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.
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.
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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.
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(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.