APPLICANT — A person (as hereinafter defined) who applies for the approval of a plan of a subdivision or a person who applies under §
350-4. "Applicant" shall include an owner or his agent or representative or his assigns.
CERTIFIED BY
"Certified by" (or endorsed by) the Community Planning Commission, as applied to a plan or other instrument required or authorized by the Subdivision Control Law to be recorded, shall mean bearing a certification or endorsement signed by a majority of the members of the Community Planning Commission, or by its Chairman or Clerk or any other person authorized by it to certify or endorse its approval or other action and named in a written statement to the Register of Deeds and recorder of the Land Court signed by a majority of the Commission (Section 81-L of Chapter
41 of the General Laws).
[Amended 9-5-2000]
DEVELOPER
A person (as hereinafter defined) who develops a subdivision under a plan of a subdivision approved under Article
III of these rules and regulations.
GENERAL LAWS (abbreviated G.L.)
The General Laws of Massachusetts. In case of a rearrangement
of the General Laws, any citation of particular sections of the General
Laws shall be applicable to the corresponding sections in the new
codifications.
LOT
An area of land in one ownership, with definite boundaries
and used, or available for use, as the site of one or more buildings.
LOT FRONTAGE
The horizontal distance measured along the front lot line
between the points of intersection of the side lot lines with the
front lot line. Frontage for purposes of these rules and regulations
shall be only continuous frontage.
LOT LINE, FRONT
The property line dividing a lot from a street right-of-way.
LOT LINE, REAR
The lot line opposite from a front lot line and which does
not intersect a front lot line.
MUNICIPAL SERVICES
Sewers, water drains, water pipes, gas pipes, electrical
lines, telephone lines, communication lines and their respective appurtenances.
OWNER
As applied to real estate, the person holding the fee simple
title to a parcel, tract, or lot of land.
PERSON
An individual, or two or more individuals or a group or association
of individuals, a trust, a partnership or corporation, having common
or undivided interests in a tract of land.
PLAN or DEFINITIVE PLAN
The plan of a subdivision as submitted (with appropriate
application) to the Commission for approval, to be recorded in the
Registry of Deeds or filed with the Land Court when approved by the
Commission and such plan when approved and recorded; all as distinguished
from a preliminary plan.
PRELIMINARY PLAN
A plan of a proposed subdivision or resubdivision of land prepared in accord with Article
III to facilitate proper preparation of a definitive plan.
RECORDED
"Recorded" shall mean recorded in the Registry of Deeds of Middlesex County in which the land in question is situated, except that, as affecting registered land, it shall mean filed with the recorder of the Land Court (Section 81-L of Chapter
41 of the General Laws).
REGISTERED LAND SURVEYOR (RLS)
A person who is certified by the Massachusetts Board of Registration
as a registered land surveyor. All plans bearing the stamp of a registered
land surveyor shall have been prepared by him or in his office under
his immediate and responsible supervision. All plans, specifications,
plats and reports stamped with the seal of either a registered professional
engineer or a registered land surveyor shall be signed by the registrant
named thereon.
[Added 7-16-1984]
REGISTERED PROFESSIONAL ENGINEER (RPE)
A civil engineer whose discipline is normally and customarily
associated with subdivision development and who is certified by the
Massachusetts Board of Registration as a registered professional engineer.
All plans bearing the stamp of a registered professional engineer
shall have been prepared by him or in his office under his immediate
and responsible supervision.
[Added 7-16-1984]
REGISTRY OF DEEDS
"Registry of Deeds" shall mean the Registry of Deeds of Middlesex County in which the land in question is situated, and, when appropriate, shall include the Land Court (Section 81-L of Chapter
41 of the General Laws).
ROADWAY
That portion of a way which is designed and constructed for
vehicular travel.
STREET, PRINCIPAL
A street which, in the opinion of the Commission, is being
used or will be used as thoroughfare within the Town of North Reading
or which will otherwise carry a heavy volume of traffic.
STREET, SECONDARY
A street which, in the opinion of the Commission, is being
used or will be used primarily to provide access to abutting lots
and which will not be used for through traffic.
SUBDIVISION
A.
"Subdivision" shall mean the division of a tract
of land into two or more lots and shall include a 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 a frontage on (a) a public way, (b) a way shown on a plan theretofore
approved in accordance with the Subdivision Control Law, or (c) a
way in existence when the Subdivision Control Law became effective
in the town, having, in the opinion of the Community Planning Commission,
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 installation
of municipal services to serve such land and the buildings erected
or to be erected thereon. Such frontage shall be of at least such
distance as is then required by Zoning or other bylaw.
[Amended 3-31-1987]
B.
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 the 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 into separate lots on each of which one of such buildings remains standing, shall not constitute a subdivision (Section 81-L of Chapter
41 of the General Laws).
[Amended 9-5-2000]
SUBDIVISION CONTROL
The power of regulating the subdivision of land granted by the Subdivision Control Law, Chapter
41, Sections 81-K through 81-GG inclusive, as hereinafter amended.
SUBMITTED PLAN
A plan shall be officially submitted to the Community Planning
Commission as of the date said plan and forms necessary under these
rules and regulations are duly filed with the Clerk or Secretary of
the Commission at a regularly scheduled business meeting of the Commission
and the fact of such submission is entered in the minutes of the meeting.
Such plan shall nevertheless be considered duly submitted even though
not entered in the minutes of the meeting if otherwise properly submitted
and such failure of entry into the minutes is due to the inadvertence
or unwarranted refusal of the Clerk or Secretary to make such entry.
Such plan and forms may also be submitted by registered mail to the
Community Planning Commission, care of the Town Clerk. If so mailed,
the date of mailing shall be the date of submission of the plan.
TOWN
Town of North Reading, unless otherwise specified.
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 for sale of lots in a subdivision,
or the construction of ways, or preparation therefor or the installation
of utilities and municipal services thereof, unless and until a definitive
plan of such subdivision has been submitted and approved by the Community
Planning Commission as hereinafter provided.
In those cases in which the land shown on the
plan is abutted by land of an owner not the owner of the land as shown,
the Commission may require a statement from the person who prepared
the plan as to the source or sources of the information about the
location of boundaries. A separate form for such statement will be
furnished by the Commission (Form D, Designer's Certificate).
Not 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 lots in a subdivision, or elsewhere in the town,
without the consent of the Community Planning Commission. 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 vote from the clerk of the corporation shall
accompany submission of definitive subdivision plans certifying authorization
of individual(s) to act for the corporation.
A copy of the deed(s) of property shall accompany
submission of definitive subdivision plans.