Not more than one building designed or available for use for dwelling purposes shall be erected and placed or converted to use as such on any lot in the Town of Whately without the consent of the Planning Board. Such consent may be conditional upon the provision of adequate ways furnishing access to each site for such building in the same manner as otherwise required for lots within a subdivision.
A.
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 may submit his plan and application (use Form A[1]) to the Planning Board or to the Town Clerk, accompanied by the necessary evidence to show that the plan does not require approval. Three copies of said plan shall be furnished to the Planning Board. Said plan shall be prepared by an engineer or surveyor. Plans submitted for a determination that approval under the Subdivision Control Law is not required shall be delivered to the Planning Board at a meeting of said Board or shall be sent by registered mail to the Planning Board, postage prepaid. If so mailed, the date of receipt by the Planning Board shall be the date of submission of the plan.
[1]
Editor's Note: Form A is on file in the office of the Town Clerk.
B.
The applicant shall provide written notice to the Town Clerk of such filing, together with a copy of the application form. Such notice shall be given by delivery or sent by registered mail and shall describe the land to which the plan relates, sufficient for identification, and shall state the date on which such plan was submitted to the Planning Board, and shall include the name and address of the owner(s) of the subject land.
C.
Any person who believes his plan does not require subdivision approval because it does not show a "subdivision" as defined in MGL c. 41, § 81L, and in Article II of these regulations may submit the plan, together with two paper copies and an application form (Form A), to the Planning Board, accompanied by a filing fee of $50 and any documentation necessary to demonstrate that the plan does not require approval under the Subdivision Control Law.
D.
A plan submitted under § 234-5 shall be prepared in accordance with the applicable requirements of the Franklin County Registry of Deeds and shall, at a minimum, show the following information:
(1)
The name(s) of the record owner(s) of the subject land and the names of the owners of all adjacent land as determined from the most recent tax records of the Town.
(2)
The location of all existing buildings on the subject land.
(3)
The location of all easements and rights-of-way located on or serving the subject land.
(4)
The existing and proposed boundaries of the subject land and of each parcel and lot created or altered by the plan.
(5)
The zoning classification of the subject land.
(6)
A locus plan at a scale of one inch equals 100 feet, showing the subject land in relation to the nearest intersecting street(s).
(7)
The locations, widths, and names of all abutting ways.
(8)
A notation reading: "Endorsement of this plan does not certify compliance with zoning."
E.
Frontage on ways in existence.
(1)
In determining whether an existing way or a way in existence in 1962, when the Subdivision Control Law came into effect in Whately, is adequate frontage to qualify a plan as not a subdivision, the Board will consider the following:
(a)
Is the right-of-way at least 33 feet wide and of reasonable horizontal alignment?
(b)
Does the existing horizontal and vertical alignment of the roadway provide safe visibility?
(c)
Is the roadway constructed at least 16 feet wide, with at least 18 inches of gravel, and with adequate provisions for drainage?
(d)
If the road could ever service more than 10 dwelling units, is it bituminous surfaced or have provisions been made for such surfacing without cost to the Town?
(e)
Have provisions been made for public utilities without cost to the Town?
(f)
Is the grade less than or equal to 10%?
(2)
The Board will not normally find a way in existence when the Subdivision Control Law became effective in Whately to provide adequate frontage unless it meets the above standards; provided, however, that the Board may waive strict compliance with these standards upon its determination, following consultation with the Selectboard, Highway Superintendent, Police Chief and Fire Chief, that the way will, in fact, be adequate to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby and for installation of municipal services to serve such land and the buildings erected or to be erected thereon.
[Amended 11-12-2024]
F.
Frontage on a public way. When the lots shown on a plan presented for endorsement under § 234-5 are claimed to have frontage on a public way, the way must physically exist on the ground and must provide safe and viable access to the proposed lots. Additionally, the Planning Board may require documentation evidencing the layout and acceptance of the way as a public way.
G.
Adequacy of access. In addition to determining that all lots shown on a plan presented for endorsement under § 234-5 have the required frontage on one of the three types of ways specified in MGL c. 41, § 81L, before endorsing a plan as "Planning Board approval under the Subdivision Control Law not required," the Planning Board must also determine that each lot shown on the plan has practical access from the way upon which the lot fronts, in that there are no legal or physical impediments which prevent present adequate access to the lot.
H.
Time limit. Pursuant to MGL c. 41, § 81P, if the Board fails to act upon a plan submitted under § 234-5, or fails to notify the Town Clerk and the applicant of its action within 21 days after the plan submission, the Board shall be deemed to have determined that approval under the Subdivision Control Law is not required and shall forthwith make such endorsement on the plan. If the Board fails to make such endorsement, the Town Clerk shall issue a certificate to the same effect.
I.
If the Board determines that the plan does not require approval, it shall forthwith, in a formal or informal hearing and without a public hearing, endorse on the plan the words "Planning Board approval under the Subdivision Control Law not required." The Board shall then sign said endorsement. Said plan shall then be returned to the applicant, and the Board shall notify the Town Clerk of its action. The applicant shall provide the Board with two copies of the endorsed print.
J.
If it deems necessary, the Planning Board shall have the plan reviewed by an engineer before making a determination. The cost shall be borne by the applicant.
No person shall make a subdivision, within the meaning of the Subdivision Control Law, of any land within the Town or proceed with the improvement or sale of lots in a subdivision or the construction of ways or the installation of municipal services therein unless and until a definitive plan of such subdivision has been submitted and approved by the Planning Board as hereinafter provided.
B.
Standards of adequacy. Streets within a subdivision shall be considered to provide adequate access if, and only if, complying with the standards established in this regulation. Ways providing access to streets within a subdivision shall normally be considered to provide adequate access only if there is assurance that, prior to construction on any lots, access to the subdivision will be in compliance with the right-of-way width, pavement width, maximum grade and sight distance requirements of this regulation as applicable to ways within a subdivision.
C.
Obligations. The Board may require, as a condition of its approval of a subdivision plan, that the developer dedicate or acquire and dedicate a strip of land for the purpose of widening accessways to a width as required above and that he either make physical improvements within such way or compensate the Town for the cost of such improvements in order to meet the standards specified above.
D.
Waivers. The Board may waive strict compliance with these access requirements only upon its determination, following consultation with the Selectboard, Highway Superintendent, Police Chief and Fire Chief, that the way in fact will be sufficient to serve the needs for access to serve potential uses of land abutting on or served by the way in question.
[Amended 11-12-2024]