A.
Submission of plan. 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 pursuant to MGL c. 41, § 81P may submit the plan and two contact prints thereof and two copies of a properly executed Form A[1] and one copy of the proposed plan in electronic format [as described in Subsection B(14)] at a meeting of 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 to the Board for such determination, accompanied by a copy of said application and describing the land to which the plan relates sufficient for identification. If the notice is given by delivery, the Town Clerk shall, if requested, give a written receipt therefor. Any plan determined to not completely satisfy Subsection B, Contents, shall be deemed not to have been submitted. Such plan shall be returned to the applicant, and a notice of the Planning Board's determination sent to the Town Clerk. When brought into conformity with the requirements of Subsection B, Contents, such plan may be resubmitted and will be considered without prejudice.
[1]
Editor's Note: The forms are included as an attachment to this chapter.
B.
Contents. Said plan shall be legibly drawn in accordance with the rules and regulations of the Registry of Deeds, MGL c. 36, § 13A, as amended, pertaining to plan size, material, lettering and related requirements. The plan scale shall be 40 feet to the inch or such other scale as the Board may accept and contain the following:
(1)
Identification of the plan by name and address of owner of record and name of surveyor and/or professional engineer who prepared the plan, and the name and address of the person for whom the plan has been prepared, location of the 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 the signatures of all members of the Board.
(3)
The zoning classification of land shown on the plan in a table with required and provided dimensions and the location of any zoning district boundaries, including any overlay zoning districts, flood hazard risk zones, wetland setback lines, and any well or well development area that is located within or within 100 feet of the locus. DEP-designated Zone I and Zone II areas should be shown. The location and area of lands meeting the definition of "natural vegetation area" should be delineated on the plan. A separate worksheet shall be submitted that is sufficient to establish compliance with all relevant requirements of the Zoning Bylaw with respect to Section 2400, Dimensional Regulations, including lot area, lot shape, wetland resources, etc.[2] For lots within the Water Resources Protection District, the worksheet shall show the maximum number of bedrooms permitted by Subsection 4532d of the Zoning Bylaw based upon lot area and wastewater generation. The worksheet shall show the maximum percent of impervious material coverage for each lot.
(4)
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. For parcels in excess of 20 acres, the remaining land may be shown on a map of a scale not less than one inch equals 200 feet.
(5)
Notice of any decisions by the Zoning Board of Appeals, including but not limited to variances and exceptions, regarding the land or any building thereon. If none, so state.
(6)
Names of abutters from the most recent local tax list unless the applicant has knowledge of any changes subsequent to the latest available Assessor's records.
(7)
Names and status (private or public) of streets and ways shown on the plan. Also note whether state, county or Town layout.
(8)
Bearings and distances of all lines of the lot or lots shown on the plan.
(9)
Location of all existing buildings, including setback distances from front, side and rear yard boundaries.
(10)
Location of all bounds, brooks, fences, and walls. A locus map at 1,000 feet to the inch. North orientation of the locus plan to be the same as the one inch equals 40 feet plan.
(11)
Location and area of dry land satisfying lot area requirements (see definition) and one-hundred-foot and one-hundred-twenty-five-foot setback lines from any wetland on or proximate to the land.
(12)
A plat of the locus on a copy of a one-square-mile portion of the Town's Water Distribution Master Plan or submission of a map based upon the Town of Sharon GIS.
(13)
Wetland boundaries shall be delineated within and within 150 feet of the locus shall be shown. The applicant shall submit the plan to the Conservation Commission along with an abbreviated notice of resource area delineation (ANRAD), a notice of intent (NOI), or such other request for confirmation of resource area boundaries as the Conservation Commission may accept, prior to submission to the Planning Board. The applicant shall also revise the wetland delineations as required for consistency with the Conservation Commission's determination prior to submission of the approval-not-required plan to the Planning Board. The twenty-one-day approval period will not commence until submittal has been approved by the Conservation Commission and final plans have been submitted to the Town Clerk and the Planning Board.
(14)
The submission shall include an engineering/GIS compatible computer file of the approval-not-required plan. A revised computer file shall be submitted simultaneously with each revised plan submission and prior to endorsement. For each submission, the computer file content shall be identical to the final plan content. For each submission, the Town Engineer shall verify receipt of the computer file and compliance with the rules and regulations and the Sharon Planning Board Technical Standards for Submissions under the Rules and Regulations Governing the Subdivision of Land. The lot layout plans shall utilize Mass State Plane Coordinates and elevations shall be based on the North American Vertical Datum of 1988 (NAVD 88) in feet. Full-size and half-size copies of all plans shall be provided.
(15)
A plan purpose note must be included describing the reason for the plan. The plan purpose should include a lotting table describing the area of the existing lot and the area of the lots proposed. The lotting table can be combined with the zoning table, if desired.
C.
Endorsement of plan not requiring approval.
(1)
If the Board or its authorized agent determines that the plan does not require approval it shall, without a public hearing, endorse the plan within 21 days of submission.
(2)
The Board may add to such endorsement a statement of the reason approval is not required. The original plan shall be returned to the applicant, and the Board shall also notify the Town Clerk in writing of its action.
D.
Determination that plan requires approval. If the 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 Board shall also notify the Town Clerk in writing of its action. The twenty-one-day period begins after approval of the plan by the Conservation Commission and submission of a plan with an approved wetland to the Town Clerk and the Planning Board.
E.
Failure of Board to act. If the 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 on said plan, and on its failure to do so forthwith, the Town Clerk shall issue a certificate to the same effect.
F.
Determination of frontage. In determining whether each and every lot shown on the plan has adequate frontage, the Board will determine, first, whether the lot directly abuts a public or private way; and second, whether the lot has direct, traversable access from the abutting way.
(1)
In determining whether an existing private way is adequate to qualify a plan as not constituting a subdivision, the Board shall consider the following:
(a)
Is the right-of-way at least 50 feet wide and of reasonable horizontal alignment?
(b)
Does the existing horizontal and vertical alignment of the traveled way provide safe visibility?
(c)
Is the traveled way constructed at least 18 feet wide, with at least eight inches depth of gravel, and with adequate provisions for drainage?
(d)
Is the surface of the traveled way adequate to handle the anticipated traffic?
(e)
If the road is capable of being extended to serve more than five dwellings, is it surfaced with hot mix asphalt pavement with proper drainage or hot mix asphalt porous pavement at the time of submission of the approval-not-required plan?
(f)
Are public utilities available which are adequate for the intended use?
(g)
Can the applicant access the property through the frontage?
(2)
In determining whether a way has been used and maintained as a public way, the Board shall require that written evidence be submitted by the Town Clerk of public maintenance under vote of the Town and of continued substantial use by the general public without permission of the landowners for at least 20 years. Sporadic use, use by a few persons, or use by agreement of the abutters shall not suffice.
(3)
Where direct access to a lot from the abutting street is not possible due to steep grades, wetlands, watercourses or other physical constructs, the Planning Board shall not consider the lot as having sufficient frontage and having vital access and therefore the division of land shall require approval under the Subdivision Control Law.