As used in these regulations, the following terms shall have
the meanings indicated:
Includes an owner, or his agent or representative or his
assigns.
An area of land enclosed on two or more sides by street rights-of-way.
A duly authorized engineering consultant retained by the
Planning Board.
See Exhibit D.[1]
ARTERIAL STREETSExisting and proposed streets which are primarily used, or will be used, by fast, heavy, and through traffic, as defined in the Town's Master Plan or as determined by the Planning Board.
COLLECTOR STREETSExisting and proposed streets which carry or will carry traffic from residential or minor streets to the system of arterial streets, as existing and proposed and as defined in the Town's Master Plan or as determined by the Planning Board.
RESIDENTIAL OR MINOR STREETSExisting or proposed streets which are used primarily for access to abutting properties.
"Subdivision" shall mean the division or resubdivision of a
tract of land into two or more lots, or to the process of subdivision,
or to the land or territory subdivided.
The division of a tract of land into two or more lots shall
not constitute a subdivision if, at the time it was made, every lot
within said tract has frontage, in compliance with the Zoning Bylaw,[2] on:
A public way as laid out by the Select Board or a way which
the Town Clerk certifies is maintained and used as a public way;
[Amended 1-28-2023 STM by Art. 9]
A way shown on a plan previously approved under subdivision
control; or
A way in existence on October 2, 1953, having, in the opinion
of the Planning Board, sufficient width, suitable grades, and adequate
construction to provide for the needs of vehicular and pedestrian
traffic and municipal services in relation to the proposed use of
the land abutting thereon or served.
Conveyances or other instruments, by adding to, taking away
from, or changing the size and shape of lots, or the division of a
tract of land, on which two or more buildings were standing on October
2, 1953, into separate lots, on each of which one such building remains
standing shall not constitute a subdivision.
United States Coast and Geodetic Survey Datum.
[1]
Editor's Note: Exhibit D is included as an attachment to this chapter.
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 (Form A[1]) to 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 for such determination and accompanied
by a copy of said application.
[1]
Editor's Note: Form A is included as an attachment to this chapter.
B.
If the Board determines that the plan does not require approval,
it shall, without a public hearing and within 21 days of submission,
endorse on the plan the words "Planning Board approval under Subdivision
Control Law not required." Said plan shall be returned to the applicant
and the Board shall notify the Town Clerk of its action.
C.
If the Board determines that the plan does require approval under
the Subdivision Control Law, it shall, within 21 days of submission
of said plan, so inform the applicant and return the plan. The Board
shall also notify the Town Clerk of its determination.
D.
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.
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 service therein, unless
and until a definitive plan of such subdivision has been submitted
to and approved by the Planning Board as hereinafter provided.
The definitive plan shall be prepared, stamped and signed by
a registered civil engineer or a registered land surveyor.
