As used in this chapter, the following terms shall have the
meanings indicated:
Satisfactory means of actual physical ingress and egress
within and without the development to any lot or development by vehicular
traffic and by pedestrian traffic. Adequacy of access will be determined
by the Planning Board after review of such factors as topography,
soil conditions, presence of wetlands, existence of easements, construction
methods and legal status of way providing access.
A person (as hereinafter defined) who applies for the approval of a plan of a subdivision or a person who applies under § 375-4. "Applicant" shall include an owner or his agent or representative or his assigns.
The division of a tract of land into two or more lots in which, at the time when it is made, every lot within the tract so divided has sufficient frontage on (a) a public way, or a way which the City Clerk of the City of Beverly certifies is maintained and used as a public way, or (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 City, 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 300, Zoning, or other ordinances.
A Planning Board established under MGL c. 41, § 81A.
The City Engineer or consultant authorized by the Beverly
Planning Board to review subdivisions and administer regulations.
The Beverly Planning Board.
A person who constructs a building on a lot.
With respect to a plan or other instrument required or authorized
by the Subdivision Control Law to be recorded, certified, or endorsed
by the Planning Board, shall mean that the plan or instrument bears
the certification of a majority of Planning Board members, or of its
Chairman, or any other person authorized by it to certify or endorse
its approval or other action; a majority of Planning Board members
shall sign a written statement naming those persons authorized to
certify or endorse the Board's action, and shall record that statement
at the Registry of Deeds and the Land Court.
The City of Beverly, unless otherwise specified.
A person (as hereinafter defined) who develops a subdivision under a plan of a subdivision approved under Article III of these rules and regulations.
The distance between either the points of intersection of the side lot lines and the street right-of-way or the points of intersection of the side lot lines and the rear line of the required front yard extended to the street right-of-way, whichever is smaller (see diagram of frontage in the Appendix). When a lot is bounded by more than one street, any one of them, but only one, may be designated as the frontage street by the owner, provided that that street provides sufficient frontage as required by Chapter 300, Zoning, of the City Code; however, in the case of a lot bounded by two streets forming an interior angle of more than 135°, their combined frontage between lot lines may be used to satisfy the lot frontage requirement.
The General Laws of the Commonwealth of Massachusetts, as
amended. 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 codification.
Sewers, water drains, water pipes, gas pipes, electrical
lines, telephone lines, communication lines, and their respective
appurtenances.
As applied to real estate, the person holding the fee-simple
title to a parcel, tract, or lot of land.
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.
The plan of a subdivision as submitted (with appropriate
application) to the Board for approval to be recorded in the Registry
of Deeds or filed with the Land Court when approved by the Board and
such plan when approved and recorded; all as distinguished from a
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 in the Registry of Deeds of Essex South District
in which the land in question is situated, except that, as affecting
unregistered land, it shall mean filed with the recorder of the Land
Court (MGL c. 41, § 81L).
The Registry of Deeds of Essex South District in which the
land in question is situated and, when appropriate, shall include
the Land Court (MGL c. 41, § 81-L).
That portion of a way which is designed and constructed for
vehicular travel.
A street which, in the opinion of the Board, is being used or will be used primarily to provide access to abutting lots and may be built to less exacting standards as described in § 375-15.
A street which, in the opinion of the Board, is being used
or will be used as a thoroughfare within the City of Beverly, which
will connect communities or which will otherwise carry a heavy volume
of traffic.
A street which may intersect one or more minor streets and
which, in the opinion of the Board, is used or will be used to carry
substantial traffic from such minor street(s) or abutting lots to
a principal street or community facility, and normally including streets
within a shopping center, industrial park, a large subdivision, a
group of subdivisions, and any primary circulation route within such
developments, or a street which will connect subdivisions.
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. (See definition of "approval not required plans" for definition
of what does not constitute a subdivision.) 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 sufficient
frontage 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 in which the land lies, into separate lots on each of which
one of such buildings remains standing, shall not constitute a subdivision
(MGL c. 41, § 81-L).
The power of regulating the subdivision of land granted by
the Subdivision Control Law, MGL c. 41, §§ 81K through
81GG, inclusive, as hereinafter amended.
A plan shall be considered officially submitted to the Beverly
Planning Board as of the date said plan and forms necessary under
these rules and regulations are duly filed with the Clerk or Secretary
of the Board at a regularly scheduled business meeting of the Board
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 inadvertance
or unwarranted refusal of the Clerk or Secretary to make such entry.
Such plans and forms may also be submitted by registered mail to the
Beverly Planning Board, care of the City Clerk. If so mailed, the
postmarked date shall be the date of submission of the plan.
No person shall make a subdivision within the meaning of the
Subdivision Control Law of any land within the City 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 therein, unless and until a definitive plan
of such subdivision has been submitted and approved by the Beverly
Planning Board 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 Board
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 Board.
(See Form D, Designer's Certificate, Appendix D.[1])
[1]
Editor's Note: Form D is included as an attachment to this chapter.
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 City, without
the consent of the Beverly Planning Board. 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.
[Amended 12-16-2003; 12-20-2005]
A.
Fees for approval not required plans, preliminary subdivision plans,
and definitive subdivision plans are contained in the Planning Board
regulations governing fees and fee schedules, as may be amended from
time to time, which are incorporated herein by reference.
B.
All expenses for advertising, recording, and filing of documents
shall be borne by the applicant.
In the case of applications by corporations, a vote from the
clerk of the corporation shall accompany submission of definitive
subdivision plans certifying authorization of an individual(s) to
act for the corporation, along with a copy of a recent title search
supplied by the owner.
A copy of the deed(s) of property shall accompany submission
of definitive subdivision plans.
The Planning Board shall not approve scattered or premature
subdivision of land which would involve danger or injury to health,
safety, or property by reason of lack of fire protection, water supply,
sewage disposal facilities, drainage, transportation or other public
services or which would necessitate an excessive expenditure of public
funds for the supply or maintenance of such services. It shall attempt
to provide for the harmonious development of the community, allowing
open spaces of adequate proportion for the accommodation of existing
and prospective traffic, playgrounds, or other recreational purposes.
