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Town of South Hadley, MA
Hampshire County
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Table of Contents
Table of Contents
For the purposes of these rules and regulations, unless a contrary intention clearly appears, the terms and words defined in MGL c. 41, § 81L shall have the meanings given herein. If a term is not defined and is not a commonly used term, then the definition in the State Building Code will apply. In addition, the following terms and words shall have the following meanings:
APPLICANT
May be either the owner of the land stated in the application for subdivision or all the owners where title is held jointly, in common, or in tenancy by the entirety, including corporations. An agent, representative, or his assigns may act for an owner, provided written evidence of such fact is submitted. Evidence in the form of a list of its officers and designated authority to sign legal documents shall be required for a corporation.
BOARD
The Planning Board of the Town of South Hadley.
DEVELOPMENT IMPACT STATEMENT (DIS)
A documented, written analysis of a proposed subdivision which provides the Planning Board and its agents with information necessary for plan review. Prepared by the applicant, a DIS shall follow the format presented in the appendixes of this document.[1]
LOT
An area of land in one ownership, with definite boundaries, used or available for use as the site of one or more buildings.
OWNER
The owner of record as shown by the records in the Hampshire County Registry of Deeds or Land Court.
PLAN, DEFINITIVE
A proposed plan of a subdivision submitted by the applicant to be recorded in the Registry of Deeds or Land Court when approved by the Planning Board.
PLAN, FINAL
A proposed plan showing more than one building to be used for dwelling purposes per building lot, to be approved by the Planning Board as a prerequisite to obtaining building permits.
PLAN, PRELIMINARY
A plan of a subdivision submitted by the applicant showing sufficient information to form a clear basis for discussion and clarification of its general contents and for the preparation of a definitive plan.
SUBDIVISION
A. 
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 or the land or territory subdivided.
B. 
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 under any of the following conditions:
(1) 
At the time when the subdivision is made, every lot within the tract so divided has frontage on:
(a) 
A public way or a way which the Clerk of the Town of South Hadley certifies is maintained and used as a public way;
(b) 
A way shown on a plan previously approved and endorsed in accordance with the Subdivision Control Law; or
(c) 
A way in existence when the Subdivision Control Law became effective in the Town of South Hadley 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 the Zoning Bylaws of the Town of South Hadley for erection of a building on such lot, and if no distance is so required, such frontage shall be at least 20 feet.[2]
(2) 
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.
(3) 
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 Town of South Hadley in which the land lies into separate lots, on each of which one of such buildings remains standing.
SUBDIVISION CONTROL LAW
MGL c. 41, §§ 81K to 81GG, inclusive, entitled "Subdivision Control," as last amended.
TYPE "A" SUBDIVISIONS
A subdivision for single-family residential purpose only.
TYPE "B" SUBDIVISIONS
A subdivision for apartments, business or industrial purposes.
[1]
Editor's Note: The appendixes are available in the Town offices and on the Town website: www.southhadley.org.
[2]
Editor's Note: See Ch. 255, Zoning.