An applicant who wishes to record in the Registry of Deeds or
to be filed with the Land Court a plan of land and who believes that
such plan does not require approval under the Subdivision Control
Law, pursuant to MGL c. 41, §§ 81L and 81P, may submit
such an approval not required or ANR plan to the Planning Board and
request that the plan be endorsed "Approval Not Required Under the
Subdivision Control Law."
An applicant submitting an ANR plan to the Planning Board for
consideration shall provide an application to the Planning Board as
set forth below.
A. Application form and copies. An ANR plan applicant shall submit an
application on Planning Board Form A (Appendix I, Form A), together
with:
(1)
One original and six copies of the application;
(2)
Twelve copies of the ANR plan (one for the Planning Board's
file, one for each of the five Planning Board members, one for the
Town Planner, and five for endorsement and distribution following
endorsement to the Planning Board file, Town Clerk, Building Inspector/Zoning
Enforcement Officer, Highway Surveyor and the applicant);
(3)
A Mylar of the ANR plan; and
(4)
All the necessary evidence to show that said ANR plan does not
require subdivision approval.
B. Required signatures on application. The Form A application shall
be signed by the applicant and the owner [i.e., all owner(s)] of record
of all the land proposed to be divided by the ANR plan. The application
shall be signed under oath and shall certify that all of the owners
of record have executed the application. In addition, the engineer
and/or surveyor who prepared the plan shall sign the application and
certify that the plan (referring to the date and last revision date
of the plan submitted), as prepared, to the best of his/her knowledge,
conforms to all of requirements of the Regulations.
C. Required application fee. An ANR plan applicant shall submit the
required fee, as set forth in Appendix V, Schedule of Fees, with the
Form A application.
D. Delivery of application. An ANR plan shall be submitted to the Planning
Board at a regular meeting or by registered mail. (See MGL c. 41,
§§ 81O, 81P and 81T.)
E. Filing with Town Clerk. An ANR plan applicant may file, by delivery
or registered mail, a notice with the Town Clerk stating the date
of submission of such a plan to the Planning Board under MGL c. 41,
§ 81T.
F. Effective date of Subdivision Control Law. The Town accepted the
provisions of the Subdivision Control Law on February 9, 1953.
An ANR plan shall satisfy all of the requirements set forth
below.
A. Preparation. An ANR plan shall be of a minimum dimension of 9 1/2
inches by 14 inches but shall not exceed a dimension of 24 inches
by 36 inches, and shall be drawn at a minimum of one inch equals 80
feet and a maximum scale of one inch equals 40 feet.
B. Contents. An ANR plan shall contain, but shall not necessarily be
limited to, the following information and shall be based upon an on-the-ground
survey:
(1)
Name, address, telephone number and e-mail address of the applicant
and each owner of record for the land to be divided under the ANR
plan.
(3)
Date of ground survey performed and seal and signature of the
registered professional who prepared said plan.
(4)
Name, address and seal of the registered professional engineer
and registered land surveyor who prepared, signed and stamped said
plan.
(5)
Names and addresses of all abutters from the most recent Town
tax list.
(6)
The Assessing Map reference for the land proposed to be divided.
(7)
Existing and proposed boundary lines, dimensions and areas of
each of the parcels and lots shown on said plan, with all bounds,
keyed into the Massachusetts grid system. At least two bounds shall
reference the corresponding Massachusetts grid coordinates. If the
division is within 500 feet of a highway or road which has been laid
out by the Town of Norwell, Plymouth County Commissioners, or the
Massachusetts Department of Public Works, the division shall also
be tied into two or more permanent points or bounds of the existing
highway or road by bearing and distance.
(8)
Existing and proposed lines of streets, ways and easements and
whether each is a public or private way.
(9)
Zoning classification and location of any zoning district boundaries
that may lie within the locus.
(10)
Any present or proposed public areas within the property.
(11)
Location of all existing buildings or structures, if any, including
setback and side and rear yard designations of any existing structures
on any remaining adjoining land owned by the applicant and dimensions
of yards relating to such structures. A note shall be placed on the
plan as follows: "Endorsement of this plan shall not be deemed to
be a verification of the location of the structures shown or setbacks
indicated."
(12)
Proposed or existing permanent monuments.
(13)
The limits of all wetlands or a notation that there are no wetlands,
if none exist. If wetlands limits exist, then a note shall be placed
on the plan as follows: "Endorsement of this plan shall not be deemed
to be a verification of the location of the wetlands shown on this
plan and can be verified only by a current plan approved by the Conservation
Commission."
(14)
A locus map at a minimum scale of one inch equals 1,000 feet
extending a minimum of 1/2 mile beyond the property limits.
(15)
Remaining adjoining land in the ownership of the applicant,
if any; if applicable, the applicant shall furnish evidence on the
plan indicating that the adjoining land has adequate frontage for
later development.
(16)
Location of any easement, public or private, across the land,
with a designation as to the use of the same.
(17)
A signature block shall be placed on the plan that provides
sufficient space for the date of endorsement and the signatures of
the members of the Planning Board.
(18)
In any instance in which ANR endorsement of a plan is sought
based upon the assertion that the plan shows a division of a tract
of land on which two or more buildings were standing when the Subdivision
Control Law went into effect into separate lots on each of which one
of such buildings remains standing, under MGL c. 41, § 81L,
Paragraph 13, the applicant shall provide information to satisfy the
Planning Board that:
(a)
The buildings are presently substantial in nature.
(b)
The buildings were substantial in nature and in existence on
or before February 9, 1953.
(c)
The buildings were on the same tract of land on or before February
9, 1953.
(d)
Each of the new parcels to be created for each of the buildings
will qualify as a "lot" within the meaning of MGL c. 41, § 81L.
(19)
In the event that the Planning Board votes to endorse such an
ANR plan, a note shall be placed on each of the new parcels created
as follows: "This parcel was created as a separate parcel under MGL
c. 41, § 81L, Paragraph 13, and zoning compliance requirements
shall be followed prior to conveyance of the parcel as a separate
lot with a building that may be occupied either by: (1) obtaining
a special permit that a lawfully preexisting, nonconforming lot may
be extended, changed or altered so as to allow the proposed division
and conveyance; or (2) obtaining a variance to address all nonconformities."
(20)
A note shall be placed on every ANR plan as follows: "Approval
under the Subdivision Control Law not required."
(21)
A note shall be placed on every ANR plan as follows: "Endorsement
of this plan shall not be an indication, express or implied, that
the parcels or structures shown on this plan conform to applicable
zoning requirements."
(22)
If a parcel is shown on the plan that does not have frontage
as required by the Zoning Bylaw, each such parcel shall contain the
following notation: "Not a building lot without further zoning relief."
The Planning Board shall review the ANR plan to determine whether
it is a subdivision within the meaning of the Subdivision Control
Law and whether it conforms to the standards for endorsement of an
ANR plan.
A. Endorsement. If the Planning Board determines that the ANR plan does
not require approval under the Subdivision Control Law, a majority
of the Planning Board or its Clerk shall, without a public hearing
and within 21 days of submission, endorse on the plan the words "Approval
under the Subdivision Control Law not required," together with any
reasonable notations to indicate that:
(1) Endorsement
shall not constitute a determination as to zoning compliance.
(2) In
particular cases, further zoning relief shall be required if endorsement
is obtained under MGL c. 41, § 81L, Paragraph 13.
B. Denial of endorsement. If the Planning Board determines that an ANR
plan does require approval under the Subdivision Control Law or does
not conform to the standards for endorsement hereunder, it shall,
within 21 days of submission of said plan, notify the applicant and
the Town Clerk in writing that in the Planning Board's opinion the
plan shows a subdivision and cannot be endorsed and return the Mylar
plan to the applicant.
C. Constructive endorsement. The failure of the Planning Board to take
final action to endorse or refuse endorsement for a plan submitted
under MGL c. 41, §§ 81L and 81P, may result in a constructive
endorsement as provided for by state law.
One copy of the endorsed ANR plan shall be retained by the Planning
Board for its files. An endorsed copy shall be forwarded to the Town
Clerk, Building Department and Highway Surveyor. The Mylar shall be
returned to the applicant for recording in the Plymouth Registry of
Deeds or for registration with the Land Court. No construction shall
commence in accordance with the endorsed ANR plan until it has been
duly recorded.