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.
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.