As used in this chapter, the following terms
shall have the meanings indicated:
The Planning Board of the Town of Williamstown.
A street which handles average daily traffic equivalent to
that generated by 50 homes or more (500 trips or more, based on the
ITE Trip Generation Manual).
A street, extension of a street or system of streets connected
to other streets only at a single point.
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The Floodplain District as established in the Chapter 70, Zoning, of the Code of the Town of Williamstown.
Areas having average cross-slope exceeding 15% at locations
where streets are being developed.
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A street which carries traffic equivalent to that generated
by 12 or fewer dwelling units (120 trips or fewer, based on the ITE
Trip Generation Manual), which provides access to no abutting property
either used or zoned for business or industry, and which is not capable
of extension.
A street which cannot qualify as a lane, but which can be
expected to handle less traffic than a collector street.
A street which serves as access for land in a Nonresidential District established by Chapter 70, Zoning.
That town official designated by the Town Manager to carry
out the duties assigned to that position in this chapter.
A subdivision no part of which lies within a nonresidential district established by Chapter 70, Zoning.
The division of a tract of land into two or more 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 lots shall not be deemed to constitute a subdivision
within the meaning of the Subdivision Control Law[1] if, at the time when it is made, every lot within the tract so divided has frontage on a public way or a way which the Clerk of the Town of Williamstown certifies is maintained and used as a public way, or a way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law, or a way in existence on July 27, 1959, having, in the opinion of the Planning Board, 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 Chapter 70, Zoning, for erection of a building on such lot. Conveyance or other instrument 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 on July 27, 1959, into separate lots, on each of which one of such buildings remains standing, shall not constitute a subdivision.
The portion of the Town of Williamstown zoned General Residence 1 or 2 in Chapter 70, Zoning, or in a nonresidential district contiguous with a General Residence District.
[1]
Editor's Note: See MGL C. 41, § 81-A
et seq.
A.
Necessity. Only those plans which constitute subdivisions,
as that term is defined in MGL C. 41, § 81-L, require the
approval of the Planning Board. However, all plans creating new property
lines, 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.
B.
Date of submittal.
(1)
Date determination. Plans intended for review
at a regular meeting of the Planning Board shall be forwarded so as
to be received by the Town Clerk not later than 4:00 p.m. one week
prior to the Planning Board meeting. The date of submission for all
plans shall be the date submitted to the Town Clerk, except in the
case of definitive plans mailed to the Town Clerk by registered or
certified mail, the date of receipt shall be the date received by
the Town Clerk.
(2)
Completeness review. No plan submitted for approval
or for endorsement that approval is not required shall be accepted
as a submittal unless and until all materials required herein have
been fully provided or waived in writing by the Board. At the time
of submission, an initial determination of completeness shall be made
by the Planning Administrator, using a checklist, and the Board and
the applicant shall be notified of the result.
(3)
Incomplete submittal. If the submission has
been determined by the Planning Board to be incomplete, the applicant
and the Town Clerk shall be so advised forthwith. A plan shall not
be considered submitted and the review period will not begin until
submittals are determined to be complete.
A.
General. Plans shall be endorsed as not requiring
approval under the Subdivision Control Law, and subdivision plans
shall be approved, only if each building lot to be created by such
plans has adequate access as intended under the Subdivision Control
Law, MGL C. 41 §§ 81-K through 81-GG.
B.
Standards of adequacy.
(1)
Access for land division. Ways which qualify
as "access" only because of having been in existence when the Subdivision
Control Law became effective in the town shall normally be considered
to provide adequate access to proposed lots said not to constitute
a subdivision only if having an all-weather traveled way width of
at least 16 feet at all points, at least 100 feet stopping sight distance,
drainage assuring uninterrupted access and other design and construction
features which, in the judgment of the Planning Board, similarly provide
for basic movement and safety. Other ways will be determined to provide
adequate access only if in physical reality they are of sufficient
width and are suitable to accommodate motor vehicle traffic and to
provide access for fire-fighting equipment and other emergency vehicles.
(2)
Access to subdivisions. Ways shall normally be considered to provide adequate access to proposed subdivisions only if they provide connection to a state-numbered highway via roads which with no more than minor exceptions continuously meet the standards of Article IV, except for right-of-way width.
(3)
Access within subdivisions. Ways within subdivisions
shall be considered to provide adequate access only if they comply
fully with this chapter.
C.
Waivers. The Board may waive strict compliance with
these access requirements only upon its determination, following consultation
with the Town Manager, Director of Public Works, Police Chief and
Fire Chief, that the way in fact will be sufficient to serve proposed
uses of land.
A.
Applicability. 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 to the Town Clerk, as provided at § 170-2.2B(1), accompanied by the necessary evidence to show that the plan does not constitute a "subdivision" as defined in § 170-2.1 and therefore does not require approval under Subdivision Control Law. Said person shall file with the Town Clerk three prints of the plan and a completed application (Form A), and shall provide notice of submittal to the Town Clerk by delivery or registered mail (using Form A)[1].
[1]
Editor's Note: Form A is included at the end of this chapter.
B.
Contents. In order to be considered by the Board,
such plans shall, at a minimum, show all of the following:
(1)
Name and stamp of the registered land surveyor
responsible for the plan and the statement that the plan complies
with all requirements of the Registry of Deeds.
(2)
Indication of the length of frontage of any
lot or parcel affected by the plan, including that of adjoining land
in the same ownership.
(3)
Present owner of the land shown on the plan,
and all owners of land abutting either that land or adjoining land
in the same ownership.
(4)
Indication of the zoning district or districts
involved, and their boundaries, if encountered.
(5)
Location of any physical features potentially
interfering with use of the frontage for access to the lots being
created.
(6)
A locus plan at one inch equals 1,000 feet.
(7)
A title block containing the name and address
of the owner of the property being divided.
(8)
An endorsement block containing the words "Planning
Board approval under the Subdivision Control Law not required", and
space for the signatures of the members of the Board and the date
of endorsement.
C.
Endorsement of plan not requiring approval. If the
Planning Board determines that the plan does not require approval,
it shall, without a public hearing and within 14 days of submission,
endorse the plan.
D.
Determination that plan requires approval. If the
Planning 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 Planning Board shall also notify the Town Clerk in writing of
its action.
E.
Failure of Board to act. If the Planning Board fails
to act upon a plan submitted under this section or fails to notify
the Town Clerk and the person submitting the plan of its action within
21 days after its submission, it shall be deemed to have determined
that approval under the Subdivision Control Law is not required, and
it shall forthwith make such endorsement of said plan, and on its
failure to do so forthwith, the Town Clerk shall issue a certificate
to the same effect.
No person shall make a subdivision 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.
In order to assure consistency of subdivision
streets or utilities which cross the town line, the portion of such
facilities within Williamstown shall meet the requirements of the
adjacent community, where those requirements are more demanding, unless
this requirement is explicitly waived by the Planning Board.
A.
Except in the case of minor lane residential development, in order to facilitate any future takings, the subdivider shall retain title to the fee of each street, path or easement in or appurtenant to the subdivision until conveyed to the town, or for at least two years after completion of improvements, whichever is the lesser. Notation that this is to be done shall be placed on the definitive plan. This provision may be waived by the Planning Board for subdivisions where the public interest is served by retention of private ways, and means of securing such retention and their maintenance have been agreed upon. (See § 170-4.6D.)
B.
Prior to conveyance of the right-of-way, the developer
shall provide to the town a plan of the street or streets to be accepted,
together with the legal description necessary for street acceptance.
A.
Applicability. The Board may determine that the size
or complexity of a proposed subdivision or its impacts warrant the
employment of outside consultants (such as engineers, planners, lawyers,
hydrogeologists or others) for plan review, impact analysis, inspection
or other technical assistance in relation to the proposal. Such professionals
shall be selected and retained by the Board, with the reasonable costs
for their services to be paid by the applicant.
B.
Selection appeal. The applicant shall be notified
of consultant selection at least seven days prior to initiation of
consultant efforts, unless this notice period is waived in writing
by the applicant. As provided in MGL C. 44, § 53G, the applicant
may administratively appeal the selection of the consultant to the
Selectmen, on the grounds that the proposed consultant has a conflict
of interest or does not possess the minimum required qualifications.
Appeal is initiated by the applicant filing notice with the Town Clerk
within five working days of notice of the selection. Consultant efforts
shall not begin until any appeal has been decided or until a month
passes without Selectmen's decision, in which case the Planning Board's
selection shall stand. Required time limits for action shall be extended
by the duration of the appeal.
C.
Funding. As provided at various locations in this
chapter, the applicant shall file with the Board an amount of money
equal to the estimated cost for the employment of the consultant,
as determined by the Board, to be deposited into a special account
to be established by the Town Treasurer, as provided by MGL C. 44,
§ 53G. If the unexpended balance falls below 30% of the
initial estimate, the account shall be restored to its original level
or such lower level as determined to be reasonable and necessary by
the Board. Any unexpended balance, including accrued interest, shall
be repaid to the applicant or his successor in interest at the completion
of the consultant's services.
D.
Remedy. Failure of an applicant to pay fees required
hereunder (or any other fees required in other parts of this chapter)
shall be grounds for continuing hearings, plan disapproval or refusal
to release development security.
