As used in this chapter, the following terms shall have the
meanings indicated:
SUBDIVISION (summarized from SCL Sec. 81L)
The division of a tract of land into two or more lots and
includes resubdivision, or the process of subdivision, or the land
divided.
A.
However, the division of a tract of land into two or more lots
is not a subdivision if, at the time it is made, every lot within
said tract has frontage in compliance with the Protective Bylaw on:
(2)
A way shown on a previously approved subdivision plan; or
(3)
A way in existence when the SCL became effective in the Town,
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.
B.
Conveyances changing the size and shape of lots so that every
lot so affected has the frontage required, or the division of a tract
of land on which two or more buildings were standing when the SCL
became effective in the Town into separate lots on each of which one
of said buildings remains standing, do not constitute a subdivision.
Invalidity of any provision of this chapter or error in administration
thereof shall not affect the validity of other provisions or administrative
actions.
The Planning Board may in any particular case where, in the judgment of the Board, such action is in the public interest and not inconsistent with the SCL waive strict compliance with this chapter (SCL § 81R). The Board will consider carefully all applications for relaxation of standards in a subdivided area characterized by, among other things, attractiveness, livability, and amenity; population density low and property use oriented away from the street; and traffic intensity low, all to a degree substantially greater than the norm and coupled with suitable assurance of permanence. (See Article
IV of this chapter on conservation, etc.)
Whenever hearings or determinations by more than one public
body are required, the hearings or determinations by such authorities
should be held before, or concurrently with, that of the Planning
Board. The same data that is supplied to each such body should be
supplied to the others and shall be supplied to the Planning Board.
On its own motion, the Planning Board may arrange for such hearings
(or rehearings) to be held concurrently with its own.