In construing these Rules and Regulations, the definitions in MGL c. 31, § 81L shall apply (unless a contrary intention clearly appears). In addition, the following words shall have the following meanings:
APPLICANT; DEVELOPER; SUBDIVIDER
The person who applies for the approval of a plan of a proposed subdivision. The applicant or applicants must be the owner or owners of all the land included in the proposed subdivision. An agent, representative or his/her assigns may act for an owner, provided a properly executed power of attorney (or other written evidence acceptable to the Board) is submitted. In the case of a general or limited partnership, all general partners must join in the application and must submit documentation of the legal existence of the partnership and/or real estate trust and its authority to do business in Massachusetts. An attorney acting on behalf of an applicant shall be licensed to practice law in Massachusetts and shall submit a written statement of representation.
BOARD or PLANNING BOARD
The Planning Board of the Town of Palmer, Massachusetts.
BUILDING
A dwelling, shed, garage, or other structure; not to be interpreted as a sewer, water or other utility line.
CERTIFIED BY (OR ENDORSED BY) A PLANNING BOARD
As applied to a plan or other instrument required or authorized by the Subdivision Control Law to be recorded shall mean bearing a certification or endorsement, following approval at a legal Board meeting, signed by a majority of the members of the Planning Board or any other person authorized by the Board to certify or endorse its approval or other action and amend in a written statement to the Register of Deeds and Recorder of the Land Court.
COLLECTOR STREET
A street which receives and distributes traffic from and to various subareas within a given region, and receives traffic from a given residential neighborhood or industrial area and carries it to an arterial highway. These roads run through developed areas or connect concentrations of development and carry significant volumes of traffic.
CONSULTANTS or CONSULTING SERVICES
Includes, but is not limited to, architects, biologists and other environmental experts, chemists, engineers, geologists, landscape architects, planners, lawyers, sanitarians, and surveyors.
DEFINITIVE PLAN
A map of a proposed subdivision, three acetate overlays, a development impact statement, together with all other forms, documents, drawings, information filing fees, and reimbursement payments required by these Rules and Regulations, submitted to the Planning Board for its approval.
DEVELOPMENT IMPACT STATEMENT (DIS)
A documented, written analysis of a proposed subdivision which contains all information provided by Article VIII of these Rules and Regulations, and which provides the Planning Board and its agents or consultants with information necessary for plan review. The DIS is prepared by the applicant.
ENGINEER
Any person who is registered or otherwise legally authorized by the State of Massachusetts to perform professional civil engineering services.
LOCAL STREET
A street which primarily provides access to adjacent land uses.
OWNER
The owner of record as shown by the records in the Hampden County Registry of Deeds or Land Court.
PRELIMINARY PLAN
A plan of a subdivision submitted by the applicant showing sufficient information to form a clear basis for discussion and clarification of its general contents and for the preparation of a definitive plan.
STATE CONSTRUCTION STANDARDS; MASSACHUSETTS DEPARTMENT OF TRANSPORTATION CONSTRUCTION STANDARDS
These specifications are published by the Massachusetts Department of Transportation. They are entitled "Standard Specifications for Highways and Bridges," and include all supplements, updates, revisions or future editions covering substantially the same subject matter. All matters left open or undetermined by these specifications shall be specified by the Board on a case-by-case basis.
[Amended during codification]
STREETS
A. 
MAJOR STREETA street which, in the opinion of the Board, is likely to carry substantial volumes of through traffic.
B. 
SECONDARY STREETA street other than a major street which, in the opinion of the Board, is likely to carry traffic other than just to or from lots on that street.
C. 
MINOR STREETA street which, in the opinion of the Board, is likely to be used only by vehicles traveling to or from lots on that street.
D. 
DEAD END STREET/CUL-DE-SACA public or private vehicular right-of-way which affords the principal means of access to abutting property and which joins another thoroughfare at only one end. Any such thoroughfare which joins or intersects a dead-end street/cul-de-sac shall have adequate access at both ends from a Town, county, or state public way adjacent to the subdivision.
SUBDIVISION
A. 
The division of a tract of land into two or more lots and shall include resubdivision, and, when appropriate to the context, shall relate to the process of subdivision of the land or territory subdivided.
B. 
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 under any of the following conditions:
(1) 
At the time the subdivision is made, every lot within the tract so divided has frontage on:
(a) 
A public way or a way which the Clerk of the Town of Palmer certifies is maintained and used as a public way; or
(b) 
A way shown on a plan previously 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 Palmer having, in the opinion of the Planning 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 or 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 Ordinances of the Town of Palmer for erection of a building on such lot,[1] and if no distance is so required, such frontage shall be at least 50 feet.
(2) 
Conveyances or other instrument adding to, taking away from, or changing the size and shape of lots in such a manner as not to leave any lot so affected without the frontage above set forth.
(3) 
The division of a tract of land, on which two or more buildings were standing when the Subdivision Control Law went into effect in the Town of Palmer in which the land lies, into separate lots on each of which one of such buildings remains standing.
SUBDIVISION CONTROL LAW
Refers to MGL c. 41, §§ 81K to 81GG, inclusive, entitled "Subdivision Control," as last amended.
SUBDIVISION, TYPE I
A subdivision for residential purposes other than apartments or condominium developments.
SUBDIVISION, TYPE II
A subdivision for apartments, condominiums, business or industrial purposes.
SURVEYOR
Any person who is registered or otherwise legally authorized by the Commonwealth of Massachusetts to perform land-surveying services.
WAY
A right-of-way or means of access to a lot. A public way is a way which has been accepted by, and the land owned by, the Town of Palmer or by other means created as a public street. Any other way (private way) is a way over land which is owned by a private party, but which is set forth by deed covenant, deed description, or other means as a private way.
[1]
Editor's Note: See Ch. 171, Zoning, of the Code of Ordinances.