Town of Cohasset, MA Definitive Plan

Any person who submits a definitive plan of a subdivision to the Planning Board for approval shall file with the Board:

An original of Form 4.

Nineteen copies of Form 4.

Twenty sets of plans.

Twenty sets of all supplementary documents required under § 325-18B.

A certified abutters list and two sets of mailing labels matching the certified abutters list which can be obtained from the Assessor's office (Assessor's office requires 10 business days to produce).

Required application fee and engineering and legal deposits.

Municipal lien certificate.

Original copy of Planning Board litigation policy statement signed by both owner and applicant.

(i)

Form 7, Street Name Review Form.

(j)

A copy of Form 3 (submitted to the Town Clerk's office) with the Town Clerk's stamp.

(k)

PDF submission of all plans and documents.

Nothing contained herein shall preclude the Planning Board from requiring additional copies of prints as required.

All definitive subdivision plan applications shall include a certification as to the application's and plan's conformance, in every aspect, with these rules and regulations, the Subdivision Control Law and the Cohasset Zoning Bylaw and as to the accuracy of the application and plan, such certification to be executed by a person registered in the Commonwealth of Massachusetts as a Massachusetts registered professional land surveyor or Massachusetts registered professional engineer. If the application or plan fails to comply in any respect with these rules and regulations, the Subdivision Control Law and the Cohasset Zoning Bylaw, the application must be accompanied by a list, certified by such Massachusetts registered professional land surveyor or Massachusetts registered professional engineer, setting forth each and every rule and regulation with which the application and/or plan does not comply, the nature of the noncompliance and the reason therefor.

The applicant, in accordance with MGL c. 41, § 81T, shall give written notice to the Town Clerk by hand delivery or by certified mail, utilizing Form 3 attached to these regulations. The notice shall state the date the submission was made to the Planning Board. If such notice is given by hand delivery, the Town Clerk shall, if requested, give written receipt thereof to the person who delivered such notice. The applicant shall also provide the Town Clerk with a copy of the executed application form.

As outlined in § 325-8, Consultants and fees, all costs of the services rendered and the work performed by the Planning Board and its staff in review of the proposed definitive subdivision plan, including without limitation administration and technical and legal review of the proposed definitive subdivision plan, are the responsibility of the applicant.

A submission shall not be deemed complete and shall not be accepted until the applicant has submit the required number of copies of the Form 4 application, plans and other supporting documents, a municipal lien certificate, the signed Planning Board statement of litigation policy, a certified abutters list and two sets of mailing labels and has provided the required application fee and deposit fee for engineering, legal and Board expenses, unless the Board has waived the deposit requirement in writing.

Review by the Board of Public Health as to suitability of the land. When a definitive plan of a subdivision is submitted to the Planning Board, as provided in MGL c. 41, § 81O, a copy thereof shall also be filed with the Board of Public Health which shall review the plan in accordance with the Subdivision Control Law.

[Amended 5-24-2021 ATM by Art. 28]

§ 325-18 Definitive plan submission contents.

The definitive plan submission shall consist of the definitive plan and required supplemental information as follows:

Definitive plan.

The definitive plan shall be prepared by a Massachusetts registered professional engineer and Massachusetts registered professional land surveyor and shall be clearly and legibly drawn at a scale of one inch equals 40 feet in black permanent ink upon sheets of tracing cloth or plan original 24 inches by 36 inches, with three-fourths-inch borders, except the left border which shall be 1 1/2 inches.

The definitive plan shall consist of at least five separate sheets as follows:

A cover sheet.

A subdivision plan.

A topographic, utilities, grading and drainage plan.

A layout plan and profile.

A detail sheet.

(3)

All sheets making up the definitive plan shall contain the following:

Title (subdivision name), date of preparation and scale.

Name of owner of record and of applicant if other than owner of record.

Name and address of the Massachusetts registered professional land surveyor and Massachusetts registered professional engineer.

Certificates and seals of the Massachusetts registered professional engineer and Massachusetts registered professional land surveyor who prepared the sheet (including topographic information).

Certificate by the Massachusetts registered professional land surveyor that all surveying conforms to the requirements of the Massachusetts Land Court (not required on index sheet or detail sheet).

Certificate by the Massachusetts registered professional land surveyor that all surveying conforms to the current requirements of the Massachusetts Board of Registration of Professional Engineers and Land Surveyors as described in 250 CMR 6.00, procedural and technical standards for the practice of land surveying (not required on index sheet or detail sheet or sheets without survey information).

Suitable space to record the action of the Board and the signatures of the members of the Board on each sheet of the definitive plan.

Revision block suitable to record and describe revisions made to the plan.

(4)

The subdivision plan shall contain the following:

North arrow.

Existing and proposed lines of streets, house numbers of existing houses, rights-of-way, easements, and any public or common areas within the subdivision. (The proposed names of proposed streets will be shown in pencil until they have been approved by the Board.)

Location, names and present widths of adjacent streets or of streets approaching or within reasonable proximity of the proposed subdivision.

A locus plan at a scale of one inch equals 800 feet showing the relationship between the subdivision and adjoining property within a radius of 1/4 mile of the proposed subdivision.

Names of all owners of abutting land as determined from the most recent local tax list, including owners of land separated from the subdivision only by a street.

All lots with lot numbers designated numerically and in sequence. The applicable minimum front, side and rear yard depth of each lot as required by the Zoning Bylaw shall be shown by a dashed line.

Sufficient data including lengths, bearings, radii and central angles to determine the exact location, direction and length of every street line, lot line and boundary line and sufficient survey data referred to existing permanent monuments such that these lines may be readily established on the ground.

The Board, where it deems necessary, may require a permanent elevation bench mark.

(i)

Location of natural waterways and water bodies within and adjacent to the subdivision.

(j)

Location of existing or proposed paths, sidewalks, roads, and rights-of-way over and across the subdivision.

(k)

The limit of previous approval by the Planning Board and the date of such approval. If the subdivision adjoins a public way it shall be so designated.

(l)

Zoning classification of the land shown on the plan and the location of any zoning district boundaries that may lie within the locus of the plan.

(m)

Location of all proposed survey monuments for the subdivision.

(n)

If the property that comprises the subdivision or any part thereof has been examined, approved and confirmed by the Massachusetts Land Court, such information shall be noted on the plan with case numbers and other pertinent references, and the same requirement shall apply to any abutting parcels of the applicant.

(o)

Identify any area(s) within the locus which lie(s) within a Floodplain and Watershed Protection District or any other zoning overlay district.

(p)

Items contained in Subsection A(3) above.

(5)

The topographic, utilities, grading and drainage plan shall contain the following:

Location of all permanent monuments, identified as to whether existing or proposed, natural objects such as waterways, wetlands, detention ponds, trees over 12 inches in diameter, drainage courses, large boulders or ledge outcroppings, stone walls, fences, buildings, retaining walls, existing on-site disposal systems on the property or within 50 feet of any proposed drains, one-hundred-year floodplain and the like.

Locations of all proposed streets, lot lines and easements.

Existing and proposed contours, developed on NGVD base, at two-foot intervals. Existing contours and detail shall meet National Map Accuracy Standards for maps of one inch equals 40 feet. Where aerial photogrammetry is used, check sections shall be taken and provided to demonstrate map accuracy. Existing topographic information shall be based on recent on the ground survey under the supervision of the registered professional whose stamp is on the plan.

Location of all drainage structures with existing and proposed spot grades where drainage meets existing conditions.

There shall also be shown any alteration of the pattern and disposition of drainage without regard for its source. Direction and size of all drainage culverts, open ditches and the like must be indicated.

Location of surface and subsurface explorations on the tract, location and results of tests made to ascertain subsurface soil, rock and groundwater conditions, depth of groundwater and the probable area of disposal systems shall be indicated.

Location of existing or proposed municipal services.

Location of all proposed haul roads to be used during subdivision construction.

(i)

Items contained in Subsection A(3) above.

(6)

The layout plan and profile shall contain the following:

A separate plan for each proposed street and easement, including bridges, in the subdivision, at a horizontal scale of one inch equals 40 feet, showing for each such proposed street or easement: side lines, center line, points of tangency, length of tangents, length of curves, intersection angles, radii of curves, and the location of proposed and existing permanent monuments and bench marks, together with all lot lines, buildings and other major features within 40 feet of the exterior lines of such street or easement. The layout plan shall also show the size, material and location of all proposed drains, proposed water mains, other existing and proposed municipal services and proposed sewers within the street, together with their appurtenances.

The items above shall be supplemented where necessary by lines on the plan showing the width and location of proposed roadways, planting strips, gutters, light fixtures, hydrants, sidewalks, guardrails and similar physical features. Directly above or below the plan of each proposed street or easement, a profile shall be drawn at a horizontal scale of one inch equals 40 feet and a vertical scale of one inch equals four feet showing for such street or easement existing center-line grades in fine black solid line, existing exterior left side line in fine black short dash line, existing exterior right side line in fine black long dash line, and proposed finished center-line grades in heavy solid line. Proposed and existing grade elevations shall be shown by figures at beginning and end of the street or easement at fifty-foot station intervals and at the beginning and end of all vertical curves. Proposed stations and station equations shall be shown by figures at the beginning and end of the street or easement. Rates of gradient in percentage shall also be shown. All elevations shall refer to National Geodetic Vertical Datum (NGVD). Profiles shall also indicate the location of any intersecting public or private ways, and the location of existing and proposed storm drains, including water mains, sewers, or other municipal services and their appurtenances, invert locations of all manholes, pipe ends, catch basins and changes in slope. Existing septic systems within 50 feet of the edge of the roadway layout shall also be shown.

On the same sheet or on a separate sheet, there shall be drawn cross sections of the proposed street, properly located and identified by station number, at such intervals along the street as will indicate adequately any variations in its section.

Items contained in Subsection A(3) above.

(7)

The cover sheet shall consist of:

A locus plan at a scale of one inch equals 800 feet showing the relationship of the subdivision to adjoining property within a radius of 1/4 mile of the proposed subdivision.

An index of other sheets in the plan.

A space reserved for revision dates on the sheet.

A statement under the space for revision dates as follows: "The latest revised date contained in this set of plans is (date)."

If the entire site cannot be shown on one sheet, an index plan shall be drawn on the cover sheet (or on a separate sheet) at a scale agreed to by the Board. The index plan shall show lots, streets and street stationing conforming to the layout plan and profile. The identity of lots by house number should also be shown if available.

(8)

The detail sheet shall contain details indicating the proposed construction of all catch basins, manholes, channels, swales, headwalls, endwalls, flared ends, hydrants, roadways, sidewalks, bikeways and all other improvements required by these regulations and by the Planning Board.

Required supplemental information for a definitive plan submission.

Environmental impact and evaluation statement. The applicant shall also submit with the definitive plan 20 copies of an environmental impact statement, the purpose of which is to enable the Board to determine the methods which are to be used by the applicant to promote the environmental health of the community and to minimize adverse effects on the natural resources of the Town. In preparing the statement, the applicant should refer to the Soil Survey Maps and Manual, by the Natural Resources Conservation Service, United States Department of Agriculture, for this Town. The statement should include specific references to the appropriate plans and maps. The statement should be a technical document with references for all comments whenever possible. In reviewing the statement, the Board strongly encourages the applicant to consider the health and safety of the inhabitants of the area; the degree to which water is recycled back into the ground; the effect on flow and quality of surface and ground waters; the effect of drainage upon adjacent properties; the preservation or promotion of wildlife refuges, historic sites, and unique geological, botanical and archaeological features; existing or potential trails and accesses to open space areas; and the extent to which the design utilizes natural features and orientation to foster energy-conscious design. The Planning Board may waive any section, or sections, of the statement which it deems inapplicable to the proposed project. The developer should discuss the requirements with the Board prior to the submission of a definitive plan. The statement shall include the following:

Physical environment.

Describe the general physical conditions of the site, including amounts and varieties of vegetation, general topography, unusual geologic, scenic and historical features, trails and open space links, and indigenous wildlife.

Describe how the subdivision will affect these features.

Provide a complete physical description of the subdivision and its relationship to surrounding area.

Surface water and soils.

Describe location, extent and type of existing watercourses, ponds, vernal pools and wetlands, including existing surface drainage characteristics, both within and adjacent to the subdivision, noting any current problems in the area.

Describe the methods to be used during construction to control erosion and sedimentation, i.e., use of sediment basins and type of mulching, matting, or temporary vegetation; describe approximate size and location of land to be cleared at any given time and length of time of exposure; covering of soil stockpiles; and other control methods used. Evaluate effectiveness of proposed methods on the site and on the surrounding areas.

Describe the permanent methods to be used to control erosion and sedimentation, including a description of:

[a]

Any areas subject to flooding or ponding;

[b]

Proposed surface drainage system;

[c]

Proposed land grading and permanent vegetative cover;

[d]

Methods to be used to protect existing vegetation;

[e]

The relationship of the development to the topography;

[f]

Any proposed alterations of shore lines, marshes or seasonal wet areas;

[g]

Any existing or proposed flood control or wetland easements; and

[h]

Estimated increase of peak runoff caused by altered surface conditions, and methods to reduce runoff by allowing surface water to seep into the ground.

[4]

Describe sewage disposal methods. Evaluate impact of disposal methods on surface water, soils, and vegetation.

[5]

Provide complete drainage calculations for the proposed subdivision and off-site drainage improvements, if any; calculations to include:

[a]

Topographic map showing all watershed areas referred to in the drainage calculations, the subdivision perimeter, the subdivision streets, and drainage structures.

[b]

Drainage calculations for development.

[c]

Other information necessary to check the adequacy of the drainage design proposed and the impact of this design, both upstream and downstream of the subdivision.

Subsurface conditions. A report on soil testing performed and prepared by a Massachusetts registered professional engineer. The purpose of the report shall be to supply soil data to the Planning Board and assist in evaluating the design of the subdivision. The report shall include the location of observation pits. Logs of such observation pits shall be taken in accordance with the regulations concerning pits as required in 310 CMR 15.00 of the Massachusetts Sanitary Code, Subsection 15.102(3), Deep Observation Holes, prior to submission of the definitive plan.

Describe any limitations on proposed subdivision caused by subsurface soil and water conditions, and methods to be used to overcome them.

Provide logs and findings from soils tests and observation pit excavations conducted on the site. At least one observation pit per 200 feet of road along the center line of road shall be dug and logged. The observation pits have the purpose of supplying soil data to the Planning Board to assist in evaluating the design and construction cost of a subdivision. A log of such observation pits shall be taken, in accordance with the applicable sections of regulations concerning such pits as contained in 310 CMR 15.102 to 15.105 (the State Environmental Code, Title 5), as amended, prior to submission of the definitive plan. The minimum depths of such pits shall be as follows:

[a]

Cut sections: five feet below proposed finished grade or to bedrock, whichever is less.

[b]

Fill sections: eight feet below existing grade or to bedrock, whichever is less, except in unstable soils (i.e., peat, muck, etc.) where the minimum depth shall be five feet below hard bottom.

Evaluate impact of sewage disposal methods on quality of subsurface water and increase/decrease in the elevation of existing water table.

Town services.

Describe estimated existing and proposed traffic flow at peak periods and proposed circulation pattern and impact on area within 1,000 feet of the subdivision.

Provide at least one sketch plan of the site and abutting properties within a minimum of 1,000 feet of the site whether or not owned by the applicant showing possible or prospective street layouts for such adjacent land.

Describe locations and number of vehicles accommodated in parking areas.

[4]

Describe effect of subdivision on police and fire protection services.

[5]

Describe effect of subdivision on Department of Public Works services, including existing streets and storm drainage facilities.

[6]

Describe effect of subdivision on educational services.

[7]

Describe the effect of the subdivision on the Town water supply and distribution system.

[8]

Describe the effect of the subdivision on Town parks, playgrounds and recreational facilities.

Human environment. Provide a tabulation of proposed buildings by type, size (number of bedrooms, floor area), ground coverage, and a summary showing the percentage of the tract to be occupied by buildings, parking and other paved vehicular areas and usable open space.

General impact. Summarize environmental impact on entire Town with supporting reasons.

Other required field work. To facilitate the review of the definitive plan submission, the applicant shall stake the center line of the proposed roadway at one-hundred-foot intervals. The applicant shall also stake locations and elevations of all drainage structures such as flared ends and headwalls that must meet existing grades. Other areas sensitive to the design evaluation may be required to be staked after review of plans by the Board.

§ 325-19 Changes to approved definitive plan.

No modification, amendment, change or alteration shall be made in an approved definitive plan unless made in accordance with MGL c. 41, §§ 81O and 81W. For the purposes of this section, the definitive plan shall be defined to include without limitation all elements listed under § 325-18, Definitive plan submission contents, of these regulations. Any alteration in grades, drainage plans or other utilities shall constitute a change in the definitive plan.

§ 325-20 Submission of amended definitive plan.

Where the Planning Board has disapproved a definitive plan submission for stated reasons, the applicant may submit an amended plan which purports to address the reasons for disapproval. Submission of such an amended plan shall be governed by the provisions of this section.

The applicant shall submit an amended plan within 20 days after the decision of the Board to disapprove the definitive plan has been filed with the Town Clerk.

An amended plan under this section shall comply in all respects with the rules and regulations governing submission of a definitive plan as set forth in Article IV et seq. herein, including, without limitation, the filing of the required application and payment of all fees and deposits.

The Planning Board may, at its discretion, waive strict compliance with these rules and regulations. Where an amended plan has been submitted under this section, the Board should avoid unnecessary duplication of plans and/or supplemental information whenever possible.

Any submission made under the provisions of this section shall be governed by the rules and regulations, bylaws, and statutes in effect at the time the amended plan is submitted.

§ 325-21 Incomplete submissions.

Within 21 days of receipt of a proposed definitive plan submission, the Planning Board shall determine whether the submission is complete. Incomplete filings shall be rejected and a written notification of rejection and the reasons therefor shall be sent by certified mail to the applicant with copies to the Town Clerk and Board of Public Health. Mailing of this notification shall be made no later than 21 days after the Planning Board received the submission. (If the 21st day falls on a Saturday, Sunday, or legal holiday, then the next business day shall be the deadline.) If the notification has not been sent as provided herein, then the submission shall be deemed complete. The Planning Board shall retain the copies of the rejected filing for its record.

[Amended 5-24-2021 ATM by Art. 28]

An incomplete submission will not trigger the time periods set forth in MGL c. 41, § 81U, for review of the plan by the Board of Public Health or the Planning Board.

[Amended 5-24-2021 ATM by Art. 28]

Acceptance of a definitive plan submission as substantially complete does not imply that the submission meets the requirements of these rules and regulations. After further review and comments by the Planning Board, its agents, and/or other boards, supplementary information, documentation or clarifications to the submission may be required.

§ 325-22 Approval process.

The Planning Board will transmit copies of definitive plan submissions that it deems substantially complete to such boards or committees as it deems advisable. The Planning Board will request of each official, board and commission to which it has transmitted a copy of the definitive plan a written statement with regard to the plan within 45 days of such submission. Such statements should address, where appropriate, the layout and design of the proposed subdivision and of the proposed municipal services therein; compliance with the Zoning Bylaw; applicability thereto of state and local regulations; and the impact, if any, of the proposed subdivision on matters within the purview of the particular committee. The applicant shall simultaneously file his proposed definitive plan with the Board of Public Health as required by MGL c. 41, § 81U, and § 325-17G of these rules and regulations.

[Amended 5-24-2021 ATM by Art. 28]

Before approval, modification and approval, or disapproval of the definitive plan is given, a public hearing shall be held by the Planning Board, notice of the time and place of which and of the subject matter, sufficient for identification, shall be given by the Planning Board at the expense of the applicant by advertisement in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication being not less than 14 days before the day of such hearing, or if there is no such newspaper in the Town then by posting such notice in a conspicuous place in the Town Hall for a period of not less than 14 days before the day of such hearing, and by mailing a copy of such advertisement to the applicant and to all owners of land abutting upon the land included in such plan as appearing on the most recent tax list.

Approval, modification or disapproval.

After the required hearing, but within the period specified in the Subdivision Control Law after receipt of a complete definitive plan submission, the Board shall take final action in accordance with said law.

Before endorsement of the Planning Board's approval of a definitive plan of a subdivision, the applicant shall agree to construct the required improvements specified on the plans and in these rules and regulations, such construction to be secured by a performance guarantee as described in Subsection G.

Certificate of approval. The action of the Board in respect to said plan shall be by vote, copies of which shall be certified and filed with the Town Clerk and sent by certified mail to the applicant. If the Board modifies or disapproves said plan, it shall state in its vote the reason for its action. Final approval, if granted, shall be endorsed on the original of the approved drawings of the definitive plan by the signatures of a majority of the Board, but not until the statutory twenty-day appeal period has elapsed following the filing of the certificate of the action of the Board with the Town Clerk, and said Clerk has notified the Board in writing that no appeal has been filed. The Board shall then return to the applicant the originals of the definitive plan.

Within 30 days after the return to the applicant of the definitive plan, as approved and endorsed, the owner shall obtain and furnish to the Board three prints and one reproducible plan original of said plan showing final endorsement. Prints and reproducible shall be black line on white background. No lots shall be released and no bond reduced by the Board until the applicant has filed with the Board the above prints.