A preliminary subdivision plan may be submitted by an applicant, pursuant to MGL c. 41, § 81S, to the Planning Board for discussion and approval, modification, or disapproval. All nonresidential subdivisions shall submit a preliminary plan.
The purpose of a preliminary plan is to provide a prospective applicant with an opportunity to acquaint the Planning Board with the applicant's intentions and allow for an informal discussion of the plan. This procedure allows recommended changes to be conveniently incorporated into the preliminary plan prior to the development of the final plans. It is recommended that a preliminary plan be filed in every case, and a preliminary plan is required for a nonresidential subdivision under MGL c. 41, § 81S, Paragraph 2.
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Editor's Note: Amendment pending.
Prior to investing in extensive professional design costs for preparation of a preliminary plan, the applicant may review the proposed development of the parcel of land with the Planning Board, in order to explore general conditions involving the site and to discuss potential problems. Pencil sketches, which need not be professionally prepared, will assist in this discussion, and should show the critical features of the preliminary plan. In some cases, the pre-submission review may eliminate the need for the formal submission of a preliminary plan. Neither the applicant nor the Planning Board shall be bound by the discussions and no binding waivers of the Regulations can be made.
The submission of a preliminary plan to the Planning Board shall not be deemed submission of a definitive subdivision plan for approval by the Planning Board under MGL c. 41, § 81U.
An applicant submitting a preliminary plan of a subdivision for consideration shall provide an application as set forth below.
A. 
Application form and copies. An applicant shall submit an application in duplicate on Planning Board Form B (Appendix I, Forms, Form B), together with 15 copies of the preliminary plan to the Planning Board.
B. 
Required signatures on application. The Form B application shall contain the original signatures of the applicant and all record owners of the land that is proposed to be subdivided, indicating that all owners of record are aware of the application and have assented to the application.
C. 
Required application fee. A preliminary plan applicant shall submit the required fee as set forth in Appendix V, Schedule of Fees, with the Form B application.
D. 
Delivery of application. The preliminary plan shall be deemed submitted when the Form B and preliminary plan are delivered to the Planning Board at a public meeting or delivered by registered mail.
E. 
Filing of application with Town Clerk. A preliminary plan applicant may file, by delivery or registered mail, a notice with the Town Clerk stating the date of submission of the Form B and preliminary plan to the Planning Board.
A preliminary plan shall be prepared and contain information and documentation as set forth below.
A. 
Preparation. The preliminary plan shall be on paper with clearly legible lines, at a scale of one inch equals 40 feet. The preliminary plan shall be clearly labeled: "Preliminary Plan." A preliminary plan shall be prepared by a registered land surveyor and a registered professional engineer, who each shall be appropriately licensed to perform the specific work involved.
B. 
Contents. A preliminary plan shall contain the following documentation and information:
(1) 
The subdivision name, boundaries, North point, date and scale.
(2) 
Name, address, telephone number and signature of the applicant and each record owner of the land proposed to be subdivided.
(3) 
Name, address, e-mail address and telephone number of the applicant's engineer or surveyor.
(4) 
Names of all abutters, as determined from the most recent Town tax list.
(5) 
Assessing Map reference information.
(6) 
Lines of existing and proposed streets, ways, easements and common or public areas within the subdivision.
(7) 
Location, names, and present width of streets bounding, approaching or near the subdivision.
(8) 
Existing and proposed boundary lines, dimensions and areas of lots.
(9) 
All existing bodies of water, brooks and streams and wetlands, with direction of flow and the proposed disposition of watercourses.
(10) 
Existing highway drainage within the frontage area of the subdivision and for a sufficient distance beyond as required by the Planning Board.
(11) 
The boundary lines of proposed lots with areas and dimensions indicated.
(12) 
Profile of streets including details of typical road and sidewalk cross sections, full storm drainage details, and location of all utilities.
(13) 
Where the owner or applicant also owns or controls land adjacent to or across the street from the land shown on the preliminary plan, the applicant shall submit a sketch plan showing a possible or prospective street layout for such adjacent land. The sketch may be submitted separately from the preliminary plan.
(14) 
Evidence that all lots and other aspects of such plan conform to the Zoning Bylaw or evidence that a variance has been granted.
(15) 
A written list of any waivers from the Regulations requested.
(16) 
The location of the general soil classification boundaries identified by the Natural Resources Conservation Service.
(17) 
The proposed roadway center line should be staked at fifty-foot intervals at the time of submission. Additional staking of drainage facilities, easements and other areas may be required by the Planning Board.
(18) 
The applicant shall demonstrate that development of the site shall be balanced relative to earthwork and result in no net loss of earth materials. Calculations of anticipated cut and fill volumes shall be provided.
[Amended 5-8-2021 ATM by Art. 11]
The Planning Board may submit copies of the preliminary plan to the Board of Health, Select Board, Building Inspector/Zoning Enforcement Officer, Conservation Commission, Drainage Committee, Fire Department, Highway Surveyor, Police Department, Board of Water Commissioners, and Tree Warden for their review and comment. Replies shall be made to the Planning Board within 30 days.
After the regular Planning Board meeting at which preliminary plan is first discussed, the Planning Board and/or its agent may schedule a site visit to the proposed subdivision, with or without the applicant and the applicant's agents or representatives under MGL c. 41, § 81CC. To facilitate review of the proposed subdivision site, temporary staking may be required along the center line of all proposed roads in the subdivision before the site visit, or, if staking is impractical, the Planning Board may permit a suitable alternative procedure.
The Planning Board shall, under MGL c. 41, § 81S, approve a preliminary plan, approve it with modifications or disapprove it with the detailed reasons stated therefor in writing.
A. 
Disapproval. In case of disapproval, the Planning Board shall state in detail its reasons for disapproval, enabling the applicant to resubmit the plan after correcting it to comply with the Regulations and the Zoning Bylaw.
B. 
Effect of preliminary plan action. Approval of a preliminary plan, with or without modifications, shall not constitute approval of a definitive subdivision. Planning Board action regarding a preliminary plan shall not prejudice action as to any later filed definitive plan.
C. 
Notice to Town Clerk. The Planning Board shall notify the Town Clerk in writing of its action on a preliminary plan within 45 days of the date of submittal of the application, under MGL c. 41, § 81S, unless the time for action is otherwise extended.