Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Franklin, MA
Norfolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (19) Index
A. 
As used in these regulations, the following terms shall have the meanings indicated:
AASHTO
The American Association of State Highway and Transportation Officials.
[Added 3-23-1998 by Bylaw Amendment S-98-19]
BOARD
The Planning Board of the Town of Franklin.
DEAD-END STREET
A permanent or temporary street to provide sole access to and from an existing or proposed through street. This category is meant to include but not be limited to culs-de-sac and hammerhead turnarounds.
[Added 3-23-1998 by Bylaw Amendment S-98-19]
DEPARTMENT STANDARDS AND SPECIFICATIONS
The Standard Specifications for Highways and Bridges of the Massachusetts Department of Public Works, dated 1973, including all revisions thereto, and the Construction Standards of 1977 of the Massachusetts Department of Public Works, as most recently amended.
[Added 3-23-1998 by Bylaw Amendment S-98-19]
FRONTAGE
For the purposes of these regulations, physical access, or the demonstrated feasibility for physical access, to a property from a street designed for such purposes.
[Added 3-23-1998 by Bylaw Amendment S-98-19]
ITE
Institute of Traffic Engineers.
[Added 3-23-1998 by Bylaw Amendment S-98-19]
LAYOUT
The full strip of land designated as a way or street as distinguished from the roadway. A way.
[Added 3-23-1998 by Bylaw Amendment S-98-19]
LOT
An area of land in one ownership, with definite boundaries, used, or available for use, as the site of one of more buildings.
[Added 5-9-2016 by Subdivision Amendment S-16-05]
NFPA
The National Fire Protection Association.
[Added 3-23-1998 by Bylaw Amendment S-98-19]
RESIDENTIAL SUBDIVISION
A subdivision, no part of which lies within the Commercial, Business or Industrial Districts established by the Franklin Zoning Bylaw.[1]
[Amended 2-6-1989]
ROADWAY
The area within the limits of the traveled way.
SUBDIVISION
The division of a tract of land into two or more buildable lots in such a manner as to require provision for one or more new ways, not in existence when the Subdivision Control Law became effective in the Town of Franklin, to furnish access for vehicular traffic to one or more of such buildable lots, and shall include resubdivision, and, when appropriate to the context, shall relate to the process of subdivision of the land or territory subdivided; provided, however, that the division of a tract of land into two or more buildable 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 buildable lot within the tract so divided has frontage on a public way, or a way shown on a plan theretofore approved in accordance with the Subdivision Control Law, of at least such distance as is then required by zoning or other ordinance or bylaw, if any, of said city or Town for erection of a building on such lot and, if no distance is so required, has such frontage of at least 20 feet. 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 city or Town in which the land lies, into separate lots on each of which one of such buildings remains standing shall not constitute a "subdivision." A buildable lot shall conform to the zoning requirements of the zoning district in which the lot is located.
[Amended 5-9-2016 by Subdivision Amendment S-16-02]
SUBDIVISION CONTROL
The power of regulating the subdivision of land granted by the Subdivision Control Law.
THROUGH STREET
A street within or outside of the boundaries of a subdivision with a minimum of two points of egress on which vehicular traffic is given preferential right-of-way and intersecting subdivision streets are required to yield the right-of-way in obedience to a stop sign, yield sign or other traffic control device.
[Added 3-23-1998 by Bylaw Amendment S-98-19]
[1]
Editor's Note: See Ch. 185, Zoning.
B. 
Other words shall have the meanings assigned to them in the Subdivision Control Law and the Franklin Zoning Bylaw.
[Added 3-23-1998 by Bylaw Amendment S-98-19]
Only those plans which constitute subdivisions, as that term is defined in § 300-2, require the approval of the Planning Board. However, all plans, whether subdivisions within the meaning of the law or not, must have either approval as a subdivision or endorsement that they do not require approval before they will be accepted for recording at the Registry of Deeds or for registering at the Land Court.
No person shall make a subdivision, within the meaning of the Subdivision Control Law, of any land within the Town or proceed with the improvement or sale of lots in a subdivision or the construction of ways or the installation of municipal services therein, unless and until a definitive plan of such subdivision has been submitted to and approved by the Planning Board as hereinafter provided.
[Amended 3-23-1998 by Bylaw Amendment S-98-19]
No subdivision plan shall be approved unless all the lots located therein comply with the frontage and area requirements of the Town of Franklin Zoning Bylaw in effect at the time of plan submittal.
[Amended 12-9-1987 by Bylaw Amendment 87-116; 2-6-1989; 3-23-1998 by Bylaw Amendment S-98-19]
A. 
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 may submit his plan, certificate of ownership (see Appendix) and Application Form A (see Appendix)[1] to the Planning 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 for such determination and accompanied by a copy of said application and a filing fee as established in Chapter 82, Fees, of the Code of the Town of Franklin.
[1]
Editor's Note: See the Appendix located at the end of this chapter.
B. 
Plan contents. The plan shall be legibly drawn at a scale of one inch equals 40 feet and contain the following:
(1) 
Identification of the plan by name of owner of record and location of land in question, the scale, North point and date.
(2) 
The statement "Approval Under Subdivision Control Law Not Required" and sufficient space for the date and signature(s) of the Board.
(3) 
Zoning classification and location of any zoning district boundaries that may lie within the locus of the plan. The Assessor's map, block and lot numbers shall be shown.
(4) 
Notice of any proceedings and copies of decisions by the Zoning Board of Appeals, including, but not limited to, special permits and variances, regarding the land or any buildings thereon.
(5) 
In the case of the creation of a new lot, the remaining land area and frontage of the land in the ownership of the applicant shall be shown.
(6) 
Names and status of public or private street(s) and easements to include the construction materials of the street(s), the width of the layout of the street or easement.
(7) 
Location of all existing buildings, including setbacks on the land under consideration.
(8) 
Location of all bounds on land under consideration.
(9) 
Location of all wetland resource areas on the land under consideration.
(10) 
All plans shall be annotated above the signature block with the following statement: "Planning Board endorsement is not a determination as to conformance with the Zoning Bylaw."
(11) 
The plan shall be a digital submission on AutoCAD Release 14 (or any subsequent release which the Franklin Department of Public Works adopts) as described in § 300-8I(1)(a).
[Added 2-1-1999 by Bylaw Amendment S-99-20]
C. 
If the majority of the members of the Board determines that the plan does not require approval, the Board shall forthwith, without a public hearing, endorse on the plan the words "Planning Board Approval Under the Subdivision Control Law Not Required." The endorsed plan shall be returned to the applicant, and the Board shall notify the Town Clerk of its action, both within 21 days of submittal of the plan.
D. 
If the Board determines that the plan does require approval under the Subdivision Control Law, it shall, within 21 days of submittal of the plan, so notify both the applicant and the Town Clerk and return the plan to the applicant.
E. 
The applicant shall file the approved plan at the Registry of Deeds and shall notify the Board by presenting written evidence of recording of said plan documents within six months of approval.