For the purpose of these Rules and Regulations, the following
words and terms used herein are hereby defined as follows:
An owner or owners of property, which has:
A person who applies for approval of a plan of a subdivision
or who applies for a determination that approval is not required.
The applicant (or applicants) shall be the owner (or owners) or the
duly authorized agent or representative of the owner(s), or his or
their assigns of all land included in the subject request for action
before the Planning Board. If a plan for a subdivision of land is
to be submitted by one representing to be the agent or assign of an
owner, a notarized certificate shall be submitted, signed by the owner,
authorizing the person filing the plan to act as agent or assign and
the agent or assign shall also file sufficient documentation to explain
the nature and extent of his own actual or potential interest in the
land.
The Planning Board of the Town of Hull.
The plan of a subdivision as submitted (with appropriate
application) to the Board for approval, in its entirety, to be recorded
in the Registry of Deeds or filed with the Recorder of the Land Court
when approved by the Board.
The Standard Specifications for Highways and Bridges of the
Massachusetts Department of Public Works, dated 1973, including all
revisions thereto.
The Construction Standards of 1966, of the Massachusetts
Department of Public Works, and all revisions thereto.
Same as "Applicant".
A Registered Professional Engineer or other person designated
by the Board to act as its inspector.
The distance between adjacent intersections of lot and street
sidelines measured in a continuous line along the street sideline
over which access to the lot must be attainable, and tangent to which
and within all other lot lines a circle, the diameter of which is
not less than 80% of the minimum lot size frontages set forth in Sections
51-1, 51-11, 51-111, and Section 52 of this By-Law, may be located.
The General Laws of the Commonwealth of Massachusetts, with
all additions thereto and amendments thereof. (Abbreviated G.L.)
An area of land in one ownership, with definite boundaries,
used, or available for use, as the site of one or more buildings or
for any other definite purpose.
Sewers, surface and subsurface water drains, water pipes,
fire hydrants, gas pipes, oil pipes, steam lines, electric lines or
ducts, telephone lines or ducts, fire alarm cables and boxes, streetlights,
and their respective appurtenances, or other similar facilities.
The person holding the ultimate fee simple title to a tract,
parcel, or lot of land, as shown by the record in the Plymouth Registry
of Deeds or Plymouth Registry of Probate. A certified copy of such
record shall accompany any application.
An individual, two or more individuals, partnership, corporation,
association, society, or any entity recognized by the General Laws,
having common or undivided interests in a tract of land. Person shall
also include, to the extent allowed by the General Laws, agents, administrators,
executors, heirs, devisees, successors, and assigns.
The plan of a subdivision as may be submitted for discussion
and consideration by the Board prior to the preparation of the definitive
plan.
A reproduction of an original drawing — dark
line on white background.
A portion of a way which is designed and prepared for vehicular
traffic.
A portion of a lot, tract or parcel of land provided for
the location of a building, with the necessary or convenient amount
of land adjacent to such building used or to be used in connection
with such building.
A public way, or a way having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the proposed use of the land abutting thereon or served thereby, (major, secondary, minor and minor dead-end streets are defined in § 530-4.2 of these regulations).
The division of a tract of land into two or more lots and as further defined in Section 81-L, Chapter 41, G.L.
Sections 81K to 81GG, inclusive of Chapter 41 of the General Laws, and any acts in amendment thereof.
A way shall be the full strip of land designated as a way
or street, as distinguished from the roadway.
No plan shall be deemed to have been submitted to the Board until said plan, together with all application forms, fees and other items as required and executed as specified herein, has been delivered in person to the Board at a meeting thereof, or by registered mail through the Office of the Town Clerk, by the owner of the land involved or his authorized agent. (For matters not covered by these Rules and Regulations, reference is made to Sections 81-K to § 81-GG, inclusive, Chapter 41, G.L.)
All Definitive Plans submitted to the Board shall include a
certification as to their conformance in every respect with these
Rules and Regulations and as to the validity of their content executed
by a person registered in the Commonwealth of Massachusetts as a Land
Surveyor or Professional Engineer, or both, as required by the Board.
If the Plan fails to comply in any respect with these Rules and Regulations,
then the Definitive Plans must be accompanied by a list, certified
by said Land Surveyor or Engineer, setting forth each and every Regulation
with which the Plan does not comply, the location and nature of the
noncompliance, and the reason therefore. The Board suggests that the
owner be represented at any meeting with the Board by the person responsible
for the design of the subdivision and the preparation of the plans.
All information submitted to the Planning Board shall be typewritten.
Strict compliance with the requirements of these Rules and Regulations may be waived when, in the judgment of the Board, such action is in the interest, and not inconsistent with the Subdivision Control Law. The application for approval of a Definitive Plan must be accompanied by a written request for waiver of strict compliance with these rules, identifying with particularity the regulation sought to be waived, the nature and location of the waiver sought, and a demonstration certified by the applicant's Surveyor or Engineer that such waiver is consistent with each of the purposes set forth in § 530-1.2 of these Rules and Regulations.
If any Section, paragraph, sentence, clause or provision of
these Regulations shall be adjudged not valid, the adjudication shall
apply only to the material so adjudged and the remainder of these
Regulations shall be deemed valid and effective.
These Regulations or any portion thereof may be amended, supplemented
or repealed from time to time by the Board after a public hearing
on its own motion or by petition of the Board of Selectmen, Board
of Appeals, an individual owning land to be affected by the change
or adoption, by a regional planning agency, or by petition of 100
registered voters. No change to these regulations which has been unfavorably
acted upon by the Planning Board shall be considered by the Planning
Board within two years after the date of such unfavorable action without
a two-thirds vote of the Planning Board to reopen the matter.
When not otherwise specified in these Rules and Regulations,
all applicable State Standards shall apply.
