The following rules and regulations governing the subdivision of land are hereby adopted by the Planning Board of the Town of Winchendon under the authority of MGL c. 41, § 81Q, as amended, to be effective on and after January 15, 2013.
A.
The Winchendon Planning Board has authority under the General Laws of Massachusetts, the Winchendon Home Rule Charter, and the zoning and other bylaws adopted thereunder to regulate the location and development of lots and laying out and construction of ways in all subdivisions providing access to the several lots therein, but which have not become public ways, to ensure the safety, convenience and welfare of present and future inhabitants of Winchendon and for other purposes described in MGL c. 41, § 81M, the Winchendon Home Rule Charter and the Winchendon bylaws, such as the preservation of open space, ensuring convenient access to and sanitary conditions in subdivisions and in proper cases parks and open areas. The Board's powers shall be exercised with due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel, for lessening congestion in such ways and in adjacent public ways, for reducing danger to life and limb in the operation of motor vehicles, for securing safety in the case of fire, flood, panic and other emergencies, for ensuring compliance with the applicable Zoning Bylaws, for securing adequate provision for water, sewerage, drainage, utility services, fire, police and other similar municipal equipment, and streetlighting and other requirements where necessary in a subdivision, and for coordinating the ways in a subdivision with each other and with the public ways in the Town and with the ways in neighboring subdivisions. It is the intent of the Subdivision Control Law that any subdivision plan filed with the Planning Board shall receive the approval of such Board if said plan conforms to the requirements of the Winchendon Zoning Bylaw, the recommendations of the Winchendon Board of Health and the Winchendon Conservation Commission, the requirements of the Winchendon Department of Public Works, and to the reasonable rules and regulations of the Planning Board pertaining to subdivisions of land; provided, however, that such Board may, when appropriate, waive, as provided for in MGL c. 41, § 81R, such portions of the rules and regulations as are deemed advisable. The Board exercises said authority with due regard for the Subdivision Control Law, the Winchendon Zoning Bylaw, and the Wetlands Protection Act, MGL c. 131, § 40.
B.
In considering a proposed subdivision, the Planning Board solicits the opinions of other Town boards, committees and officials and technical professionals as they pertain to the activities of subdivision control.
C.
The rules and regulations provide procedures and standards for a developer or subdivider to follow in order to secure the approval of the Planning Board for a proposed subdivision or other approvals allowed under the Subdivision Control Law.
In construing the meanings of these regulations, the definitions in MGL c. 41, § 81L, and the Winchendon Zoning Bylaw shall apply unless a contrary intention clearly appears. Words and meanings subject to question but not addressed herein, in the Zoning Bylaw, or in MGL c. 41, § 81L will be defined by the Board.
Owner of property contiguous to lots being developed under the subdivision control rules and regulations.
Approval not required. Refers to plans submitted under the provisions of MGL c. 41, § 81P.
The person who applies for approval or endorsement of a plan. The applicant must be the owner of all the land in the plan for which approval by the Board is required. By providing proof of designated authority, an agent, representative, or his or her assigns may act for the owner.
After receiving submitted plans, the Board may vote to approve them. Such action by the Board requires a majority vote of the Board, unless specified otherwise in the General Laws or the Zoning Bylaw. In the case of final approval on a definitive plan, only those Board members present at the public hearing or otherwise fully conversant with the plan and the information gathered at the hearing may vote. (Note: Board members who have missed one session of a hearing may vote on that matter pursuant to MGL c. 39, § 23D, as voted by the Town Meeting May 22, 2007. As provided in the Open Meeting Law and regulations adopted by the Selectmen, members may participate in meetings by electronic communication.)
Best management practices as are determined by the Massachusetts Department of Environmental Protection or other environmental groups.
Mail sent certified mail, return receipt requested, via the United States Postal Service.
Code of Massachusetts Regulations.
The schedule of fees as most recently adopted by the Board.
The diameter of a tree at breast height, normally four feet above the ground.
The final version of an engineered plan of a proposed subdivision, prepared in accordance with the provisions of these rules and regulations.
A decision made by the Board.
The owner of the land being subdivided, acting directly or through an authorized agent, representative or assignee.
The control of surface water within the tract of land to be subdivided.
When plans are to be drawn showing scale, each sheet shall show a line marked at intervals to show the distance on the earth which the distance on the scale represents divided into appropriate units so that it will be possible to accurately scale copies of plans that are reproduced electronically or optically.
Sod, loam, clay, sand, gravel, stone, or peat.
An area of land in one ownership, with definitive boundaries, used, or available for use, as the site for one or more buildings or for any other purpose.
The General Laws of Massachusetts as are currently in force.
The owner of record as shown by the records of the Worcester South Registry of Deeds or Land Court. An owner, other than a natural person or persons, must submit evidence that the person actually signing the application is authorized to sign on behalf of the owner.
The petitioner(s), abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within 300 feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, and the Planning Board of every city or town abutting Winchendon.
A natural person, a partnership, a corporation, a trust or any other entity that has a right to contract, convey land, sue or be sued under the laws of the commonwealth.
The Planning Board of the Town of Winchendon, established under MGL c. 41, § 81A.
A map or plan of the initial version of a proposed subdivision prepared in accordance with the provisions of these rules and regulations.
Receipt by the Planning Board of either a preliminary or definitive plan establishes the date upon which the time limitation for processing begins.
A document, plan, deed, etc. which has been recorded in the Worcester South Registry of Deeds in Worcester, Massachusetts; except that, as affecting registered land, it shall mean filed with the Recorder of the Land Court.
The Register of Deeds of the county in which the land in question, or the city or town in question, is situated, and, when appropriate, shall include the Recorder of the Land Court.
The Worcester South District Registry of Deeds located in Worcester, Massachusetts, and, when appropriate, shall include the Land Court.
The ratio of vertical rise over horizontal distance. It may be expressed as a ratio, 1:2; or as a percentage, vertical rise/horizontal distance * 100.
A native, introduced or naturalized tree which is important because of its impact on community character, its significance in the historic/cultural landscape or its value in enhancing the effects of wildlife habitat. Only trees with a diameter breast high (dbh) of six inches or larger will be considered specimen trees; except trees that have a small height at maturity or are slow growing, such as flowering dogwood or American holly, with a dbh of four inches or larger will be considered specimen trees.
MINOR STREETA street or portion thereof which is likely to be used only by vehicles traveling to or from lots on that street.
PRINCIPAL STREETA street or portion thereof which, in the opinion of the Board, is likely to carry a substantial volume of through vehicular traffic.
SECONDARY STREETA street or portion thereof, other than a principal street, which, in the opinion of the Board, is likely to carry through traffic other than just to or from lots on that street.
The division of a tract of land into two or more lots, including resubdivision. The division of a tract of land into two or more lots shall not be deemed to constitute a subdivision within the meaning of the Subdivision Control Law if, at the time it is made, every lot within the tract so divided has frontage on (a) a public way or a way which the Town Clerk certifies is maintained and used as a public way, or (b) a way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law, or (c) a way in existence when the Subdivision Control Law became effective in the Town of Winchendon, having, in the opinion of the Board, sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon and served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. Such frontage shall be of at least such distance as is then required by the Zoning Bylaw of the Town of Winchendon for erection of a building on such lot. Conveyances or other instruments adding to, taking away from or changing the size and shape of lots in such manner as not to leave any lot so affected without the frontage above set forth, or the 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, shall not constitute a subdivision. (from MGL c. 41, § 81L)
The power regulating the subdivision of land granted by the Subdivision Control Law.
Certification by the Winchendon Collector-Treasurer that no debt is owned to the Town by the applicant or the owner of record of the property for a period of time greater than 12 months.
A paved, partially paved, or unpaved circular area at the end of a dead-end street or cul-de-sac. See requirements in § 430-28.
No person shall make a subdivision of any land or proceed with the improvement or sale of lots in a subdivision, or the construction of ways, or the installation of municipal services therein, unless and until a definitive plan of such subdivision has been submitted to and approved by the Planning Board as hereinafter provided.