[HISTORY: Adopted by the Planning Board of
the Town of Fairhaven 11-19-1970, as amended through 1-1-1994. Subsequent amendments noted where applicable.]
A.
Officers. The Planning Board shall elect a Chair,
Vice Chair, and Clerk annually at the first Board meeting following
Town elections. The Board shall at the same organizational meeting
elect a delegate to the Southeastern Regional Planning and Economic
Development District and select a representative to such other committees
or organizations as may call for Planning Board appointments.
[Amended 8-23-2011]
B.
Except in emergencies, persons wishing to meet with
the Planning Board shall make appointment to do so through the Chair
or the Board's agent no later than seven days prior to the meeting
informing of the subject matter to be presented. Said request shall
be in writing.
[Amended 8-23-2011]
C.
In procedural matters not covered by these rules or
by Town bylaw or statute, the Board shall be guided by Robert's Rules
of Order, as revised.
A.
The Planning Board will hold a public hearing on all
zoning amendments inserted in the warrant for a Town Meeting or on
any additional zoning amendments it may elect to hear. In order to
ensure that a public hearing and the Planning Board report required
by statute will be timeful, petitioned articles for zoning amendments
should be submitted to the Planning Board by the Board of Selectmen
not less 60 days prior to the date of the Town Meeting action.
B.
Petitioners for zoning amendments need not own or
have interests in the property affected.
C.
Requests for Zoning Map amendments shall be accompanied
by 10 prints of a plan to scale, clearly showing the proposed amendment
referenced for location on the Town Zoning Map and relevant district
and property bounds, structures and natural features. The request
shall also be accompanied by a written description of the proposed
change, suitable for legal advertisement, plus a check made out to
the Town of Fairhaven to cover the appropriate fees found in the fee
schedule.
[Amended 9-22-1998]
D.
Parties directly affected by a proposed zoning amendment
or Zoning Map change will be notified by card or letter of the date
of the public hearing.
E.
Petitioners have the responsibility of ensuring insertion
in the warrant by the Board of Selectmen.
A.
Original
Myler must meet Registry of Deeds and Land Court requirements.
[Amended 8-23-2011]
B.
The mylar,
six prints, two copies of application Form A[1] and required fee (See Chapter 306, Fees.) shall be filed with the Planning Board's agent. The date of the next regular Planning Board meeting thereafter shall be the date of submission.
[Amended 8-23-2011]
[1]
Editor’s Note: Said form is on file in the Town offices.
C.
A copy
of Form A shall be filed with the Town Clerk noting the date of submittal.
A.
Developer procedure. The following are the steps a
developer must follow in having a subdivision made:
(1)
To save costly alterations to expensive detailed plans a relatively undetailed preliminary plan should first be prepared and reviewed with the Planning Board, Board of Health, and Board of Public Works. (See § 322-13 of Chapter 322, Subdivision of Land). An engineer or surveyor will be best able to prepare this. The plan should include the items listed in § 322-13 of Chapter 322, Subdivision of Land, and be designed consistent with the standards in Part 7, Design Standards, of Chapter 322, Subdivision of Land. (For statute, see MGL c. 41, § 81S.)
[Amended 8-23-2011]
(2)
This preliminary plan should be submitted to the Planning
Board for approval. This means filing 10 sets of plans, the application
Form B[1] and required fee (See Chapter 306 Fees.) with the Planning Board's agent, a print of the plan with the Board of Health and a notice stating the date of submission and a copy of Form B with the Town Clerk (MGL c. 41, § 81S). The filing with the Town Clerk may be by delivery or by registered mail. The day of the next regular Planning Board meeting after filing with the Planning Board's agent will be the date of submission.
[Amended 8-23-2011]
[1]
Editor’s Note: Said form is on file in the Town offices.
(3)
The preliminary plan will be reviewed by the Planning
Board, Board of Health and Board of Public Works, and you can discuss
with them their suggestions for the definitive plan. The Planning
Board will take formal action on the plan and notify you of its action.
(See MGL c. 41, § 81S.)
(5)
When it is ready, the plan is submitted to the Planning
Board for approval. This means filing with the Planning Board's agent
the original Mylar, 10 prints of each, a copy of application Form
C,[2] and required fee (See Chapter 306, Fees.) to pay for the hearing notices and a list of all abutters taken from the latest tax lists. A copy of Form C must be filed by delivery or by registered mail with the Town Clerk. (See MGL c. 41, 81T.) One print of the plan is also to be filed with the Board of Health. (See MGL c. 41, § 81U.)
[Amended 8-23-2011]
[2]
Editor’s Note: Said form is on file in the Town offices.
(7)
Following the hearing, the Planning Board will act on the plan. (Section 322-14I of Chapter 322, Subdivision of Land, covers this.) The security is either a covenant agreement (See Form D.[3]) prohibiting building permits or the sale of any lots
until the improvements serving that lot are complete or a bond covering
the cost of improvements not yet made allowing the Town to use the
bond to complete improvements if the developer should fail to do so
or fail to do so quickly as agreed upon (MGL c. 41, § 81U.)
After it has security and after a twenty-day appeal period following
approval, the Planning Board will sign the plan. You must then give
them 10 prints of it (MGL c. 41, § 81V).
[Amended 8-23-2011]
[3]
Editor’s Note: Said form is on file in the Town offices.
(9)
When improvements are completed or completed for any
substantial part of the subdivision, you may request a release of
your security. (See Form E.[4]) Release is requested in writing by registered mail to
the Planning Board with a copy by registered mail to the Town Clerk
(MGL c. 41, § 81U).
[4]
Editor’s Note: Said form is on file in the Town offices.
(11)
Application review fees; special municipal account
pursuant to MGL c. 44, § 53G.
[Amended 8-23-2011]
(a)
When a Subdivision application (Form B) and preliminary plans are submitted to the Planning Board or, in the absence of preliminary plans, when a subdivision application (Form C) and definitive plans are submitted to the Planning Board, a review fee for the use of outside consultants will be required. (See Chapter 306, Fees.)
(b)
In hiring outside consultants, the Planning
Board may engage engineers, planners, lawyers, urban designers or
other appropriate professionals who can assist the Board in analyzing
a project to ensure compliance with all state laws and Town regulations.
(c)
Funds received by the Planning Board pursuant
to this section shall be deposited with the Fairhaven Treasurer who
shall establish a special account for the purpose. Expenditures from
this special account may be made at the direction of the Board without
further appropriation. Expenditures from this special account shall
be made only in connection with the review of a subdivision application
for which a review fee has been collected from the applicant. Failure
of an applicant to pay a review fee shall be grounds for denial of
the subdivision application by the Planning Board.
(d)
Review fees may only be spent by the Planning
Board for services rendered in connection with the subdivision project
from which they were collected. Accrued interest may also be spent
for this purpose. At the completion of the Board's review of a project,
any excess amount in the account, attributable to a subdivision application,
shall be repaid to the applicant or the applicant's successor in interest.
A final report of said account shall be made available to the applicant's
successor in interest. For the purpose of regulation, any person or
entity claiming to be an applicant's successor in interest shall provide
the Board with documentation establishing such succession in interest.
(e)
Any applicant may take an administrative appeal
to the Board of Selectmen concerning the Planning Board's selection
of an outside consultant. The grounds for such an appeal shall be
limited to claims that the consultant selected has a conflict of interest
or does not possess the minimum required qualifications. The minimum
qualifications shall consist either of an educational degree in or
related to the field at issue or three or more years of practice in
the field at issue or a related field. The required time limit for
action upon the application by the Planning Board shall be extended
by the duration of the administrative appeal. In the event that no
decision is made by the Board of Selectmen within one month following
the filing of the appeal, the selection made by the Planning Board
shall stand.
B.
Planning Board procedure. The following are the steps
the Planning Board must follow in dealing with a subdivision:
(1)
When a preliminary plan is submitted, it must be carefully reviewed for completeness (§ 322-13 of Chapter 322, Subdivision of Land) and conformity with your standards (Part 7, Design Standards, Chapter 322, Subdivision of Land). It is a good idea at this stage to discuss the plan with the Board of Public Works and any others who will get involved.
[Amended 8-23-2011]
(2)
Within 45 days of submission you must notify both
the applicant and the Town Clerk by certified mail of action on the
plan. (MGL c. 41, § 81S)
(3)
Upon receipt of a definitive plan, the Planning Board must set up a public hearing (§ 322-14 of Chapter 322, Subdivision of Land). The Planning Board shall determine the date and advertise the notice of hearing in each of two weeks, the first at least 14 days prior to the hearing. The Planning Board will mail a copy of the advertisement, certified mail, to the applicant and to each abutter within 300 feet (See § 322-4 of Chapter 322, Part 2, Definitions.), as taken from the most recent tax list. (MGL c. 41, § 81T)
[Amended 8-23-2011]
(4)
Upon receipt of a complete application, the Planning
Board or Planning Board's agent will distribute plans to the Board
of Health, Board of Public Works, Fire Department, Police Department,
Building Department, Conservation Agent, Board of Assessors and any
other interested group.
[Amended 8-23-2011]
(5)
Following the hearing, the Board must act on the plan then notify the applicant of your action by registered mail and file a copy of your action with the Town Clerk (§ 322-14I(1) of Chapter 322, Subdivision of Land). The definitive plan is approved by default if not acted on by the Planning Board within 135 days of submission where no preliminary plan was submitted or within 90 days of submission where a preliminary plan was acted on by the Planning Board (MGL c. 41, § 81U).
[Amended 8-23-2011]
(6)
Before signing the plan, you must wait the twenty-day
appeal period and receive security from the developer. If security
is a bond, the Town Counsel and Town Treasurer should check it. (The
amount should be agreed upon by the Board of Public Works.) If security
is a covenant, the Town Counsel should approve its form. (MGL c. 41,
§ 81V)
(7)
When the developer requests release of the security
you must act within 45 days of his/her request, or it is automatically
granted. The work done should be carefully inspected before action.
If you approve the release, you send the applicant a notice suitable
for recording, signed by a majority of the Board, to that effect.
If you disapprove the release, you must notify both the applicant
and the Town Clerk by registered mail. (MGL c. 41, § 81U)
[Amended 8-23-2011]
A.
The following is the procedure for street acceptance of an existing
private way.
(1)
A petition to the Board of Selectmen requesting that a particular
street be accepted as a "Town street." Each street shall have its
own petition, and each petition shall be signed by at least 10 residents
of the Town of Fairhaven for an Annual Town Meeting and 100 residents
of the Town of Fairhaven for a Special Town Meeting.
(2)
Street layout plans and legal descriptions prepared by a registered
land surveyor meeting all Registry of Deeds recording requirements
must be submitted to the Selectmen.
(3)
A public hearing will be called by the Selectmen with notice to all
abutters. Petitioners prior to that hearing shall have obtained necessary
documentation concerning release of fee in the street, and shall have
obtained reports from the Board of Public Works and Planning Board
relative to the condition of road and their respective recommendations
for acceptance.
(4)
In recommending acceptance or not, the Planning Board will be guided
by whether ways created subsequent to February 24, 1966, meet the
current subdivision regulations requirements regarding design and
construction; whether ways created between March 18, 1926, and February
24, 1966, meet subdivisions then in effect, requiring a forty-foot
width; and whether ways created prior to March 18, 1926, are 40 feet
in width and meet current Board of Public Works requirements of adequacy.
B.
The following is the procedure for street acceptance of roads approved
through Subdivision Control Law.[1]
(1)
A petition to the Board of Selectmen requesting that a particular
street be accepted as a "Town street." Each street shall have its
own petition, and each petition shall be signed by at least 10 residents
of the Town of Fairhaven for an Annual Town Meeting and 100 residents
of the Town of Fairhaven for a Special Town Meeting.
(2)
The Board of Selectmen will then forward the request to the Planning
Board and Board of Public Works for review and comment to determine
if the street(s) was constructed in compliance with all approvals.
(3)
When the review has been completed and all subdivision approvals
have been met, the Board of Selectmen will then advertise a hearing
and notify all abutters within the subdivision, at the applicant's
expense, of the proposed street acceptance.
(4)
If the Board of Selectmen vote to approve the request, a warrant
article will he submitted for Town Meeting.
(5)
If Town Meeting votes to accept the street(s), the Town will then
record the necessary plans and documents with the Registry of Deeds.
All recording fees shall be the responsibility of the applicant.
(6)
The following plans and information will be required to be submitted
for Planning Board and Board of Public Works review and approval:
(a)
A title search showing that the property is free of all liens
and encumbrances.
(b)
Plans and documents which shall include the following:
[1]
One set of originals and 10 sets of prints.
[2]
Plan(s) to be prepared by a registered land surveyor.
[3]
Size shall be 24 inches by 36 inches.
[4]
Rules of Registry of Deeds to be followed (borders, size lettering,
scale, reserved boxes, etc.).
[5]
Only one proposed street to be shown per sheet.
[6]
Match lines to be used if a street is to be shown on more than
one sheet.
[7]
Title block to be: "THE COMMONWEALTH OF MASSACHUSETTS STREET
ACCEPTANCE PLAN OF _____ PREPARED FOR THE TOWN OF FAIRHAVEN, BRISTOL
COUNTY."
[8]
Date plan was prepared.
[9]
Reserve spaces for:
[a]
Town Clerk's endorsements: "(Name of Street) accepted by vote of Town Meeting; passed (date), attest: _________, Town Clerk."
[b]
Statement that: "(Name of Street) is
part of the (name) Subdivision approved by
the Fairhaven Planning Board, tiled with the Town Clerk, (date) and recorded at the Bristol County S. D. Registry
of Deeds (book and page)."
[c]
Planning Board's endorsement block with eight signature
lines and a date line.
[d]
Board of Selectmen's endorsement block with three signature
lines and a date line.
[10]
Street line to be shown in metes and bounds. Tie courses so
that street can he mathematically closed. Chord bearings and distances
for all curves to be shown.
[11]
Street to be tied to Massachusetts State Plane Coordinate System.
Every plan shall have at least four survey-quality points on each
sheet tied into the Massachusetts State Plane Coordinate System (NAD
1983 datum), using said published control points or the global positioning
system. The plan shall note the coordinates of the four tie-in points,
the datum, and the source and location of monuments used for data.
[a]
All street line monuments to be shown and identified
and their exact coordinates shown, in accordance with the requirements
in the above subsection.
[b]
At least 100 feet of lot property lines shown with
metes and bounds.
[c]
Ownership of lots (including Registry Book and
page) at the time the subdivision was approved by the Planning Board.
[d]
Land court case numbers, whenever appropriate,
must appear on plans.
[e]
Full legal document (including complete descriptions)
suitable for recording at the Registry of Deeds, deeding each proposed
street to the Town of Fairhaven.
[f]
Necessary prints, forms and fee for approval-not-required
endorsement.
[g]
All plans must be accompanied by a CD-ROM or DVD
containing geographic data in accordance with the Standard for Digital
Plan Submittals to Municipalities (Version 1.0) issued by the Office
of Geographic and Environmental Information (MassGIS).
(7)
As-built plans of all roads and utilities within the subdivision
must he submitted and approved by the Board of Public Works before
a street can be accepted.
[1]
Editor's Note: See MGL c. 41, § 81K et seq.
B.
Persons or departments requesting such review should
submit two copies of a plan of the site drawn to scale, showing proposed
structures, parking, landscaping, drainage and the ground floor plan
elevations of all proposed buildings and utilities.
C.
Persons or departments making submissions for review
are urged to appear at a Planning Board meeting at the time of submission
to explain their proposal.
C.
The Board will schedule a public hearing at the earliest
possible date, but no later than 65 days after filing the application
depending on the availability of needed information and response from
other interested boards and agencies and publication time as required
by MGL c. 40A, § 11.
E.
Notice of public hearing shall be:
(1)
Published in the newspaper of general circulation
in the Town once in each of two successive weeks. The first publication
may not be less than 14 days before the day of the hearing.
(2)
Posted in a conspicuous place in the Town Hall for
a period of not less than 14 days before the day of the hearing.
(3)
Mailed, certified return receipt to parties in interest
which shall include the applicant, abutters, owners of land directly
opposite on any public or private street or way, the owners of the
land within 300 feet of the property line, Planning Board of every
abutting city or town. (The Assessors shall certify the names and
addresses of parties in interest.)
[Amended 8-23-2011]
(4)
Mailed to other individuals, boards or agencies as
deemed advisable by this Board.
F.
If this Board has requested a review of special permit
application by other boards or agencies, they shall make recommendations,
if so desired, and send them to the special permit granting authority
within 35 days after they receive the application. Failure of a board
to report within 35 days shall be deemed no opposition.
G.
Within 90 days following the date of the public hearing
the SPGA shall take final action. If the Board fails to take final
action within the ninety-day time limit, the special permit shall
be deemed granted. NOTE: The issuance of a special permit requires
a two-thirds vote of the Board with more than five members, a vote
of a least four members of the five-member Board and a unanimous vote
of a three-member Board.
H.
Before granting a special permit, this Board shall find that the proposed use or activity is in compliance with all provisions and requirements of Chapter 198, Zoning, and in harmony with the general purpose and intent, and shall include a plan of all landscaping details, and shall be signed by a landscape architect when a site plan exceeds the twenty-parking-space requirement, to be in compliance with Chapter 198, Zoning, and the Board requirement. (See § 198-8 of Chapter 198, Zoning.)
[Amended 8-23-2011]
I.
Special permits may be issued subject to such conditions, safeguards or other limitations on time or use as the Board may impose for the protection of the neighboring uses or otherwise serving the purpose of Chapter 198, Zoning. Such conditions, safeguards and limitations shall be imposed in writing.
K.
Upon granting a special permit, this Board shall:
(1)
File a copy of the decision with the record of its
proceedings and plans, if any, with the Planning Board and the Town
Clerk;
(2)
Mail a certified copy of the decision to the owner
and to the applicant if other than the owner; and
(3)
Send a notice of the decision to the parties in interest
and to persons who requested a notice at the public hearing.
L.
A special permit shall not take effect until:
(1)
The Town Clerk certifies on a copy of the decision
issued by this Board to the owner that 20 days have elapsed without
filing of an appeal or that any appeal filed has been dismissed or
denied; and
(2)
The certified copy of the decision has been recorded
at the owner's expense in the Registry of Deeds, indexed in the grantor
index under the name of the record owner and noted on the owner's
certificate of title.
M.
If the application is unfavorably acted upon, the
applicant may not reapply within two years except by:
(1)
First requesting the Planning Board consent to such
action.
(2)
The Planning Board, before voting on whether to give
such consent, shall notify all parties in interest of the time and
place when the question of such consent will be considered.
(3)
A nine-tenths vote of the members of the Planning
Board must shall be required for a consent.
[Amended 8-23-2011]
(4)
This Board may allow reapplication after making findings
of specific and material changes in the conditions upon which the
unfavorable action was based and must describe such changes in the
record of its proceedings.
N.
Any application for a special permit may be withdrawn
without prejudice by the petitioner prior to the publication of the
first public hearing notice. Once the notice has been published, a
withdrawal without prejudice may only be with the approval of the
Board.
[Added 8-23-2011]
A.
Street discontinuance application, filed with the Town Clerk and
the Planning Board. The next regularly scheduled Planning Board Meeting
shall be the date of submission to the Planning Board.
B.
Application.
(1)
The application is to be accompanied by:
(a)
A fee as set forth in Chapter 306, Fees, to cover the costs of public hearing notices and related costs.
(b)
Ten prints of the survey of the street to be discontinued and
legal description. A marked-up copy of the Assessors Map is acceptable.
Please note that if a survey is not submitted and the discontinuance
is approved, than a survey will be required as a condition of approval.
(c)
A detailed narrative describing the proposal.
(2)
The applicant shall provide documentation that the street to be discontinued
was originally part of the subject lot. Documentation may include
deeds and copies of recorded plans and/or plats.
C.
A public hearing before the Planning Board is required for all street
discontinuance applications.
D.
Notice of public hearing.
(1)
Published in the newspaper of general circulation in the Town once
in each of two successive weeks. The first publication may not be
less than fourteen (14) days before the day of the hearing.
(2)
Posted in a conspicuous place in the Town Hall for a period of not
less than 14 days before the day of the hearing.
(3)
Mailed, certified return receipt, to parties in interest which shall
include the applicant, abutters, owners of land directly opposite
on any public or private street or way and the owners of the land
within 300 feet from the exterior bounds of the proposed street discontinuance.
(The Assessors shall certify the names and addresses of parties in
interest.)
(4)
Mailed to other individuals, boards or agencies as deemed advisable
by this Board.
E.
After the close of the public hearing, the Planning Board shall take
final action. The granting of the street discontinuance requires a
two-thirds vote of the eight-member Board.
F.
A copy of the decision on the street discontinuance shall be filed
with the Town Clerk and mailed to the owner/applicant.
[Added 8-23-2011]
A.
Street discontinuance application, filed with the Selectmen, Town
Clerk and the Planning Board. The next regularly scheduled Planning
Board Meeting, shall be the date of submission to the Planning Board.
B.
C.
A public hearing before the Planning Board is required for all street
discontinuance applications.
D.
Notice of public hearing.
(1)
Published in the newspaper of general circulation in the Town once
in each of two successive weeks. The first publication may not be
less than 14 days before the day of the hearing.
(2)
Posted in a conspicuous place in the Town Hall for a period of not
less than 14 days before the day of the hearing.
(3)
Mailed, certified return receipt, to parties in interest which shall
include the applicant, abutters, owners of land directly opposite
on any public or private street or way and the owners of the land
within 300 feet radius from the exterior bounds of the proposed street
discontinuance. (The Assessors shall certify the names and addresses
of parties in interest.)
(4)
Mailed to other individuals, boards or agencies as deemed advisable
by this Board.
E.
After the close of the public hearing, the Planning Board will vote
on a recommendation, which will be forwarded on to Town Meeting. A
copy of the recommendation on the street discontinuance shall be filed
with the Town Clerk and mailed to the owner/applicant.
F.
If approved by Town Meeting, a Form A consolidating the discontinued
street into the adjacent lots will need to be filed with the Planning
Board.
[Added 8-23-2011]
A.
Repetitive petition application, filed with the Town Clerk and the
Planning Board. The next regularly scheduled Planning Board Meeting
shall be the date of submission to the Planning Board.
B.
Application.
(1)
The application is to be accompanied by a fee as set forth in Chapter 306, Fees, to cover the costs of public hearing notices and related costs.
(2)
The request for a repetitive petition shall include a plan of the
site, a copy of the Board of Appeals decision and documentation illustrating
how the request is materially different from the request denied by
the Board of Appeals.
C.
A public hearing before the Planning Board is required for all repetitive
petition applications.
D.
Notice of public hearing.
(1)
Published in the newspaper of general circulation in the Town once
in each of two successive weeks. The first publication may not be
less than 14 days before the day of the hearing.
(2)
Posted in a conspicuous place in the Town Hall for a period of not
less than 14 days before the day of the hearing.
(3)
Mailed, certified return receipt, to parties in interest which shall
include the applicant, abutters, owners of land directly opposite
on any public or private street or way and the owners of the land
within 300 feet of the property line. (The Assessors shall certify
the names and addresses of parties in interest.)
(4)
Mailed to other individuals, boards or agencies as deemed advisable
by this Board.
E.
After the close of the public hearing, the Planning Board shall take
final action. An affirmative vote by seven of the eight Planning Board
members is required to grant a repetitive petition request.
F.
A copy of the decision on the repetitive petition shall be filed
with the Town Clerk and mailed to the owner/applicant and shall not
be final until the twenty-day appeal period has expired.
