the definitive plan, the
Board will submit the plan to an independent engineering service for
review at the applicant's expense. Prior to the initiation of this
review, an itemized budget estimate will be established and paid in
advance by the applicant to a Planning Board escrow account. Failure
to establish this escrow account will constitute grounds for denial
of the definitive plan. After this review, the Board shall establish
that the street pattern is safe and convenient, that proper provision
is made for street extension and that all other purposes of the General
Law are met. The Board may, as a condition of approval, impose reasonable
requirements designed to promote the health, convenience, safety and
general welfare of the community and to benefit the town. In such
event, the Board shall endorse such conditions on the plan to which
they relate, or set forth a separate instrument attached thereto,
to which reference is made on such plan and which shall for the purpose
of the Subdivision Control Law be deemed to be part of the plan.
F.
Performance guaranty. Before endorsement of the Board's approval of any definitive subdivision plan, the applicant shall agree to complete (except in the case of any portion of the subdivision for which a surety company performance bond or a performance bond secured by a deposit of money or negotiable securities shall have been filed pursuant to Subsection F(1) below the required improvements for the subdivision, specified in Article V, within three years of the date of such approval; to complete the required improvements for any portion of the subdivision, for which a surety company performance bond or a performance bond secured by a deposit of money or negotiable securities shall have been filed pursuant to Subsection F(1) below, within two years of the date of the performance bond or within three years of the date of the Board's approval of the definitive plan, whichever date shall occur the earlier; and that no structure will be occupied until at least the basic course of the bituminous concrete, as specified in Article V, has been applied to the streets which serve those structures. Such construction and installation shall be secured by one, or in part by one and in part by the other, of the following methods which may from time to time be varied by the applicant with the written consent of the Board.
(1)
Bonding schedule.
(a)
Before endorsement of the Board's approval of
any definitive subdivision plan, the applicant shall create a bonding
schedule (see Form G-3)[8] to be reviewed and approved by the Town Superintendent
of Public Works, and Planning Board agent and submitted to the Board
for approval. The applicant shall file Forms G-1 and G-2[9] along with either a duly executed surety company performance bond, a duly executed performance bond secured by a deposit of money or negotiable securities, a tripartite agreement or letter of credit, in such form as the Board requires, in an amount determined by the Board to be sufficient to cover the cost not covered by a covenant under Subsection F(2) hereof. Such surety company performance bond, performance bond secured by a deposit of money or negotiable securities, tripartite agreement or letter of credit shall be approved as to form, manner of execution and, in the case of a surety company performance bond, as to the surety by Town Counsel and in the case of a performance bond secured by negotiable securities, as to the negotiable securities by the Town Treasurer; and shall be conditioned on the completion of such improvements within two years of the date of the performance bond.
(b)
Twenty percent of the amount of said surety
company performance bond, performance bond secured by a deposit of
money or negotiable securities, tripartite agreement or letter of
credit shall be retained for one year following completion of the
subdivision or until the town accepts the road, whichever occurs later.
Guidelines for subdivision road bond releases are on file at the Planning
Board office.
(c)
Applicants shall utilize the current Commonwealth
of Massachusetts "Weighted Average Bid Prices Statewide and by Districts
from Highway and Bridge Projects" for bond preparation or as otherwise
directed by the Board.
(2)
The applicant shall file a duly executed covenant
on Form F[10] or on such other form of covenant as the Board requires,
which provides that no lot may be built upon or sold until the ways
and municipal services necessary to serve adequately such lot have
been constructed and installed. Such covenant shall be approved as
to form and manner of execution by Town Counsel and shall be recorded
in the Registry of Deeds by the owner of record and shall run with
the land.
[10]
Editor's Note: Form F is included at the end
of these regulations.
G.
Approval or disapproval. The action of the Board with
respect to such plan shall be by vote, copies of which shall be filed
with the Town Clerk and sent to the applicant. If the Board modifies
or disapproves such a plan, it shall state in its vote the reasons
for its action and shall rescind such disapproval when the plan has
been amended to conform to the rules and regulations of the Board,
and to the recommendations of the Board of Health. Final approval,
if granted, shall be endorsed on the original drawing of the definitive
plan by the signatures of a majority of the Board but not until the
statutory twenty-day appeal period has elapsed following the filing
of the Board's certificate of approval or disapproval, as the case
may be (see Forms C-1 and C-2[11]), with the Town Clerk and said Clerk has notified the
Board that no appeal has been filed. If appeal has been made, said
endorsement shall be made after the entry of a final decree of the
court sustaining the approval of such plan. Final approval shall be
subject to the construction specifications contained herein, receipt
of the estimated fees for construction inspection services described
below and to the rules and regulations of all town boards. After the
definitive plan has been approved and endorsed, the Board shall return
the original to the applicant. The Board may extend the period permitted
by statute between submission of a definitive plan and action thereon
upon written request of the applicant. Approval of the definitive
plan does not constitute the acceptance by the town of streets shown
on the plan.
(1)
If the ways in any subdivision are not completed and
the utilities aforesaid are not installed within the time so agreed
to by the applicant, or so required by the Board, any such bond may
be enforced and any such deposit may be applied by the Board for the
benefit of the town. Ways or portions thereof not completed within
the time required shall thereafter be completed in accordance with
the design and construction standards of the Board in effect upon
the expiration of such time, unless an extension of time is granted.
(2)
The endorsement of the plan approval by the Board
shall be valid for a period of three years from the date of filing
by the Board of the approval with Town Clerk. Prior to the expiration
of the three-year approval period, the developer and/or owner shall
request in writing to the Board an extension of time, if necessary.
Failure to request an extension of time prior to the expiration of
the three-year approval period shall result in the Board's notifying
the Inspector of Buildings that no additional building permits shall
be issued in said development. The request for an extension shall
state their reasons for the requested extension and also the length
of time requested. The first extensions shall not exceed two years.
Additional extensions after the first may be applied for only under
extraordinary circumstances but shall not exceed one year.
[11]
Editor's Note: Forms C-1 and C-2 are included
at the end of these regulations.
H.
Recording. The applicant shall file all pages of the
approved definitive plan, profile, topography and covenant, if any,
at the Registry of Deeds, and shall notify the Board in writing presenting
evidence of the recording of the plan and the covenant and easements,
if any, as required by the Board's approval, within 45 days of the
endorsement of the plan. The applicant shall deliver to the Board
three copies of the approved and recorded definitive plan and a copy
of an affidavit filed by the owner stating that the title to the premises
shown on said plan and appurtenances thereto are in the name of the
applicant and are free of all encumbrances or with encumbrances as
set forth, before any building permits in the subdivision may be issued.
I.
Conveyance of utilities and easements to the town.
Prior to the release by the Board of any form of performance guaranty,
or in the case of a covenant, the issuance of a release form, the
applicant shall execute an instrument, on a form approved by the Board,
(see Form H) transferring to the town, without cost, valid unencumbered
title to all storm drains and water mains, and appurtenances thereto,
constructed and installed in the subdivision or portion thereof to
be approved, and conveying to the town without cost and free of all
liens and encumbrances, perpetual rights to construct, inspect, repair,
renew, replace, operate and forever maintain the aforesaid.
J.
Reduction or release of performance guaranty.
(1)
The penal sum of any such bond or the amount of any deposit held under Subsection F(1)(a) above may from time to time be reduced by the Board and the obligations of the parties thereto released by said Board in whole or in part. If release is by reason of covenant, a new plan of the portion to be subject to the covenant may be required by the Board. The fire tank/pond shall be installed prior to release of any deposit/reduction in bond associated with subbase work [§ 300-24A(5)]. No release of any deposit/reduction in bond associated with fire tank/pond will be made until the fire tank/pond has been tested and approved by the Planning Board or its agent and the Boxford Fire Department.
(2)
Upon completion of improvements required under Article V, security for the performance of which was given by bond, tripartite agreement, letter of credit, deposit or covenant, or upon the performance of any covenant with respect to any lot, the developer or owner, at his expense, will cause to be published in a newspaper of general circulation in the Town of Boxford, at least seven days prior to the releasing of the performance bond or surety, an announcement that such release is contemplated. He shall also send by registered mail to the Town Clerk and the Board a written statement that the said construction or installation in connection with which such performance guaranty has been secured has been completed in accordance with the requirements contained under Article V, such statement to contain:
(a)
Name and address of the applicant.
(c)
Copies of or reference to the requisite number
of inspection forms and reports.
(d)
Written evidence from the Town Superintendent
of Public Works as to construction of all ways and sidewalks, installation
of monuments, street signs, pavement, lighting, gutters and curbs,
required grading and drainage, adequate lot drainage, planting and
seeding all in accordance with the definitive plan.
(e)
Written evidence from the Board's agent as to
installation of all electric power, poles, underground wiring, streetlighting
and appurtenances, all in accordance with the definitive plan.
(f)
Written evidence from the Fire Department as
to the installation of the fire alarm system or required water sources
for fire-fighting purposes, all in accordance with the definitive
plan.
(g)
The applicant shall submit recorded as-built
plans which shall include the following:
[1]
Actual bound locations.
[2]
Profile of center line.
[3]
Bench marks used.
[4]
Actual location of all utilities, including
inverts of all drains and culverts.
[5]
The revised road pavement center line alignment
shall be calculated, staked out and shown on the as-built plans.
[6]
Any other changes authorized by the Boxford
Board.
[7]
Certification of accuracy to Land Court standards.
[8]
Subdivision lot lines.
(3)
If the Board determines that said construction, installation or filing of as-built plans has not been completed, it shall specify to the Town Clerk and to the developer, in writing, by registered mail, the details wherein said construction and installation shall have failed to comply with requirements contained under Article V. Upon failure of the Board to act on such application within 45 days after the receipt of the application by the Town Clerk and the Board, all obligations under the bond shall cease and terminate by operation of law, and any deposit shall be returned and any such covenant shall become void. In the event that said forty-five-day period expires without such specification, or without the release and return of the deposit or release of the covenant as aforesaid, the Town Clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded.
(4)
If the Board determines that said construction, installation
or filing of as-built plans has been completed, it shall within 45
days release the interest of the town in such performance guaranty
and return the same to the person or persons who furnished same, or,
in the case of covenant, it shall issue a written release of the covenant
on a properly executed release form.
